PROPER USAGE OF COPYRIGHTED MATERIALSWORKS BY LOURDES BELTRAN
PUBLIC DOMAIN• Publicdomain is the state of belonging or being available to the public as a whole.
HOW CAN WE KNOW A WORK IS IN THE PUBLIC DOMAIN? DOMAIN • Public domain works are those that were created before the existence of copyright laws. • Most works from the government are public domain like: works done by the federal government officers or employees as their official duty (written works, photographs, and other images).
EXAMPLE OF A PUBLIC DOMAIN WORK• This is an example of a public domain work that was done before the copyright laws.
ORPHAN WORKS• These are works that do not have sufﬁcient information to identify the owner or the date it was published.
EXAMPLE OF AN ORPHAN WORK• The Appalachian frontier: Americas first surge westward by John Anthony Caruso
USING MATERIALS FROM THE INTERNET• Copyright Laws govern materials that are found on the internet.• Some common assumptions about internet material usage are: not everything that is posted on the Internet is public domain.• People that copy and distribute others’ copyrighted works without permission can be liable and can face ﬁnes from $200 to $150,00 for each work.
FAIR USE• Fair use: is a right granted to the public on all copyrighted works.• The role of fair use: Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies. Collective licensing (the Copyright Clearance Center)
FAIR USE OF• Fairuse is a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online environment.• People now license the public to use their works by attaching Creative Commons licenses to them, making educational uses much easier without worry about fair use.
FAIR USE EXCEPTIONS• Copyrighted works may only be used with the limitation of using 300 words only. If the whole work is copied, it is not considered fair use.
HOW TO GET PERMISSION ON WORKS• CCC (works that is part of a book or a journal article)• VERDI(works from Finland, France, Germany, Ireland, the Netherlands, and Spain)• Image archives: MIRA• Freelance: Igenta
THE FOUR FAIR USE• 1. What is the character of the use?• 2. What is the nature of the work to be used?• 3. How much of the work will you use?• 4. What effect would this use have on the market for the original or for permissions if the use were widespread?
THE TEACH ACT• Copyright law that provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others’ works in the classroom.• TEACH Act become law in late 2002.
RESOURCES• http://copyright.lib.utexas.edu/useofweb.html• http://en.wikipedia.org/wiki/Public_domain• New Oxford American Dictionary• http://www.wikihow.com/Avoid-Copyright-Infringement• http://www.publicdomainsherpa.com/us-government-works.html• http://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html• http://en.wikipedia.org/wiki/Fair_use