This document provides an overview of copyright basics including protecting works, ownership, permissions, the TEACH Act, and fair use. It discusses that works are protected automatically when fixed in a tangible medium and that registration provides additional protections. Ownership depends on whether a work is individual, collaborative, or work-for-hire. The TEACH Act allows certain uses of copyrighted works for distance learning if conditions are met. Fair use is determined based on four factors but is not clearly defined.

1. Living with CopyrightBy: Albert Rodriguez

2. The Basics Protecting the work

3. Who owns it

4. Getting permission

5. The TEACH Act

6. Fair useProtecting The WorkThe author is usually the owner.

7. Identify all potential authors of work.

8. Contributors to the work.

9. Joint works.

10. Conveying away any rights.

11. Orphan works.

12. Protecting work.Protecting The Work It’s easy: From putting the brush on canvas, pencil to paper, or hitting save on your computer, works are protected when they are put into a tangible medium of protection, or; Register work at the Copyright Office, or;http://copyright registery-gov-form.com/

13. Who Owns ItIndividual workAuthor is usually the owner.

14. Collaborated work.

15. Use of another’s work beyond bound of fair use.Collaborative work Work for hire

16. Commissioning workstatutory categoriesEmployer owned

17. Author-ownerGetting Permission The ownership drill:

18. Identify and contact owners

19. Do they own work or is it work-for-hire.

20. Has rights been conveyed away, and to whom. Orphan works.

21. Orphan WorksMajority of materials in our archives and libraries is under this category.Partnering with culture institutions to increase pace of digitized collections for the public.

22. The TEACH Act Became law in 2002 Prior to; law for face-to-face teaching in [Section 110(1)] was generous. Since then; due to distance learning, shrank.Example: Audiovisual pertaining to curriculum, in distance learning, downed to showing only clips. What Act calls – “ reasonable and limited portions.” The TEACH Act Applies to accredited nonprofit educational institutions. Conditions: Mediated instruction activity At the direction of , or under instructor Directly related material assistance to the teaching content. Technology: limited to students enrolled in the class.

23. The TEACH Act Handy checklist to see if ready to use the TEACH Act:http//copyright.lib.utexas.edu/teachact.html#actsummary

24. Fair UseNot “clear-cut.”

25. Undergoing exciting changes.

26. Library special rights.

27. Educational performances and displays.Fair Use The four fair use factors:What is the character of the use?What is the nature of the work to be used? How much of the work will you use?What effect would this use have on the market for the original or for permissions if the use were widespread?

28. Fair Use Protected work.

29. Campus licensed rights

30. Implied license for web work

31. Creative Commons License to use in your own way

32. Exercise one of owners exclusive rights

33. Use exempt or excused from liability or infringement.Living with CopyrightThe End