Copyrights:How to make use of it

Created by: Maria D. Martinez

When did copyright begin?

• First copyright statute was created in 1710 by Great Britain.

• Congress continued this statute by enacting the first copyright law in America in 1790.

• To this day, the use of technology (internet) has incorporated changes in the copyright law.

What is copyright?

• Copyright by definition according to the Merriam-Webster Dictionary means the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something.

So, is this Copyright?

Kinds of Copyrights

Implied License vs Express License

It is posted….you can add, delete, copy and replicate.

Explicitly told word by word what type of rights it contains.

Copyright laws include

Works published:• on or before Dec.

31 1922

• between January 1, 1923 to December 31, 1978

• between 1923 to Dec of 1963

• after 1978

• before December of 1978

**Attention: As of March 1, 1989, no copyright notice attachment is required.

• maintain balance

• set limitations

• allow special

exemptions

• protect freedom of speech

• allow fair use

What do copyright laws offer?

Fair Use …

– the right to use copyrighted material without penalties.

Orphan Works = Unknown owner.

When do I know if it is

fair use?

There are four factors to consider:

– 1. What is the intention?

– 2. What is the origin?

– 3. How much will be used?

– 4. What effect would it have?

Ask yourself…

Continuation…

• Four answers to consider:– 1. The piece of work is being used for

nonprofit, educational, personal, commentary and even news reporting.

– 2. The origin of the work is a fact piece of material or it has been officially published.

– 3. Only a small amount of the piece of work will be used.

– 4. There is no negative effect if the piece of work goes widespread because the original print is outdated or unavailable, the copyright owner is unidentifiable, or the piece of work has an implied license or it is for educational use.

When do I know if it is fair

use?

* When in doubt visit the CCC (Copyright Clearance Center).

Copyright Act for Educators

Section 110(2) =

digital distance education

Section 110(1) =

face to face education

Teach Act

• Educators may incorporate others’ works into their original creations, display and perform the resulting work in connection with school use, while taking into consideration to limit the amount being used.

Infringements

Infringement = When you know that you are doing wrong by using a type of work and you still do it anyway.

They canadd up to $150,000!

Is it

fair?

Good Faith Fair Use

– only applies if person who copied material reasonably believed that what he/she did was a fair use, which would be the case if you follow the copyright policy

IGNORANCE =

NO EXCUSE

Copyrights:How to make use of it

Citations

• Georgia K. Harper. (2001, 2007). The Copyright Crash Course. In University of Texas Libraries. Retrieved September 3, 2011, from http://copyright.lib.utexas.edu/.