Copyright Laws

Be informed!

By: Ruth GarzaEDTC 6340.65 ©

What is Copyright?

Copyrights protect an author’s published works.

-teacher resources

-literary texts

-plays

-movies

Public Domain vs. Orphan Works

Public domain-any public institution’s blog-sharing site used to post

comments/discoveries/suggestion-free to be published

Orphan work -no owner-remains outside of the digital environment

Why not use an orphan work?

If someone claims ownership, he or she may enforce his or her right through the Copyright Act.

Never assume a work is so old that it would be acceptable to use it.

Look for its owner to avoid punishment.

What if there is no owner?

Ensure that there is no owner to reduce risk of punishment.

**You may then display the work adding a special note advising the public that it is not a guarantee that the work may be used for any purpose.

**This enables orphan works to be viewed by the public.

What about using material from the internet?

Copyright laws govern the use of material you might find on the Internet.

Not everything posted on the Internet is public domain.

Saving any document is already a copyrighted work. Once it is inputted into a computer media, it is automatically copyright protected.

The Saving Grace:Implied and Express licenses

Implied license-author posts something on the Internet and

expects it to be read, downloaded, printed out, forwarded, or used for another work.

Express licenses -spell out in detail what rights the author of a

work wants readers, viewers, or listeners to have

-author may attach a Creative Commons license to the materials he or she posts on the website to give an express license

Liability for posting infringing works

Individuals and institutions can be

-liable for their own actions

-fined up to $150,000

What about the role of “Fair Use”?

-applies to the online environment

-protects you from lawsuits

-requires you be informed of stipulations

How to know if you need permission to use a copyrighted work?

Is the work protected?

If a work is

-not original or lacks originality-compiled work (like the phone book)-in a public domain, available free of

restrictions-A US Government work-facts

You may use it without asking permission!

Ask yourself…Does my campus already have licensed rights to

use the work?

Some works are never protected at all!!

Ask yourself…Has the owner of the work used a Creative Commons

license which gives the public the right to use the work in the way that you would like to use it?

Do I want to exercise one of the owner’s exclusive rights if I don’t have express or implied rights by…?

Making a copy (reproduce) Using a work for another work Electronically distributing or publishing copies Publically performing a work (music, poetry, video,

…) Publically displaying an image on a computer

screen

Ask yourself…Is my use exempt or excused form liability for

infringement?

If no exemption is present, you NEED permission!!

The four factor fair use test:

This questions will help you to decide if your use of a work is covered under fair use or you need to get permission from the author.

1. What is the character of the use?

2. What effect would this use have on the marker for the original or for permissions if the use were widespread?

3. What is the nature of the work to be used?

4. How much of the work will be used?

What is the character of the use?

Fair Use Cancels out Seek Permission

Nonprofit Criticism commercial

Educational Commentary

personal News reporting

ParodyTransformative use

What is the nature of the work to be used?

Fair Use Cancels out Seek Permission

Fact A mixture of fact and imaginative

imaginative

Published unpublished

How much of the work will be used?

Fair Use Cancels Out Seek Permission

Small amount More than a small amount

What effect would this use have on the marker for the original or for permissions if the use were widespread?

Fair Use Cancels Out Seek Permission

•Password protection; Technological protection; limit time use

•Proposed use is not duplicative

•Competes with the original

•Original is not available

•Avoids payment for permission (royalties) in an established permissions market

•Copyright owner is unidentifiable

•No ready market for permission

What about the Teach Act?became law in late 2002

copyright law that provides educators with a separate set of rights in addition to fair use (to use in the classroom)

written in Section 110(1) of the Copyright Act and apply to any work

Teach Act ConditionsMust be used under instructor’s supervision

related to teaching content

for the students

copyright policies must be provided

prevent recipients from retaining the works outside of the classroom

Section 112 (f ) and Sections 110 allows copies be made

In Conclusion

Let’s ensure we protect ourselves from lawsuits for infringement.

Copyright laws are in place to protect the author and user of works.

By staying informed we can all continue to learn and be successful without breaking the law!!

Let’s set the example for our students.

References

http://copyright.lib.utexas.edu/copypol2.htmlhttp://copyright.lib.utexas.edu/teacheract.th

mlhttp://copyright.lib.utexas.edu/useofweb.htmlhttp://copyright.lib.utexas.edu/pdandorphan.

htmlhttp://copyright.lib.utexas.edu/permissn.html