This document provides an overview of copyright law as it relates to educational use of materials. It defines key concepts like public domain, orphan works, and fair use. It notes that while some assume everything online is free to use, copyright still applies. Fair use allows limited use of copyrighted works without permission if the use is fair, reasonable, and does not impair the value or profits of the original. The document outlines the 4 factors considered for fair use and discusses licenses and permission. It provides resources for determining if permission is needed and how to obtain it.

1. CopyrightFactsforeducators

2. Public Domain & Orphan WorksPublic Domain – a work that is free to the public because it has no copyright.

3. Orphan Works – the copyright owner is unidentifiableCopyright ActNonprofit organizations will not digitize orphan works because copyright owners have convinced legislators to lock up their works.

4. Overprotection of the work is just as destructive as under protectionUsing Materials from the Internet

5. Copyright InfringementA common assumption that is wrong

6. Everything on the Internet is part of the public domain.WRONG

7. Saving GracesLicensesImplied License

8. Express LicenseFair Use of Copyrighted Materials

9. What is Fair Use?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.” LiabilityLiability for Infringement

10. A court can award up to $150,00 for each separate act of “willful infringement.”

11. “Willful infringement” is when you know you were infringing on someone’s work. Ignorance of the law is no excuse.Do you need permission to use a copyrighted work?Answer these 3 questions.Is the work protected?If the work is protected, has your campus already licensed right for you to use the work?Is the work available freely on the Internet, so it is covered by an implied license?

12. If the work is covered by an implied license --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. If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights?

14. Is your use exempt or excused from liability for infringement?The 4 “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.

15. Factor 1: What is the character of the use?

16. Factor 2: What is the nature of the work to be used?

17. Factor 3: How much of the work will you use?

18. Factor 4If this kind of use were widespread, what effect would it have on the market for the original or for permissions?

19. Factor 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions?

20. The TEACH ActBecame law in 2002.