The document discusses copyright and fair use as they relate to educational use of works. It notes that orphan works lack identifiable owners and implied licenses may provide some rights to use works. Fair use is described as ambiguous and penalties for infringement can be severe. The document provides questions to consider regarding permission and outlines the four fair use factors. Educators have additional rights beyond fair use to display and perform works in the classroom. Permission is usually required by contacting the copyright owner.

1. Presented by: Santos Alvarado

2. Developing better tools to identify those works that actually are in the public domain. Orphan works lack sufficient information to identify their owners.

3. “ Implied licenses give you rights to, uh, well, uh, that's the problem with implied licenses, they're not real clear -- but they're there and within reason you can and should rely on them”

5. Liability for posting infringing works RIAA lawsuits against individuals for peer-to-peer file-sharing, individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission.

6. Fair use is better described as a shadowy territory whose boundaries are disputed. Penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement.

7. Answer these three questions to decide whether you need permission to use a copyrighted work. Is the work protected? If the work is protected, has your campus already licensed rights for you to use the work? Is the work available freely on the open Web, and therefor covered by an implied license?

8. The four fair use factors: 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. May use a wider range of works in distance learning environments. Distance learning sessions. Storing, copying and digitizing materials. Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others’ works in the classroom.

10. To get permission to use copyrighted work you usually have to contact the owner of the work, (person, company, group) through email, phone call or written permission . For more information http ://copyright.lib.utexas.edu/permissn.html

11. Reference The Copyright Crash Course © 2001, 2007 Georgia K. Harper