COPYRIGHT ©An introduction to Elementary Teachers

presented by Conrado Gonzalez

Introduction

Copyright and users’ rights. Hard to define.

Corps and libraries partnering to digitalized

thousands of works for the public.

Introduction

But, copyright laws keep many of these works

unavailable.

A balance that is admittedly dynamic must be

reached.

Balance?

http://www.flickr.com/photos/thelastminute/3415357174/ by Duncan Rawlinson

What is being done?

First better methods are being developed to

accurately identify public domain works.

Second, institutions are beginning to take a

chance in using orphan works.

Is this copyright infringement?

http://www.flickr.com/photos/prathambooks/3258065644/sizes/o/in/photostream/

Material from the Internet

Copyright law covers material on the internet. This

might be outdated but it takes time to modify the law.

These works may not even have any notice of

copyright and still be protected due to more recent

changes in the law.

Yet…

By publishing online there is the knowledge that this

material will used and shared somehow.

This is an implied limited license.

Also some provide express licenses by including a

Creative Commons license in their works.

The role of fair use

Fair use played an important part in the analog world

but its role in its digital counterpart is ambiguous.

Yet with implied and express licenses, we as

educator can have a broader set of protections for

educational use.

What does this mean to me?

http://www.flickr.com/photos/cayce/100044359/sizes/o/in/photostream/

First let’s define Fair Use

Fair use is so hard to define.

But there is hope in great part for the organized

efforts yielding results*

Yet we must keep in mind the harsh penalties for

infringement.

Don’t end up here

• A court can award up to $150,000 for each separate

act of willful infringement. You will be also liable if you

unknowingly broke the law, but the amount will

change.

• But there is what is called the good faith fair use

defense where it states that you acted in belief that

you were following the fair use policy.

Do I need permission then?1.Ask yourself: Is the work protected? The following

are not protected.

Works that lack originality

Works in the public domain

Freeware

US Government works

Facts

Ideas, processes, methods, and systems described in

copyrighted works.

2.If the work is protected, has your educational

institution already licensed rights for me to use.

3.Is the work available freely online, and thus I am

covered by an implied license?

4.Is the work under Creative Commons?

Permission?

Permission still?5. May I exercise one of the owner’s exclusive

rights? Make a copy

Use a work as the basis for a new work

Electronically distribute or publish copies

Publicly perform music, prose, poetry, a drama, or play a

video or a CD-ROM.

Publicly display an image on a computer screen or

otherwise.

So do I need permission then?6. Is your use exempt or excused from liability for

infringement?

http://www.flickr.com/photos/photojonny/2268845904/sizes/l/in/pool-79112418@N00/

Specific, narrowly tailored Exemptions

1.Library’s special rights

Archiving lost, stolen, damaged or deteriorating works

Making copies for library patrons

Making copies for other libraries’ patrons

Tailored Exemptions2.For Fair use exemption, consider how you plan

to use the material

Coursepacks, reserves, course management systems, and

other platforms for distributing course content.

Images archives

Creative uses

Research copies

Tailored Exemptions3. Don’t forget to use the four fair use factors

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 use have on the market for the

original or for permissions if the use were widespread?

And of course, The TEACH Act

http://www.flickr.com/photos/mg315/381296439/sizes/o/in/photostream/

The Teach Act

Copyright laws has an additional set of rights to display or perform

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.

Although these apply mostly to face-to-face instruction.

It is promising that these rights together with fair use will greatly

enable, effective distance education.

TEACH Act Checklist

If all fails, then try to get permission

Getting permission can be difficult but you can try the

Copyright Clearance Center. If the work is in their

database you can get permission instantly.

There are other websites/agencies for foreign works.

Getting permission• There are specific websites for image archives, music

performance, play rights, and movies. Remember that if

you are part of an educational institution, such as a

university you could be covered by their license

agreement.

• What if you don’t find the owner? No amount of

unsuccessful attempts to find the owner will exempt you

from the law if the owner of the copyright turns out and

wants compensation. The risk is yours; use your

common sense.

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/.