The document discusses several topics related to copyright, including mass digitization of works, orphan works, copyright terms, implied and express licenses, fair use, and the TEACH Act. It notes that large institutions are digitizing collections but orphan works without identifiable owners cannot be widely distributed. Fair use allows some use of copyrighted works without permission if the use is transformative, a small portion is used, and it doesn't negatively impact the market. The TEACH Act also provides some rights for educational use of copyrighted works in distance learning. The document provides information on identifying copyright holders to obtain permission when necessary.

1. Copyright Crash Course
Building on each others’ creative
expressions.
Vincent Briseno-EDTC 6340

2. The public domain and orphan
works
 Mass Digitization
 Libraries,museums and archives are creating
large catalogs of digitized material for public
access.

3. The public domain and orphan
works (contd.)
 Digital Millennium Copyright Act & Sonny
Bono Copyright Term Extension Act
 Fearing the effects of the impending digital
age on copyright owners, congress passed to
pieces of legislation to ensure continued
copyright protection.

4. The public domain and orphan
works (contd.)
 Orphan Works
 The inability to identify the owners of many
published works paired with the stiff penalties
for copyright infringement will keep many
orphaned works out of the digital realm.

5. Content on the web
 Copyright protection
Protection is granted to any expression
committed to a tangible expression.
 Implied licenses
Material posted on the internet grants a limited
license to read, download, print or use the work
as the foundation for future works to some
degree.

6. Content on the web (contd.)
 Express licenses
 To combat the vagueness of implied licenses,
an author can attach a Creative Common
(CC) license. The CC license works
alongside existing copyright laws and allows
the author to modify the copyright terms.

7. Fair use
 Fair Use Statements
 Is the use you want to make of another’s work
transformative?
 Is the amount of material you want to use
appropriate?

8. Fair use (contd.)
 Unprotected works
 Works in public domain
 U.S. govt. works
 Facts
 Unoriginal works
 Ideas described in copyrighted works

9. Fair use (contd.)
 Library-licensed works
 Locallibraries may have licensed rights to
sought after copyrighted material.
 Creative Commons
 CC licensed works can provide users with the
rights needed to legally use copyrighted
material.

10. Fair use (contd.)
 Four factor fair use test
 What is the character of the use?
The more transformative the purpose of the
use, the more likely fair use comes into play.
As the use becomes less transformative,
permission must be sought after.

11. Fair use (contd.)
 What is the nature of the work to be used?
 Published and factual works tend to fall under
fair use while those unpublished, creative
works require permission from the author(s).

12. Fair use (contd.)
 How much of the work will you use?
 Ifmore than the small amount needed for a
transformative purpose is going to be used,
then permission for use must be acquired.

13. Fair use (contd.)
 If this kind of use were widespread, what
effect would it have on the market for the
original or for permissions?
 Ifthe use of a work is not transformative, the
effect on royalties to the author(s) can be a
determining factor on the permission needed.

14. The Teach Act
 The Teach Act is legislation that attempts
to address the issues of teacher rights, in
addition to fair use, with respect to
distance learning.

15. Getting permission
 Find a source
 Ifpermission is need to use a work or works,
there are countless online sources made
available by local and international
organizations to identify the owner or owners
of copyrighted material.

16. The end.
The following link was used in completing this presentation.
http://copyright.lib.utexas.edu/permissn.html