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34716915

Written for the University of TX by Georgia K Harper

Courtesy of Funnychixcom

Writing on otherrsquos creative

expressions

The public domain and

orphan works

These are works

that are either ineligible for copyright protection or with expired copyrights No permission

whatsoever is needed to copy or use public domain works

photo courtesy by Waldo LEE

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

Written for the University of TX by Georgia K Harper

Courtesy of Funnychixcom

Writing on otherrsquos creative

expressions

The public domain and

orphan works

These are works

that are either ineligible for copyright protection or with expired copyrights No permission

whatsoever is needed to copy or use public domain works

photo courtesy by Waldo LEE

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

Courtesy of Funnychixcom

Writing on otherrsquos creative

expressions

The public domain and

orphan works

These are works

that are either ineligible for copyright protection or with expired copyrights No permission

whatsoever is needed to copy or use public domain works

photo courtesy by Waldo LEE

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

The public domain and

orphan works

These are works

that are either ineligible for copyright protection or with expired copyrights No permission

whatsoever is needed to copy or use public domain works

photo courtesy by Waldo LEE

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

These are works

that are either ineligible for copyright protection or with expired copyrights No permission

whatsoever is needed to copy or use public domain works

photo courtesy by Waldo LEE

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

photo courtesy imtiredonlinecom

In other wordshellip

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

Doing GOOD

They identify works that actually are in the public domain

They define reasonable searches for copyright owners of different types of works

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

Some common assumptions are wrong Copyright protection

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

Using materials from the Internet

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

bull The saving grace implied and express licenses to use Internet materials

bull Liability for posting infringing works

bull The role of fair use

Whenever an author posts anything on the Internet he or she should reasonably expect that it will be read downloaded printed out forwarded and even used as the basis for other works to some degree So just by posting an author impliedly grants a limited license to use her work in this manner

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others copyrighted works without permission

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies It balances authors rights to reasonable compensation with the publics rights to the ideas contained in copyrighted works

bull Some common assumptions are wrong Copyright protection

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

FAIR USE

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

fair use

copyrights safety valve when its working properly when should you rely on it what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

1 Is the work protected

Pic

ture

court

esy

of

Chri

s B

vis

ualiz

e u

sco

m

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

If the work is protected has your campus already licensed rights for you to use the work

htt

p

ww

wm

arg

sanim

als

com

Pic

ture

cou

rtesy

of

3 Is the work available freely on the open Web and therefore covered by an implied license

Pic

ture

cou

rtesy

of

htt

p

ww

wm

arg

san

imals

com

bull Librarys special rights

bull Performances and displays in face-to-face teaching and distance education

bull Coursepacks reserves course management systems and other platforms for distributing course content

bull Digitizing and using images and audiovisual resources for educational purposes

bull Digitizing and using others works creatively

bull Research copies

Need more information The Copyright Crash Course contains detailed materials on fair use and many other copyright issues httpcopyrightlibutexaseduindexhtml

Specific narrowly tailored exemptions

The TEACH Act

The TEACH Act

It authorizes virtual classroom performances and displays but what does it cover and how does it work with fair use

bull Copyright law provides educators with a separate set of rights in addition to fair use to display (show) and perform (show or play) 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

Until recently however when the classroom was remote the laws generous terms for face-to-face teaching in Section 110(1) shrank dramatically in Section 110(2) -- some would say to the vanishing point

httpcopyrightlibutexaseduteachacthtml

For specific details on these rights please go to

The TEACH Act

It authorizes virtual classroom performances and displays but what does it cover and how does it work with fair use

bull Copyright law provides educators with a separate set of rights in addition to fair use to display (show) and perform (show or play) 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

Until recently however when the classroom was remote the laws generous terms for face-to-face teaching in Section 110(1) shrank dramatically in Section 110(2) -- some would say to the vanishing point

httpcopyrightlibutexaseduteachacthtml

For specific details on these rights please go to

ASK fo

r pe

rmission

Getting permissionprocesses who pays

Getting permission can be difficult but in some cases there are steps likely to yield results The steps will vary depending on the type of work you need to use If the work is part of a book or a journal article check the Copyright Clearance Center (CCC) first The CCC offers electronic and photocopy based transactional (case-by-case) permission services as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire Your library or copy center is probably already working with the CCC and should be able to help you If the work you want to use is registered with the CCC you can get permission instantly for most materials If your institution subscribes to the academic license and your work is covered you dont have to do anything -- your use is covered

httpcopyrightlibutexasedupermissnhtml For specific information go to

Getting permissionprocesses who pays

Getting permission can be difficult but in some cases there are steps likely to yield results The steps will vary depending on the type of work you need to use If the work is part of a book or a journal article check the Copyright Clearance Center (CCC) first The CCC offers electronic and photocopy based transactional (case-by-case) permission services as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire Your library or copy center is probably already working with the CCC and should be able to help you If the work you want to use is registered with the CCC you can get permission instantly for most materials If your institution subscribes to the academic license and your work is covered you dont have to do anything -- your use is covered

httpcopyrightlibutexasedupermissnhtml For specific information go to

Copyright is very important It is a FEDERAL LAW It was created to give specific rights to authors and motivate them to be creative so they can continue being productive

Our kids need to understand and respect these laws They need to learn and give credit to others They need to give authors writers singers etc their credibility in creating important works

Not giving credit burning music burning movies buying copies is the same as STEALING

We as teachers need to remind them about copyright and make them aware of the consequences if they decide not to follow it

In other wordshellip

If you as a teacher use any of these resources in your classes make sure you always use original work and give credit to the authors andor ask for permission before using it

1 Literary musical and dramatic works

2 Pantomimes and choreographic works

3 Pictorial graphic and sculptural works

4 Sound recordings

5 Motion pictures and other AV works

6 Computer programs

7 Compilations of works and derivative works

8 Architectural works

Letrsquos use ORIGINAL WORK Let

(information from wwwlibpurdueedu)

httpwwwlibpurdueeduucoCopyrightBasicsbasicshtml

If you use resources in the

classroomhellip

If you as a teacher use any of these resources in your classes make sure you always use original work and give credit to the authors andor ask for permission before using it

1 Literary musical and dramatic works

2 Pantomimes and choreographic works

3 Pictorial graphic and sculptural works

4 Sound recordings

5 Motion pictures and other AV works

6 Computer programs

7 Compilations of works and derivative works

8 Architectural works

Letrsquos use ORIGINAL WORK Let

(information from wwwlibpurdueedu)

httpwwwlibpurdueeduucoCopyrightBasicsbasicshtml

If you use resources in the

classroomhellip

Harper Georgia K (20012007) The Copyright Crash Course Building on others creative expressions University of Texas Libraries PCL 3200

References

Power point created by Dara K CepedaCourse EDTC 634066Instructor Mr Linda NewellMSTTPA Go TECH MTTFall 2011

• Slide 1
• Slide 2
• Slide 3
• Slide 4
• Slide 5
• Slide 6
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• fair use
• 1 Is the work protected
• If the work is protected has your campus already licensed righ
• 3 Is the work available freely on the open Web and therefore
• Slide 17
• Slide 18
• Slide 19
• The TEACH Act
• Slide 21
• Getting permission processes who pays
• Slide 23
• Slide 24
• Slide 25
• Slide 26
• Slide 27
• Slide 28