By: Georgina SalasEDTC6340.65

What is Copyright??The exclusive legal right, given to an

originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Public DomainBetter tools are being developed to ID works

that are actually public.Google book search library and Google are

working together to expand Google use of public works(i.e. The University of Texas at Austin Libraries Public Domain Project).

We blog and post, and share about discoveries for others to build on.

Orphan WorksLack sufficient information to identify their

owners.Identifying the date for the works to pubic

domain can also be impossible.If a work is considered an Orphan but the

owner shows up they cannot claim their work because of the Copyright Act law.

Web ContentCopyright laws govern materials from the

internet, books, videos, and music.Many consider this law inadequate to deal

with in today’s technological world.Works and posts to the internet are

automatically given a copyright.

The Saving GraceImplied Licenses Express LicensesBoundaries are vagueVital to the operation of

internetNot as good as express

licenses

Detailed of what rights the author of a work wants people to have

Can attach a Creative Commons license

Infringing WorksThe RIAA lawsuits make clear that

individuals are liable for their own actions when they copy and distribute other’s works without permission.

Universities and libraries are also reliable for their employees job and students access on the internet.

Role of Fair UsePlays a critical role and allows the authors to

make money by controlling the copies produced.

It is less clearly applicable than it used to beWe can rely on implied and express license to

use other people’s works.Fair use may be questioned, implied rights

are broader, express right is clear and reassuring.

InfringementPenalties can be very harsh Court can award up to $150,00 for Willful

infringement(new what you were infringing but did it anyway).

If you don’t know you are infringing you will still be liable.

Good Faith Fair Use Defense is if the person who copied materials believed what he or she did was a fair use.

3 Questions If You Need Permission For Copyright WorkIs the work protected?If the work is protected, has your campus

licensed the right to use the work?Is the work available freely on the open Web,

and therefore covered by an implied license?

Other Questions To Ask YourselfHas the owner of the work used a Common

Creative License?If you don’t have express or implied rights,

do you want to exercise one of the owner’s exclusive rights?

Is your use exempt or excused from liability for infringement?

Four Factor Fair Use TestWhat is the character of the use? (nonprofit,

educational, etc.)What is the nature of the work to be used?

(fact, published, etc.) How much of the work will you use?(small

amount, or more)What effect would this use have on the

market for the original or for permissions if the use were widespread?(Original is out of print, owner is unidentifiable)

TEACH ActCopyright laws have a separate set of rights

for educators in addition to fair use.Rights are in Section 110(1) of Copyright ActSection 110(2) works can be digitized for

distance learningCan digitize parts of movie but not the whole

movie.Lets educators share works with their

students, and show others' works in class.

ResourcesUniversity of Texas LibrariesThe Copyright Crash Course © 2001, 2007

Georgia K. Harper