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COPYRIGHT ©An introduction to Elementary Teachers
presented by Conrado Gonzalez
Introduction
Copyright and users’ rights. Hard to define.
Corps and libraries partnering to digitalized
thousands of works for the public.
Introduction
But, copyright laws keep many of these works
unavailable.
A balance that is admittedly dynamic must be
reached.
Balance?
http://www.flickr.com/photos/thelastminute/3415357174/ by Duncan Rawlinson
What is being done?
First better methods are being developed to
accurately identify public domain works.
Second, institutions are beginning to take a
chance in using orphan works.
Is this copyright infringement?
http://www.flickr.com/photos/prathambooks/3258065644/sizes/o/in/photostream/
Material from the Internet
Copyright law covers material on the internet. This
might be outdated but it takes time to modify the law.
These works may not even have any notice of
copyright and still be protected due to more recent
changes in the law.
Yet…
By publishing online there is the knowledge that this
material will used and shared somehow.
This is an implied limited license.
Also some provide express licenses by including a
Creative Commons license in their works.
The role of fair use
Fair use played an important part in the analog world
but its role in its digital counterpart is ambiguous.
Yet with implied and express licenses, we as
educator can have a broader set of protections for
educational use.
What does this mean to me?
http://www.flickr.com/photos/cayce/100044359/sizes/o/in/photostream/
First let’s define Fair Use
Fair use is so hard to define.
But there is hope in great part for the organized
efforts yielding results*
Yet we must keep in mind the harsh penalties for
infringement.
Don’t end up here
• A court can award up to $150,000 for each separate
act of willful infringement. You will be also liable if you
unknowingly broke the law, but the amount will
change.
• But there is what is called the good faith fair use
defense where it states that you acted in belief that
you were following the fair use policy.
Do I need permission then?1.Ask yourself: Is the work protected? The following
are not protected.
Works that lack originality
Works in the public domain
Freeware
US Government works
Facts
Ideas, processes, methods, and systems described in
copyrighted works.
2.If the work is protected, has your educational
institution already licensed rights for me to use.
3.Is the work available freely online, and thus I am
covered by an implied license?
4.Is the work under Creative Commons?
Permission?
Permission still?5. May I exercise one of the owner’s exclusive
rights? Make a copy
Use a work as the basis for a new work
Electronically distribute or publish copies
Publicly perform music, prose, poetry, a drama, or play a
video or a CD-ROM.
Publicly display an image on a computer screen or
otherwise.
So do I need permission then?6. Is your use exempt or excused from liability for
infringement?
http://www.flickr.com/photos/photojonny/2268845904/sizes/l/in/pool-79112418@N00/
Specific, narrowly tailored Exemptions
1.Library’s special rights
Archiving lost, stolen, damaged or deteriorating works
Making copies for library patrons
Making copies for other libraries’ patrons
Tailored Exemptions2.For Fair use exemption, consider how you plan
to use the material
Coursepacks, reserves, course management systems, and
other platforms for distributing course content.
Images archives
Creative uses
Research copies
Tailored Exemptions3. Don’t forget to 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?
And of course, The TEACH Act
http://www.flickr.com/photos/mg315/381296439/sizes/o/in/photostream/
The Teach Act
Copyright laws has an additional set of rights to display or perform
others’ works in the classroom. These rights are in Section 110(1) of the
Copyright Act and apply to any work, regardless of the medium.
Although these apply mostly to face-to-face instruction.
It is promising that these rights together with fair use will greatly
enable, effective distance education.
TEACH Act Checklist
If all fails, then try to get permission
Getting permission can be difficult but you can try the
Copyright Clearance Center. If the work is in their
database you can get permission instantly.
There are other websites/agencies for foreign works.
Getting permission• There are specific websites for image archives, music
performance, play rights, and movies. Remember that if
you are part of an educational institution, such as a
university you could be covered by their license
agreement.
• What if you don’t find the owner? No amount of
unsuccessful attempts to find the owner will exempt you
from the law if the owner of the copyright turns out and
wants compensation. The risk is yours; use your
common sense.
Citations
Georgia K. Harper. (2001, 2007). The Copyright Crash
Course. In University of Texas Libraries. Retrieved
September 3, 2011, from
http://copyright.lib.utexas.edu/.