Copyright Basics for Educators

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  • Orphan works [If the copyright owner is later found then that person can enforce their rights in the Copyright Act. The Copyright Act has so much power that most nonprofits stay away from orphan works.]
  • Once an idea has been placed on a tangible medium it has automatic copyright protection.Once an idea has been placed on a tangible medium it has automatic copyright protection.
  • Implied License - when an author posts anything on the Internet they must reasonably expect for their work to be read, downloaded, printed out, forwarded, and even used as the basis for other works.Express License – the copyright owner spells out in detail the rights an author wants readers, viewers, or listeners to have.
  • Fair use is so hard to understand that it fails to provide effective guidance for the use of others’ work today.
  • Copyright does not protect works that lack originality, works in the public domain, freeware, or U.S. govt. works.Any work published before Dec. 31, 1922 is now in public domain. --Works published between Jan. 1, 1923 – Dec. 31, 1978 are protected for 95 years with proper notice. If published between 1923 – 1963 the original term of protections (28 yrs) has expired unless renewed.
  • Owner’s rights – electronically distribute
  • Items in the middle add weight to a fair use claim. Especially when items in the left are used.
  • Copyright Basics for Educators

    1. 1. CopyrightFactsforeducators<br />
    2. 2. Public Domain & Orphan Works<br /><ul><li>Public Domain – a work that is free to the public because it has no copyright.
    3. 3. Orphan Works – the copyright owner is unidentifiable</li></li></ul><li>Copyright Act<br /><ul><li>Nonprofit organizations will not digitize orphan works because copyright owners have convinced legislators to lock up their works.
    4. 4. Overprotection of the work is just as destructive as under protection</li></li></ul><li>Using Materials from the Internet<br />
    5. 5. Copyright Infringement<br /><ul><li>A common assumption that is wrong
    6. 6. Everything on the Internet is part of the public domain.</li></ul>WRONG<br />
    7. 7. Saving Graces<br />Licenses<br /><ul><li>Implied License
    8. 8. Express License</li></li></ul><li>Fair Use of Copyrighted Materials<br />
    9. 9. What is Fair Use?<br /><ul><li>According to the Merriam-Webster Dictionary “Fair use is when sections of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner.” </li></li></ul><li>Liability<br /><ul><li>Liability for Infringement
    10. 10. A court can award up to $150,00 for each separate act of “willful infringement.”
    11. 11. “Willful infringement” is when you know you were infringing on someone’s work. Ignorance of the law is no excuse.</li></li></ul><li>Do you need permission to use a copyrighted work?<br /><ul><li>Answer these 3 questions.</li></ul>Is the work protected?<br />If the work is protected, has your campus already licensed right for you to use the work?<br />Is the work available freely on the Internet, so it is covered by an implied license?<br />
    12. 12. If the work is covered by an implied license --<br /><ul><li>Has the owner of the work used a Creative Commons license to give the public the right to use the work in the way that you would like to use it?
    13. 13. If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights?
    14. 14. Is your use exempt or excused from liability for infringement?</li></li></ul><li>The 4 “Fair Use” factors.<br />What is the character of the use?<br />What is the nature of the work to be used?<br />How much of the work will you use?<br />What effect would this use have on the market for the original or for permissions if the use were widespread.<br />
    15. 15. Factor 1: What is the character of the use?<br />
    16. 16. Factor 2: What is the nature of the work to be used?<br />
    17. 17. Factor 3: How much of the work will you use?<br />
    18. 18. Factor 4If this kind of use were widespread, what effect would it have on the market for the original or for permissions?<br />
    19. 19. Factor 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions?<br />
    20. 20. The TEACH Act<br /><ul><li>Became law in 2002.
    21. 21. The TEACH Act covers works a teacher would show or play during class.
    22. 22. It does not cover materials a teacher wants students to read, study, listen to, or watch on their own time out of the classroom.</li></li></ul><li>Getting Permission<br /><ul><li>Visithttp://copyright.lib.utexas.edu/permissn.htmlfor a list of organizations that you can contact in obtaining permission.
    23. 23. This website will also provide information on how to properly obtain permission from a copyright owner.</li></li></ul><li>Resources<br />Harper, Georgia K. Copyright Crash Course University of Texas<br />Merriam-Webster Dictionary retrieved from http://www.merriam-webster.com/dictionary/fair%20use<br />

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