This document discusses intellectual property and copyright issues related to using others' creative works. It notes that while some assume content online is public domain, copyright exists as soon as original creative work is fixed in a tangible form. The document then discusses intellectual property, infringement, public domain, fair use, the TEACH Act, getting permission, and references on the topic. It provides guidance on determining what constitutes fair use and obtaining permissions when using others' copyrighted works.

1. “Building on others’ Creative Expression”
By Felipe O. Reyes
EDTC 6340, Fall 2012

2. *
*Today’s Environment
*Intellectual Property
*Infringement
*Public Domain
*Fair Use
*The TEACH ACT
*Getting Permission
*References
EDTC 6340, Fall 2012

3. *
*People assume that everything posted on the
Internet is public domain
*However, putting the
fingers to the save key
creates a copyrighted
work
EDTC 6340, Fall 2012 (Harper, 2007)

4. *
*Technology Neutral
*Digital Copying and Distribution
*Legal "obstacles” seem inconvenient
and archaic
EDTC 6340, Fall 2012 (Wasoff, 2011)

5. *
*Creations of the mind for which
exclusive rights are recognized in
law
EDTC 6340, Fall 2012 (Wikipedia)

6. *
*Reproduced, distributed,
performed, publicly displayed, or
made into a derivative work
without the permission of the
copyright owner
EDTC 6340, Fall 2012 (http://www.copyright.gov/help/faq/faq-definitions.html)

7. *
*Creative work that is not protected
by copyright and which may be
freely used by everyone
EDTC 6340, Fall 2012 Gasaway, 2003)

8. *
*Is the use you want to make of
another's work transformative?
*Is the amount of material you want
to use appropriate to achieve your
transformative purpose?
EDTC 6340, Fall 2012 (Harper, 2007)

9. *
*Where “re-purpose” is not the intent:
* Does copyright owner makes licenses to
use his/her work available on the open
market?
*Is an efficient and effective way to get a
license that lets us do what we want to do?
* If not, it is considered fair use
EDTC 6340, Fall 2012 (Harper, 2007)

10. *
*Educator may show or perform any work
related to the curriculum, regardless of the
medium, face-to-face in the classroom - still
images, music of every kind, even movies.
*There are no limits and no permission
required
(Harper, 2007
EDTC 6340, Fall 2012

11. *
*If the work is part of a book or a
journal article, check the Copyright
Clearance Center (CCC)
*If you know who the author and the
publisher are, you can contact them
directly
EDTC 6340, Fall 2012 (Harper, 2007)

12. *
* Harper, G. K., The Copyright Crash Course, 2007, retrieved from
http://copyright.lib.utexas.edu/index.html#build
* Gasaway, L., WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN,
University of North Carolina, 2003, retrieved from
http://www.unc.edu/~unclng/public-d.htm
* Wasoff, L. F., Symposium: Collective Management of Copyright:
Solution or Sacrifice?: If Mass Digitization Is the Problem, Is
Legislation the Solution? Some Practical Considerations Related to
Copyright, Summer, 2011, Columbia Journal of Law & the Arts, 34
Colum. J.L. & Arts 731, Abstract retrieved from
http://www.nclis.gov/digitalization/MassDigitalizationSymposium-
Report.pdf
EDTC 6340, Fall 2012