This document provides an introduction to copyright and fair use for elementary school teachers. It discusses the balance between allowing access to copyrighted works through initiatives like digitizing libraries while still protecting copyright holders' rights. It outlines tools being developed to identify public domain works and institutions beginning to use "orphan works" when ownership is unknown. The document emphasizes that copyright also covers internet content and explores the roles of implied licenses and Creative Commons. It defines fair use and provides examples of specific exemptions for educational and library uses. The TEACH Act is discussed as additional rights for classroom displays and performances. Obtaining permission is recommended if fair use does not apply.

1. Copyright ©An introduction to Elementary Teachers presented by Conrado Gonzalez

2. IntroductionCopyright and users’ rights. Hard to define.

3. Corporations and libraries partnering to digitalized thousands of works for the public.

4. But, copyright laws keep many of these works unavailable to the public at large.

5. A balance that is admittedly dynamic must be reached between these two opposite sides of the issue.Balance?http://www.flickr.com/photos/thelastminute/3415357174/ by Duncan Rawlinson

6. What is being done?First better tools and methods are being developed to accurately identify those works that are public domain.

7. Second, though risky, institutions are beginning to take a chance in using orphan works.Is this copyright infringement? http://www.flickr.com/photos/prathambooks/3258065644/sizes/o/in/photostream/

8. Material from the InternetCopyright law covers material you find on the internet. To many this is outdated but it takes time to modify the law.

9. These works may not even have any notice of copyright and still be protected because the law has changed.Yet…By putting something on the internet there is the knowledge that this material will used and shared somehow.

10. This is an implied limited license.

11. Also some may choose to provide express licenses by including a Creative Commons license in their works.The role of fair useFair use played an important part in the analog world but its role in its digital counterpart is ambiguous.

12. Yet with the addition of implied and express licenses, we as educator can have a broader set of protections for our use in the educational field.what does this mean to me?http://www.flickr.com/photos/cayce/100044359/sizes/o/in/photostream/

13. First let’s define Fair UseFair use is so hard to define.

14. But there is hope in great part for the organized efforts yielding for instance Fair Use Best Practices statement and the availability of material with Creative Commons licenses.

15. Yet we must never lose sight of harsh penalties for infringement.Don’t end up hereA court can award up to $150,000 for each separate act of willful infringement. You will be also liable if you unknowingly broke the law, but the amount will change.

16. But there is what is called the good faith fair use defense where it states that you acted in belief that you were following the fair use policy.Do I need permission then?Ask yourself: Is the work protected? The following are not protected.Works that lack originality

17. Works in the public domain

18. Freeware

19. US Government works

20. Facts

21. Ideas, processes, methods, and systems described in copyrighted works. If the work is protected, has your educational institution already licensed rights for me to use.Is the work available freely online, and thus I am covered by an implied license?Is the work under Creative Commons?Permission?

22. Permission still?If you don’t have express or implied right do I want to exercise one of the owner’s exclusive rights?Make a copy

23. Use a work as the basis for a new work