What is Copyright?<br />Copyrights protect an author’s published works.<br /> -teacher resources<br /> -literary texts<br /> -plays<br /> -movies<br />
Public Domain vs. Orphan Works<br />Public domain<br />-any public institution’s blog<br />-sharing site used to post comments/discoveries/suggestion<br />-free to be published<br />Orphan work <br />-no owner<br />-remains outside of the digital environment<br />
Why not use an orphan work?<br />If someone claims ownership, he or she may enforce his or her right through the Copyright Act.<br />Never assume a work is so old that it would be acceptable to use it.<br />Look for its owner to avoid punishment.<br />
What if there is no owner?<br />Ensure that there is no owner to reduce risk of punishment.<br />**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.<br />**This enables orphan works to be viewed by the public.<br />
What about using material from the internet?<br />Copyright laws govern the use of material you might find on the Internet.<br />Not everything posted on the Internet is public domain.<br />Saving any document is already a copyrighted work. Once it is inputted into a computer media, it is automatically copyright protected.<br />
The Saving Grace:Implied and Express licenses<br />Implied license<br />-author posts something on the Internet and expects it to be read, downloaded, printed out, forwarded, or used for another work.<br />Express licenses <br />-spell out in detail what rights the author of a work wants readers, viewers, or listeners to have<br />-author may attach a Creative Commons license to the materials he or she posts on the website to give an express license<br />
Liability for posting infringing works<br />Individuals and institutions can be <br />-liable for their own actions<br />-fined up to $150,000<br />
What about the role of “Fair Use”?<br />-applies to the online environment<br />-protects you from lawsuits<br />-requires you be informed of stipulations<br />
How to know if you need permission to use a copyrighted work?<br /><ul><li>Is the work protected?</li></ul>If a work is <br />-not original or lacks originality<br />-compiled work (like the phone book)<br />-in a public domain, available free of restrictions<br />-A US Government work<br />-facts<br />You may use it without asking permission!<br />
Ask yourself…<br /><ul><li>Does my campus already have licensed rights to use the work?</li></ul>Some works are never protected at all!!<br />
Ask yourself…<br /><ul><li>Has the owner of the work used a Creative Commons license which gives the public the right to use the work in the way that you would like to use it?
Do I want to exercise one of the owner’s exclusive rights if I don’t have express or implied rights by…?
Electronically distributing or publishing copies
Publically performing a work (music, poetry, video,…)
Publically displaying an image on a computer screen</li></li></ul><li>Ask yourself…<br /><ul><li>Is my use exempt or excused form liability for infringement?
If no exemption is present, you NEED permission!!</li></li></ul><li>The four factor fair use test:<br />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.<br />1. What is the character of the use?<br />2. What effect would this use have on the marker for the original or for permissions if the use were widespread?<br />3. What is the nature of the work to be used?<br />4. How much of the work will be used?<br />
What effect would this use have on the marker for the original or for permissions if the use were widespread?<br />
What about the Teach Act?<br />became law in late 2002<br />copyright law that provides educators with a separate set of rights in addition to fair use (to use in the classroom)<br />written in Section 110(1) of the Copyright Act and apply to any work<br />
Teach Act Conditions<br />Must be used under instructor’s supervision<br />related to teaching content<br />for the students<br />copyright policies must be provided<br />prevent recipients from retaining the works outside of the classroom<br />Section 112 (f ) and Sections 110 allows copies be made<br />
In Conclusion<br />Let’s ensure we protect ourselves from lawsuits for infringement.<br />Copyright laws are in place to protect the author and user of works.<br />By staying informed we can all continue to learn and be successful without breaking the law!!<br />Let’s set the example for our students.<br />