This document summarizes key concepts around copyright including: - Works in the public domain are not covered by intellectual property rights, have expired copyrights, or had copyrights forfeited. Mass digitization provides shared services to support research and teaching. - Orphan works are copyrighted works whose owners cannot be contacted. Libraries display orphan works with notices that use is not guaranteed and can be used for any purpose to reduce risks. - Express and implied licenses determine how copyrighted content found online can be used without permission. Posting infringing works can lead to legal consequences. - Fair use allows limited use of copyrighted works without permission based on four factors analyzing the use, work, amount used,

1. Copyrightcrash course “THE RIGHTS TO COPY”

2. The public domain and orphan worksPublic domain: works are in public domain if they are not covered by intellectual property rights at all, expired or forfeitedMass digitization: providing shared services in support of research and teachingOrphan works: a copyrighted work for which the copyright owner cannot be contactedLibraries are taking chances and are reducing the risk to display the work with a notice that advises the public that its appearance on the Web is not a guarantee and it can be used for any purpose.

3. Content on the WEBWhat can we do with materials found in the internet and what are our liabilities for taking away another’s copyright?Copyright protection Express licenses: It is often material made available to the public with attached copyright notice stating the precise ways in which the work may be used without the need to contact the copyright holder. Implied licenses: Exists where all the circumstances suggest that the copyright owner expected the copyright material to be used in the way reflected upon.Liability for posting infringing works: when a copyrighted work is reproduced, distributed, performed or publicly displayed without the permission of the copyright owner can lead to the removal of your post, blog, account termination or even take legal action against you The role of fair use: allows limited use of copyrighted material without acquiring permission from the rights holders

4. Fair use of copyrighted materialFour Fair Use FactorsWhat is the character of the use?What is the nature of the work to be used?How much of the work will you see?If this kind of use were widespread, what effect would it have on the market for the original or for permissions?WHAT DOES YOUR GUT TELL YOU ABOUT HOW THE BALANCE FOR YOUR USE IS TIPPING AFTER CONSIDERATION OF THE FOUR FACTORS?

5. The TEACH ActThe Technology, Education and Copyright Harmonization Act was signed into law by George W. Bush in 2002.The TEACH Act clarifies what uses are permissible and what compliance measures must be implemented with regard to distance education.This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or have the permission of the copyright holder to be lawful.

6. Getting PermissionCheck the CCC (Copyright Clearance Center), other organizations or licensing corporations to explore the information they have provided about the process of getting permission. Determine if permission is needed.Identify the owner.Identify the rights needed.Contact the owner and negotiate whether payment is required.Get your permission agreement in writing.

7. Find the complete “Copyright Crash Course” written for the University of Texas by Georgia K. Harper at:http://copyright.lib.utexas.edu/Power point created by:SARA ALDAPECourse EDTC 6340.64MSTTPA Go! Tech MTTInst. ElizabethCastillo