COPYRIGHT CRASH COURSEItzahamara Moses

EDTC 6340.62

Fall 2002

USING MATERIALS FROM THE INTERNET

COMMON ASSUMPTIONS

Copyright laws govern what you may find on the internet

People assume that if found online it is public domain.

Law used to protect published works only if they displayed proper copyright notice.

Law has changed; no publication of notice is required.

Simply posting online and saving creates a copyrighted work.

LICENSES TO USE INTERNET MATERIALS

Boundaries are vague An author reasonably

assumes that work will be forwarded, printed, copied or even used for the basis of other works.

Does not mean they give consent to commercial use without permission.

Spell out in detail what rights the author of the work wants readers to have.

You may attach a Creative Commons express license to your work.

Let’s others know you want your work to be part of the creativity.

Implied Licenses Express Licenses

FAIR USE

Application to non profit educators is not decided

Where fair use is in question, implied rights may be broader.

Opt for materials with express rights. Search for Creative Commons licensed works Limit materials to those intended for use by

educators and students.

FAIR USE

WHAT IS FAIR USE?

Deciding whether use of a work is considered fair,

Use a variety of sources to acquire permission to use a person’s work.

Libraries offers millions of licenses as well as many Creative Commons licensed works available on line.

If you cannot rely on library, CC licenses, or free work, get permission by purchasing a license.

DETERMINING FAIR USE

Use 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 have on the market for

the original or for permissions if the use were widespread.

To determine fair use, use guidance from a checklist.

THE TEACH ACT

WHAT IS THE TEACH ACT?

Became law in 2002 Is a scope of an educator’s rights to display

works and make copies “an educator may show or perform any

work related to the curriculum, regardless of the medium, face-to-face in the classroom”

“ the same educator would have to pare down some of those materials to show them to distant students … audiovisual works and dramatic musical works may only be shown as clips”

USING THE TEACH ACT

Checklist provided by Gregoria Harper

SOURCES:

Crews, K.D. (2008, May 14). Fair use checklist. Retrieved from http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf

Harper, G.K. (2007). Copyright crash course: Building on others’ creative expression. Retrieved from http://copyright.lib.utexas.edu/index.html#build