CopyrightThe Basics

Who owns what?

The author is usually the owner.Except when the work-for-hire rule

appliesAn author is someone who contributes

copyrightable expression to the work.Unless the work for hire rules apply, the

creators of the work are its authors and owners.

Managing Copyrights

The owner reserves the right to manage how their work is to be used…

Unlimited copying

Copy and distribution rights

Downloading content

Student use only

Commercial use only

The Invisible Web

Mass of networked mass not on the surface

Specialized search enginesInvisible web specialistsInformation specialists

Public Domain vs. Orphan Works

Public Domain – belonging or being available to the public as a whole. Not subject to copyright.

Orphan Works - they often lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible.

Using materials from the Internet

Not everything is public domain

- Once expression is committed to a

tangible medium (and computer

media is considered tangible),

copyright protection is automatic.

Implied License-

just by posting, an author impliedly grants a limited license to use her work in this manner

Expressed License-

licenses that spell out in detail what rights the author of a work wants readers, viewers or listeners to have.

Using materials from the Internet

Creative Commons

Websites have been established to help with the process of how your information will be shared with others.

http://creativecommons.org/

Individual Liability for Infringement

means that you knew you were infringing and you did it anyway.

Ignorance is not an excuse.

One special provision of the law

the good faith fair use defense- only applies if the person who copied material reasonably believed that what he or she did was a fair use

What work is Protected?

Works that lack originalityWorks in public domainFreewareUS Government worksFactsIdeas, processes, methods, and systems

described in copyrighted works.

Work published on or before 12/31/1922 is now public domain Works published between 01/01/1923 & 12/31/1978, inclusive,

are protected for a term of 99 years from the date of publication

if copyright is not renewed, work published between 1923 & 12/31/1963 are now public domain.

After 1978, copyrights now are “life of author” plus 70 years.

What work is Protected?

That’s still mine!!!

Specific, Narrowly tailored exemptions

Archiving lost, stolen, damaged or deteriorating works

Making copies for library patronsMaking copies for other libraries’

patrons (interlibrary loan)

Fair use exemption

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

Image archivesCreative usesResearch copies

Using the four factor fair use test

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 is the use were widespread?

Bibliography

http://copyright.lib.utexas.edu/flowofcopyright.html http://copyright.lib.utexas.edu/whoowns.html http://copyright.lib.utexas.edu/whoowns.html http://copyright.lib.utexas.edu/cprtmgt.html http://creativecommons.org/ http://copyright.lib.utexas.edu/digitallibrary.html http://copyright.lib.utexas.edu/pdandorphan.html http://copyright.lib.utexas.edu/useofweb.html http://copyright.lib.utexas.edu/copypol2.html