Building creative expression


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Building creative expression

  1. 1. Building Creative Expression Richard Wilson 01/2012
  2. 2. What is copyright?• A legal statement enforced by the courts• Goal is to protect intellectual property• Laws governing copyright are complex• Has changed in scope many times this century• Today comprehensively assigned by default• Public distribution of copyright material without permission is illegal
  3. 3. Copyright and Distribution• Default copyright laws quite restrictive• Laws lock up author’s work• Must be modified for commercialization• Archive work for wider distribution• Clarify desired copyright with Creative Commons 3.0
  4. 4. Orphan Works• The original author cannot be found• Legislative policy protects orphan works• Mass digitization is exposing many orphans• Currently recognized that overprotection of a work is culturally limiting• Google, UT others developing tools to help free what is public domain
  5. 5. Using other people’s materials• Postings on the Internet are not public domain• No notice is required to protect a work• Internet publishing implies a limited license but not a commercial license• Implied licenses are vague• For caution, get permission before use
  6. 6. Fair Use: overview• Fair use defines exception to copyright law• Allows limited use of copyright material without owner’s permission• Fair use decided by courts and uses 4 factors – character of use – nature of work to be used – how much of work will be used – effect on original market
  7. 7. Fair use: Rough guidelines onlyFair use Copyright• Fact • Creative• Published • Unpublished• Nonprofit • Commercial use• Educational • Used in full or large part• Personal • Competes with original• Small amount used • Avoids royalty payment• Out of print• Owner unidentifiable
  8. 8. Creative Commons 3.0• Free online tools for self managing copyrights• Give your work the freedoms you want• Can set open access• Retain acknowledgement of ownership
  9. 9. TEACH Act• 2002 law expands scope of educator’s rights• In the classroom, educator can show anything related to curriculum• Materials must be pared down and adhere to section 110(2)for distance learning• Section 110(2) is quite complex
  10. 10. Section 110(2) Expanded Rights• Legal to transmit non-drama performances• Legal to transmit limited portions off all other performances• Legal to transmit still images• Only applies to non-profit accredited educational institutions
  11. 11. Section 110(2) Conditions to rights• Must be a regular part of institutional activity• Must be performed by instructor• Directly related to course content• Provide notice that materials are copyright• Limited to students in class for duration of class only• Authority to make copies but must be retained by institution
  12. 12. ReferencesCreative Commons, (2012). Who uses CC ?. Retrieved of Texas Libraries, (2007). Copyright Crash Course. Retrieved from