Building on Others Creative Expression

Adriana G. Hernandez, Librarian

Copyright Crash Course

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

Library Resources: The Invisible Web

Online Databases– 10 X larger than visible web– Answers tougher questions

Public Domain and Orphan Works

Public Domain • Digitized and posted online• http://www.google.com/educators/p_booksearch.html

Orphan Works: Look for author

Using Materials from the Internet•.

1. © 2. Cite sources

3. Liability

4. Fair Use

Fair Use of Copyright Materials•.

Dictionary.com definition: the conditions under which you can use material that is copyrighted by someone else without paying royalties 

Fair Use of Copyright Materials

First Steps:

Is the work protected?

Fair Use of Copyright Materials

First Steps:

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

Fair Use of Copyright Materials

First Steps:

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

Fair Use of Copyright Materials

First Steps:

Has the owner of the work used a Creative Commons license (or similar) to give the public the right to use the work in the way that you would like to use it?

Fair Use of Copyright Materials

First Steps:

If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights?

Fair Use of Copyright Materials

First Steps:

Is your use exempt or excused from liability for infringement?

Fair Use of Copyright Materials

Library’s Special Rights:

Libraries can make copies under certain conditions.

http://www.law.cornell.edu/uscode/17/108.html

Fair Use of Copyright Materials

Performances and displays in face-to-face teaching and distance education: http://www.law.cornell.edu/uscode/17/usc_sec_17_00000110----000-.html

Fair Use of Copyright Materials

What is the character of the use?

Fair Use of Copyright Materials

What is the nature of the work to be used?

Fair Use of Copyright Materials

How much of the work will you use?

Fair Use of Copyright Materials

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

Fair Use of Copyright Materials

Then look at: http://copyright.lib.utexas.edu/copypol2.html

pg. 6 to make decisions.

The TEACH Act

Became law in 2002 Allows you to use copyrighted audiovisual works

and dramatic musical works as long as they are “reasonable and limited portions. (clips)

See checklist on website:

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

Getting Permission

When in doubt, check it out!

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

Website contains suggestions and contact information to get/purchase permissions.

Questions???

Resources

http://citationmachine.net/index2.php

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