Copyright Crash Course

Public domain Orphan works

•Not everything posted on the internet is public domain

•Neither publication nor a notice of any kind is required to protect works today

Some common assumptions are wrong

Copyright Protection

Implied Licenses Express licenses

Fair use of copyrighted materials

Four Factor Fair Use Test

Factor 1: What is the character of the use?

Factor 2: What is the nature of the work to be used?

Factor 3: How much of the work will you use?

Factor 4: If this kind of use were widespread, what effect would it have on the

market for the original or for permissions?

The TEACH Act• The TEACH Act became law in late 2002.

• Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.

• The TEACH Act authorizes us to digitize works for use in digital distance education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.

Getting Permission

1. Contact collective rights organizations (CCC) Copyright Clearance Center.

2. Be aware if permission is needed when using image archives, freelance writers, music performance, and play rights., etc.

3. Contact the owner4. Confirm authority to grant

permission5. Getting written permission and

define clearly the scope of what you are being permitted to do.

The Copyright Crash Course

Written by Georgia Harper for the University

of Texashttp://copyright.lib.utexas.edu/

Power point by:Sonia Aldape

6340.64Professor: Elizabeth Castillo