Copyright Crash Course

Laura Rivera

EDTC-6340-62

USING MATERIALS FROM

THE INTERNET

Copyright law governs the use of materials you

might find on the Internet, just as it governs the use

of books, video or music in the analog world.

COPYRIGHT PROTECTION

Once expression is committed to a tangible

medium (and computer media is considered

tangible), copyright protection is automatic.

Postings of all kinds are protected the same

as published printed works.

IMPLIED LICENSES

Author should reasonably expect that it will be

read, downloaded, printed out, forwarded, and even used

as the basis for other works to some degree.

Boundaries are vague

Vital to the operation of the Internet

EXPRESS LICENSES

Spell out in detail what rights the author of a work wants readers,

viewers or listeners to have.

Can easily give works an express license by attaching a Creative

Commons license to the materials you post.

Sends the message that you want your materials to be part of the

flow of creativity

LIABILITY FOR POSTING

INFRINGING WORKS

Individuals can be liable for their own actions when they copy and

distribute others' copyrighted works without permission

Universities and libraries can be liable for the actions of their

employees and students who access the Internet through their

machines.

Universities and libraries must pay attention to what their network

users are doing

THE ROLE OF FAIR USE

It balances authors' rights to

reasonable compensation with the

public's rights to the ideas contained in

copyrighted works.

INDIVIDUAL LIABILITY

FOR INFRINGEMENTFirst Steps

1. Is the work protected?

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

work?

3. Is the work available freely on the open Web, and therefor covered by an implied license?

4. Has the owner of the work used a Creative Commons license (or similar) to give the

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

5. If you don't have express or implied rights, do you want to exercise one of the owners

exclusive rights?

6. Is your use exempt or excused from liability for infringement?

FAIR USE EXEMPTION

Coursepacks, reserves, course management systems

and other platforms for distributing course content

Digitizing and using images and audiovisual

resources for educational purposes

Digitizing and using other's works creatively

Research copies

FOUR FACTOR TEST FOR

FAIR USE

1. What is the character of the use?

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

3. How much of the work will you use?

4. What effect would this use have on the market for the

original or for permissions if the use were widespread?

THE TEACH ACT

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.

THE TEACH ACT

An educator may show or perform any work related to the

curriculum, regardless of the medium, face-to-face in the

classroom.

There are no limits and no permission required.

The same educator would have to pare down the materials

for distant students.

SOURCES

Harper, G. K., The Copyright Crash Course: Building on other’s creative expression.

(2007).

This work is licensed under the Creative Commons Attribution 3.0 United States License.

To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/us/ or

send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California,

94041, USA.