Mass digitization of library collections is revealing works in the public domain and orphan works whose copyright owners cannot be found. This puts pressure on copyright law to adapt to new digital possibilities. The University of Texas Public Domain Project identifies works that are public domain and develops best practices for searching for orphan work owners. While some assume everything online is public domain, copyright actually still applies unless a work explicitly gives permission. Authors implicitly license limited use by posting works, and individuals can be liable for distributing copyrighted works without permission. Fair use allows for limited use of copyrighted works for purposes like education or commentary.

1. CopyrightCopyright Crash Course written for the University of Texas by Georgia K. HarperBuilding on other’s creative expressions!

2. The public domain and orphan workscopyright law and policy at Mass Digitization ~ changing copyright law and policyAccording to HarperMass digitization of library collections is revealing a treasure trove of heretofore obscured works, works in the public domain that can be shared broadly with the public, and orphan works, those still protected, but whose copyright owners are unknown, unable to be located, or unresponsive. The potential these works hold puts pressure on copyright law and policy to adapt more quickly to new possibilities in a digital networked environment.The University of Texas at Austin Libraries Public Domain Project is doing something good about it.

3. They blog about their discoveries, they post their processes for others to build upon, and they share their results though our library catalog records and by publishing as much as they can.Harper says…“First, we are developing better tools to identify those works that actually are in the public domain.”

4. “Second, we are working with other libraries to begin developing best practices to define reasonable searches for copyright owners of different types of works.”Using materials from the InternetImplied 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 themSome common assumptions are wrong Copyright protectionMany people assume that everything posted on the Internet is public domain, probably because our law used to protect published works only if they displayed the proper copyright notice upon publication. The law, however, has changed: neither publication nor a notice of any kind is required to protect works today. The saving grace: implied and express licenses to use Internet materialsWhenever an author posts anything on the Internet, he or she should reasonably expect that it will be read, downloaded, printed out, forwarded, and even used as the basis for other works to some degree. So, just by posting, an author impliedly grants a limited license to use her work in this manner.Liability for posting infringing worksThe proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission. The role of fair useFair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies. It balances authors' rights to reasonable compensation with the public's rights to the ideas contained in copyrighted works.

5. fair usecopyright's safety valve, when it's working properly ... when should you rely on it; what does it coverAnswer these three questions to decide whether you need permission to use a copyrighted work.1. Is the work protected?

6. 2. If the work is protected, has your campus already licensed rights for you to use the work?

7. 3. Is the work available freely on the open Web, and therefor covered by an implied license?Specific, narrowly tailored exemptionsLibrary's special rights

8. Performances and displays in face-to-face teaching and distance education

9. Coursepacks, reserves, course management systems and other platforms for distributing course content

10. Digitizing and using images and audiovisual resources for educational purposes

11. Digitizing and using other's works creatively

12. Research copiesNeed more information? The Copyright Crash Course contains detailed materials on fair use and many other copyright issues. http://copyright.lib.utexas.edu/index.html