Presented by: Santos AlvaradoPresented by: Santos Alvarado

• Developing better tools to identify those works that Developing better tools to identify those works that actually are in the public domain.actually are in the public domain.

• Orphan works lack sufficient information to identify Orphan works lack sufficient information to identify their owners.their owners.

““Implied licenses give you Implied licenses give you rights to, uh, well, uh, that's rights to, uh, well, uh, that's the problem with implied the problem with implied licenses, they're not real clear licenses, they're not real clear -- but they're there and within -- but they're there and within reason you can and should reason you can and should rely on them”rely on them”

Liability for posting infringing worksLiability for posting infringing works

RIAARIAA lawsuits against individuals lawsuits against individuals for peer-for peer-to-peer file-sharing,to-peer file-sharing, individuals individuals can be can be liableliable forfor their own actions their own actions when they when they copy and distribute others' copyrighted copy and distribute others' copyrighted works works without permission.without permission.

Fair use is better described as a shadowy Fair use is better described as a shadowy territory whose boundaries are disputed.territory whose boundaries are disputed.

Penalties for infringement are very harsh: Penalties for infringement are very harsh: the the court can award up to court can award up to $150,000 $150,000 for each for each separate act of willful infringement.separate act of willful infringement.

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

1.1.Is the work protected?Is the work protected?

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

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

The four fair use factors:The four fair use factors:

1.1. What is the character of the use? What is the character of the use?

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

3.3. How much of the work will you use? How much of the work will you use?

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

• May use a wider range of works in distance May use a wider range of works in distance learning environments. learning environments.

• Distance learning sessions.Distance learning sessions.• Storing, copying and digitizing materials. Storing, copying and digitizing materials.

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.

• To get permission to use copyrighted To get permission to use copyrighted work you usually have to contact the work you usually have to contact the owner of the work, owner of the work, (person, company, (person, company, group) group) throughthrough email, phone call email, phone call oror written permissionwritten permission. .

• For more informationFor more information

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

ReferenceReference

The Copyright Crash Course The Copyright Crash Course

© 2001, 2007© 2001, 2007

Georgia K. Harper Georgia K. Harper