The public domain and orphan works are not static concepts. There is a need for better tools to identify works that are truly in the public domain and develop best practices for reasonable copyright searches. Orphan works often lack ownership information, making it impossible to identify when they may enter the public domain. The document provides guidance on fair use and the TEACH Act, which allows certain uses of copyrighted works for education. It outlines the four factor fair use test and notes the TEACH Act authorizes digitizing works for distance education if they are available in a non-digital format without technological protection. The summary concludes with instructions on getting permission, including contacting collective rights organizations, being aware of needed permissions for different work types

1. Crash Course

2. The public domain and orphan worksbalance between the two is not staticPublic domainbetter tools to identify those works that actually are in the public domain (Google Book Search library) working with other libraries to begin developing best practices to define reasonable searches for copyright owners of different types of works. Orphan worksoften lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible

3. Using materials from the Web

6. Fair use of copyrighted materialsAnswer these three questions to decide whether you need permission to use a copyrighted work

7. Four Factor Fair Use TestFactor 1: What is the character of the use?Factor 2: What is the nature of the work to be used?Factor 3: How much of the work will you use?Factor 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions?

8. The TEACH Act The TEACH Act became law in late 2002.

9. 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. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. The TEACH Act authorizes us to digitize works for use in digital distance education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.

10. Getting PermissionContact collective rights organizations (CCC) Copyright Clearance Center.Be aware if permission is needed when using image archives, freelance writers, music performance, and play rights., etc.Contact the ownerConfirm authority to grant permissionGetting written permission and define clearly the scope of what you are being permitted to do.