Copyright Crash CourseBy Mr. R. Palomares

(Mr. P)

Building on others’ creative expressionThe Public Domain and Orphan WorksContent on the WebFair UseTEACH ActGetting PermissionContent of this PowerPoint was based

from a written work of Georgia K. Harper for the University of Texas and has a creative common license.

The Public Domain and Orphan Works

• Using something that isn’t yours and displaying it without proper credit is not right, but what if you cant’ find it’s owner?

• What do you then? Well, there’s good news. • Libraries and other institutions are identifying better tools to

know what’s out there in public.• Many are working with other libraries to define searches for

copyright owners.• There are many “orphan works” out there but without

copyright permission, but libraries are taking chances by displaying the works and putting a note that it being showed on the website is no guarantee it can be used for any purpose.

• In other words, there is more and more hope that works are being placed out there.

Content on the Web

• There are many unclear legal rules regarding copyright of internet materials we find. Many think that since its public domain, it can be used but there’s a rule to follow!

• RULE: Postings of all kinds are protected and is considered copyrighted work.

• Implied License: An implied license is when an author posts anything on the Internet, he/she should reasonably expect that it can be used as the basis for other works and therefore the author impliedly grants a limited license to use her work.

• The problem is that it’s vague what an implied license actually covers. • What’s not part of the implied license? Well, that the author automatically

gives consent to commercial use of it without permission. • So what can you do if you want to give specific rights about your work?You

give an Express License. • Express License: The express license gives details about what rights the

author want readers, viewers and listeners to have.

Content on the Web• What if you want others to build upon your work. Simply give your work a

Creative commons license.• What’s a “Creative Commons” license? The creative commons license allows

others to use your work or base it on your and that way the sharing goes on. In other words, you allow the materials to be part of building and others will build on yours.

• Is there liability to use something without proper permission? The truth is that individuals can be liable for their own actions when they copy and distribute others’ copyrighted works without permission.

• What about Fair Use? Well, the problem with fair use is that it can be questioned! Why? Because copyright owners have made it very easy to access getting permission to use the work!

• The implied rights are even broader!• So what’s the best way to go? You won’t go wrong with express right license

because it specifically tells you the rights of use.• If in doubt about a work, make a search for Creative Commons licensed works

by license type,. The other choice is limit search materials to be use by educators and students.

Fair Use

What exactly determines fair use? It’s hard to determine but more and more clear statements are being used to determine what it is.

If you don’t have the right to use something, relying on fair use is not your best choice.

Even though fair use will cover a certain amount of copying, modifying, displaying, performing, or distributing information, it not the best way to go.

It’s better to get a (library license, Creative commons license or a transactional license from the copyright clearance center.

So what are the Penalties for Infringement? Up to 150,000 for each act of willful infringement. There’s only exception to this, which is “the good faith fair use

defense”. It applies to a person who copied material and reasonably believed that what he did was a fair use as long as he/she followed POLCIES AND LICENSES.

Fair UseAnswer these three questions to decide if you

need permission to use the copyrighted work.1. Is the work protected? It does not mean it’s not

copyrighted If there’s an absense of notice.Anyone can freely use the following:-Works which lack originality. -Works in the public domain.-Works that the author didn’t put restrictions

(Freeware)-Facts

Fair UseIt is determined that it is copyrighted is if:Published work between Jan. 1923-1978 are

protected for 95 years after is publication. Published work before 1922 is considered

public domain. After 1978 it is protectedWork not published before 1978 are

protected for 70 years.

Fair Use

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

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

4. Has the owner of the work used a Creative Commons License? Remember that this allows for use of the material.

5.Do have an owner’s exclusive rights? This gives you permission from the owner with specific things you can do with the work like copy, display, etc.

Fair Use Libraries have some special rights for use of the material . Educational Institutions and government agencies also have copyright

use to display and use works in certain teaching activities. What about reserves, course management systems and platforms for

distributing course content? -you need to limit materials duplicated when the library has legal copies

of the work. What about digitizing and using images and audiovisual resources? Students may use images for personal study and for use in preparation

and may display images prepared for course assignment and keep them portfolios.

What about digitalizing and using other’s work creatively? Students, faculty and staff my incorporate other’s work in there own

creations, display and perform the resulting work in connection with class assignments , student portfolio’s and curriculum or school related.

Please limit the amount of other’s work and limit copies and distribution.

Fair UseThe fair use factors:1.Character of use?Personal, Educational, or

nonprofit is acceptable but not commercial2.Nature of the work?Is it Published and Fact or

Unpublished and Imaginative?3.How much will be used?Small amount or large

amount?4. What’s the Effect on the market for originals or

permission? Original out of print, password protected and no ready market for permission or it competes with the original and/or avoid payment for permission.

TEACH Act

Section 110(2) – This allows educators to show any work related to curriculum, regardless of the medium , in a face to face in the classroom.

Expanded Rights- it has expanded rights in that it allow for the non-dramatic literary or musical work to be displayed. Also some limited portions or reasonable amount of any performance.

Exclusions from Coverage- The Act only covers what an educator would show during class and not if the student can watch on their own time. There are some exclusions like it must be supervised, related to teaching content and must give notice that it’s copyrighted and it must not interfere with technological measures.

TEACH Act This is a good question checklist to go by when using the TEACH Act!  Is this a nonprofit accredited educational institution or a governmental

agency?  Does It have a policy on the use of copyrighted materials? Does it provide accurate information to faculty, students and staff about

copyright?  Does It's systems interfere with technological controls within the materials

I want to use?  Does the materials I want to use specifically for students in my class?  Can only those students have access to the materials?  Does the materials provided at my direction during the relevant lesson? Is the materials directly related and of material assistance to my teaching

content?  Is my class is part of the regular offerings of my institution?  Will include a notice that the materials are protected by copyright?  

TEACH Act Will I use technology that reasonably limits the

students' ability to retain or further distribute the materials?

 Will I make the materials available to the students only for a period of time that is relevant to the context of a class session?

 Will I store the materials on a secure server and transmit them only as permitted by this law?

Will I not make any copies other than the one I need to make the transmission?

Did I copy only the what I am authorized to transmit?

Getting Permission

What about if you know for a fact you need permission because your library does not have a license? What now?

First, Check the Copyright Clearance Center (CCC)! For image achieves below there are already several professional

organizations representing image creators. For the Freelance writers you can get permission from “INGENTA “ If you want to make a musical performance then check to se e if

ASCAP, BMI, Or SESAC for permission. If you want to record or use recording by someone else then check

THE HARRY FOX AGENCY, INC. THE RECORDING INDUSTRY ASSOCIATION OF AMERICA

represents major labels . What about public performance for movies? Check with THE

MOTION PICTURE LICENSING CORPORATION, MOVIE LICENSING USA, and SWANK MOTION PICURES INC to get permission.

Getting PermissionAre you in need of Contacting owners? the Project ACORN can help to

find the copyright owner. What about Changed owners? Copyright office can help in the search. The importance of Authority! Make sure the person giving the

permission is authorized to do so. In an ideal world the permission should be writing but it doesn't not

have to be as long as its documented properly. What about if you run into difficulty identifying the owner? The best

thing to do is to check for alternative work in the public domain or under a creative commons license. You can also check manuscripts or with the source of the copy of the work.

What about unidentifiable or unresponsive owners? Well, it is recommended not to use material where it was impossible to find it’s rightful owner but if it the institution makes reasonable effort to find and is willing to take a risk, then think about it.

Work CitedContent of this PowerPoint was

based from a written work of Georgia K. Harper for the University of Texas and has a creative common license.

Pictures are from Clipart.