2. What is copyright?
Definition of COPYRIGHT
the exclusive legal right to reproduce, publish,
sell, or distribute the matter and form of
something (as a literary, musical, or artistic
work)1
4. Public Domain
Definition of PUBLIC DOMAIN: the realm
embracing property rights that belong to the
community at large, are unprotected by
copyright or patent, and are subject to
appropriation by anyone2
5. Public Domain
Digitization3
www.google.com
‘mass digitization projects’
About 4,720,000 results (0.20 seconds) 4
6. Internet Materials
Copyright protection5
is not automatically public domain
is automatically applied
Implied and Expressed Licenses6
on internet, implied use
reasonably expects
7. Fair Use
Definition of FAIR
marked by impartiality and honesty : free from
self-interest, prejudice, or favoritism <a very fair
person to do business with> b (1): conforming
with the established rules7
8. Fair Use
The four fair use factors:8
What is the character of the use?
What is the nature of the work to be used?
How much of the work will you use?
What effect would this use have on the market
for the original or for permissions
if the use were widespread?
9. Fair Use
“Is the use you want to make of another's work
transformative -- that is, does it add value to
and repurpose the work for a new audience --
and is the amount of material you want to use
appropriate to achieve your transformative
purpose?”9
10. Fair Use
Georgia State10
publishers versus university
copying (making copies available) work
11. TEACH Act
Separate rules for educators11
110(1) – traditional classroom, existing
110(2) – online classroom, new
Fair use12
12. TEACH Act
110(2) – online classroom, new
restricted online use of audiovisual
remember fair use
22 item checklist
14. Getting Permission
Contact the owner
several online methods/organizations
confirm authority
get it written down
keep good records
still liable
15. References
1 Copyright. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/copyright
2 Public domain. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/public
domain
3 The public domain and orphan works. (2012). Retrieved September 1, 2012, from
http://copyright.lib.utexas.edu/pdandorphan.html
4 mass digitization projects. (2012). Retrieved September 2, 2012, from www.google.com
5 Using materials from the Internet. (2012). Retrieved September 1, 2012, from
http://copyright.lib.utexas.edu/useofweb.html
6 Building on others creative expression. (2012). Retrieved September 1, 2012, from
http://copyright.lib.utexas.edu/useofweb.html
7 Fair. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/fair
8 Fair use frequently asked questions. (2012). Retrieved September 1, 2012, from
http://www.teachingcopyright.org/handout/fair-use-faq
9 Using the four factor fair use test. (2012). Retrieved September 1, 2012, from
http://copyright.lib.utexas.edu/copypol2.html#test
10 Georgia State Electronic Course Materials Case Executive Summary. (2012). Retrieved September 1, 2012, from
http://copyright.lib.utexas.edu/GSUcommentary.html
11 The Teacher Act. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/teachact.html
12 Challenges: Fair Use Available. (2012). Retrieved September 1, 2012, from
http://www.provost.ncsu.edu/copyright/toolkit/challenges.php
Editor's Notes
Publishers sued university for copying too much and handing it out via internet courses instead of having material purchased.
