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Copyrights & Creative Commons: Fair Use, Public Domain, Orphan Works
- 2. Public domain & orphan works
- 4. Orphan works
- 13. Four factor Fair use Analysis
- 19. TEACH Act
Editor's Notes
- Public domain works- can be shared with the public Orphan works- are protected but copyright owners are unknown, unable to be located, or unresponsive
- Overprotection is just as destructive as the under protection of copyrights
- Before digitizing or displaying a work, search for an owner Not finding one helps reduce the risk of infringement
- Everything in the internet is public domain. (Actually, copyright is automatic and the internet is considered a tangible medium. Therefore copyright laws apply.) If it is not published, it is not copyrighted. (Actually postings of all kinds are protected just as published works.)
- Implied license Internet posts are expected to be used as basis for other works Commercial use is not part of the implied license
- Express license Spells out the rights that the author wants you to have Can be assigned by attaching a Creative Commons license (flow of creativity)
- RIAA lawsuits for peer-to-peer file sharing ( Recording Industry Association of America ) Individual liability for copying or distributing others’ copyrighted work without permission
- The role of fair use is to balance author’s right to reasonable compensation In the past, fair uses included: Educational Research Scholarly uses
- The role of fair use is to balance author’s right to reasonable compensation In the past, fair uses included: Educational Research Scholarly uses
- The role of fair use Today Reasonably-priced collective licensing (find out if your campus has a license for intended use) Easy to obtain needed rights (search Creative Commons) Rights for nonprofit educators are not clear cut (main issues involve commercial entities)
- Four Factor Fair Use Analysis What is the character of use? ( Educational, criticism, or commercial) What is the nature of the work to be used? ( Published or unpublished) How much of the work will you use? (keep it to a minimum) What effect would this use have on the market for the original if this kind of use were widespread? ( Password protection, transformative use not just copying it, or it takes away from sales of the original)
- Four Factor Fair Use Analysis Make a judgment: Does the balance tip in favor of use or getting permission?
- CC licensed works site can be used to find out what expressed rights you have from the author http://creativecommons.org/ Makes educational use easier
- Educators have the implied license for reasonable academic use of works freely available online
- Course packs Limit use to single articles/chapters Include copyright notice & citations (Section 108 (f) (1) Making copies may be subject to Copyright Law…) Limit access to students Obtain alternative authority for materials used repeatedly
- Educators have a separate set of rights in addition to Fair Use TEACH Act applies to any work Allows educators to: Digitize clips of a work using analog tape (do not rip a DVD, which is not allowed by Fair Use Copyright Law) Show/perform any work related to the curriculum face-to-face Show clips of audiovisuals for distance education Section 110 (2) Expanded Rights allow educators to: Performances of non-dramatic literary /musical work (music, short story, poetry) Reasonable, limited portions of other performances (videos) Displays of any work in amounts comparable to typical face-to-face displays (still images) Exclusions Not for material to be used by the student outside of class on their own time
- Exclusions For accredited nonprofit educational institutions only Not for works that are not lawfully made Not for materials like textbooks or course packs (typically purchased individually)
- Is this work protected? If protected, does the campus have licensed rights to use the work? Is the work available freely on the internet (implied license)? Has the owner used Creative Commons license to give you rights to use it? 5)If you don’t have rights, do you want to exercise owner exclusive rights? (copy, derivative use, distribute, publicly display a work, perform) 6)Is the use exempt from liability infringement? (fair use, library, educational performance/display)
- If you know the owner, you can contact them directly by phone or email. Comfirm authority to grant permission. Obtain permission in writing that clearly describes the scope of what you are allowed to do http://copyright.lib.utexas.edu/permissn.html Copyright in the library: Section 108- did not address multiple copies for classroom use Section 107 – allows multiple copies for classroom use (fair use); ownership is not addressed; Fair Use- make copies for non profit educational use, factual material (journal articles,texts), all work can be copied, court would be more inclined to rule “fair use” if the publisher’s lost revenues are single time rather than semester after semester, year after year Creative works copies – not clear cut how court will decide on this issue ISP Liability- When providing access to electronic copies, DMCA Digital Millennium Copyright Act intended to protect Internet service providers by providing liability limitations for infringed works, linking to infringed works, or not having to pay large sums of money, just get the infringed work off the internet as soon as possible, but it involves a lot of work and skills to comply Mass Digitization- libraries have the right to archive unpublished materials for preservation or security and to archive published materials that need to be replaced due to damage or loss, or when the format is obsolete a reasonable effort was made to locate a device or unused replacement at a fair price. Electronic storage is limited to in-library use and 3 digital copies are allowed for archival purposes; Licensed works may be distributed with certain provisions
- PubMed Central – NIH mandates that grant recipients publicly post NIH supported research results Databases – Library has access to a myriad of journals in their databases for students Library Collections – digitization projects allow for access to works saved as pdf. Files Creative Commons has links to science and education articles