This document discusses copyright and fair use guidelines. It defines public domain works as those whose intellectual property rights have expired or are forfeited. It also defines orphan works as those where finding the author is difficult. The document discusses when it is permissible to use copyrighted materials, such as for fair use depending on the character and amount of the work used. It provides helpful websites for determining fair use and guidelines to consider when in doubt about using copyrighted materials.

1. Copyright
Does and don’ts
EDTC-6340
Gustavo Garza
http://arttechlaw.com/dead-guys-on-copyright

2. The Public Domain
http://arttechlaw.com/dead-guys-on-copyright
What is considered public domain ?
Definition:
those whose intellectual property rights have expired,[1] have
been forfeited,[2] or are inapplicable.

3. The Public Domain
(cont.)
http://arttechlaw.com/dead-guys-on-copyright
Hey, I found this great picture online, I
think I’ll use it in my presentation.
? Stop and Think?

4. The Public Domain
(cont.)
http://arttechlaw.com/dead-guys-on-copyright
Implied license -Vs- Expressed license
I don’t see anywhere in the document that says I can not copy it
Can I change the written license?

5. Orphan work
Definition:
Work / research in which finding the author is difficult
- orphan works, are a frustration, a liability risk, and a
major cause of gridlock in the digital marketplace. *
* www.copyright.gov/orphan/

6. Orphan work
(Cont.)
Question:
I have a book that was copy written 30 years ago, can I use it
for my publication?
Answer:
Yes and No

7. Fair use of copyrighted materials
Definition
Fair use, is a limitation and exception to the
exclusive right granted by copyright law to the
author of a creative work. *
* http://en.wikipedia.org/wiki/Fair_use

8. Fair use of copyrighted materials
(cont.)
I’m so confused; so what happens when I need to reference a source
Find help
 http://creativecommons.org/licenses/

http://www.copyright.com/content/cc3/en/toolbar/getPermissio
n.html?WT.srch=1&WT.mc_id=google_copyright_ew&gclid=CO_2
ndaZxrcCFanm7Aodn3oAiQ

9. Fair use of copyrighted materials
(cont.)
South Texas College
Guidelines for the Acceptable Use of Information Resources
isp.southtexascollege.edu/clientservices/helpdesk/pdf/acceptable_use.pdf

10. Fair use of copyrighted materials
(cont.)
When in doubt
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?

11. Fair use of copyrighted materials
(cont.)
Helpful website
-http://copyright.lib.utexas.edu/useofweb.html
-http://www.copyright.com/
-http://www.copyright.gov/fls/fl102.html
-http://en.wikipedia.org/wiki/Fair_use

12. • The Public Domain
• The Public Domain (cont.)
• The Public Domain (cont.)
• Orphan work
• Orphan work (Cont.)
• Fair use of copyrighted materials
• Fair use of copyrighted materials (cont.)
• Fair use of copyrighted materials (cont.)
• Fair use of copyrighted materials (cont.)
• Fair use of copyrighted materials (cont.)
Summary Slide

13. Question and Answer

14. References
• Slides 1--4 Image --- http://arttechlaw.com/dead-guys-on-copyright
• Slide 3 Text --- www.copyright.gov/orphan/
• Slide 3 Image --- http://arttechlaw.com/dead-guys-on-copyright
• Slide 5 Image --- http://www.artslaw.com.au/articles/entry/the-orphan-works-problem/
• Slide 6 Image --- http://www.artslaw.com.au/articles/entry/the-orphan-works-problem/
• Slide 7 Image --- http://www.norman.k12.ok.us/092/Copyright.ppt
• Slide 7 Def --- http://en.wikipedia.org/wiki/Fair_use
• Slide 8 Image --- http://www.norman.k12.ok.us/092/Copyright.ppt
• Slide 9 Image --- http://www.norman.k12.ok.us/092/Copyright.ppt
• Slide 10 Image --- http://www.norman.k12.ok.us/092/Copyright.ppt
Slide 10 Text --- http://copyright.lib.utexas.edu/copypol2.html
• Slide 11 Image --- http://www.norman.k12.ok.us/092/Copyright.ppt
• Slides 12 – 14 Image --- http://arttechlaw.com/dead-guys-on-copyright