What is Copyright? Copyrights protect an author’s published works. -teacher resources -literary texts -plays -movies
Public Domain vs. Orphan Works Public domain -any public institution’s blog -sharing site used to post comments/discoveries/suggestion -free to be published Orphan work -no owner -remains outside of the digital environment
Why not use an orphan work? If someone claims ownership, he or she may enforce his or her right through the Copyright Act. Never assume a work is so old that it would be acceptable to use it. Look for its owner to avoid punishment.
What if there is no owner? Ensure that there is no owner to reduce risk of punishment. **You may then display the work adding a special note advising the public that it is not a guarantee that the work may be used for any purpose. **This enables orphan works to be viewed by the public.
What about using material from the internet? Copyright laws govern the use of material you might find on the Internet. Not everything posted on the Internet is public domain. Saving any document is already a copyrighted work. Once it is inputted into a computer media, it is automatically copyright protected.
The Saving Grace:Implied and Express licenses Implied license -author posts something on the Internet and expects it to be read, downloaded, printed out, forwarded, or used for another work. Express licenses -spell out in detail what rights the author of a work wants readers, viewers, or listeners to have -author may attach a Creative Commons license to the materials he or she posts on the website to give an express license
Liability for posting infringing works Individuals and institutions can be -liable for their own actions -fined up to $150,000
What about the role of “Fair Use”? -applies to the online environment -protects you from lawsuits -requires you be informed of stipulations
How to know if you need permission to use a copyrighted work?
Is the work protected?
If a work is -not original or lacks originality -compiled work (like the phone book) -in a public domain, available free of restrictions -A US Government work -facts You may use it without asking permission!
Electronically distributing or publishing copies
Publically performing a work (music, poetry, video,…)
Publically displaying an image on a computer screen
Is my use exempt or excused form liability for infringement?
If no exemption is present, you NEED permission!!
The four factor fair use test: This questions will help you to decide if your use of a work is covered under fair use or you need to get permission from the author. 1. What is the character of the use? 2. What effect would this use have on the marker for the original or for permissions if the use were widespread? 3. What is the nature of the work to be used? 4. How much of the work will be used?
What effect would this use have on the marker for the original or for permissions if the use were widespread?
What about the Teach Act? became law in late 2002 copyright law that provides educators with a separate set of rights in addition to fair use (to use in the classroom) written in Section 110(1) of the Copyright Act and apply to any work
Teach Act Conditions Must be used under instructor’s supervision related to teaching content for the students copyright policies must be provided prevent recipients from retaining the works outside of the classroom Section 112 (f ) and Sections 110 allows copies be made
In Conclusion Let’s ensure we protect ourselves from lawsuits for infringement. Copyright laws are in place to protect the author and user of works. By staying informed we can all continue to learn and be successful without breaking the law!! Let’s set the example for our students.
“Intellectuals solve problems , geniuses prevent them.” -Albert Einstein
References http://copyright.lib.utexas.edu/copypol2.html http://copyright.lib.utexas.edu/teacheract.thml http://copyright.lib.utexas.edu/useofweb.html http://copyright.lib.utexas.edu/pdandorphan.html http://copyright.lib.utexas.edu/permissn.html http://thinkexist.com/quotes/like/try_not_to_become_a_man_of_success-but_rather_try/6989/ Albert Einstein quotes (German born AmericanPhysicist who developed the special and general theories of relativity. Nobel Prize for Physics in 1921. 1879-1955)