How to make use of it

Created by: Maria D. Martinez

Copyright:

When did copyright begin?• First copyright statute in the world was created in

1710 by Great Britain.

• Congress continued this statute by enacting the first copyright law in America in 1790.

• To this day, the use of technology (internet) has incorporated changes in the copyright law.

What is copyright?

• Copyright by definition according to the Merriam-Webster Dictionary means the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something.

©

Kinds of copyrights

Implied license Express license

Explicitly told word by word what type of rights it contains.

It is posted….you can add, delete, copy and replicate.

What do copyright laws offer?

• It offers to maintain a balance between what is being produced and who uses it and how.

• It sets limitations as to how many times something is being copyrighted.

• It allows special exemptions to educators, librarians, public broadcasters, and the blind, amongst others.

• It protects freedom of speech.

• It gives room for fair use to be in full motion.

Fair Use …

– the right to use copyrighted material without penalties.

Orphan Works = Unknown owner.

If it is for educational use

If work is protected by Creative Common License and given credit

If work is considered “orphan works”

When do I know if it is fair use?• Four factors to consider: – 1. What is the intention of the use for the

piece of work?

– 2. What is the origin of the piece of work?

– 3. How much of the work will be used?

– 4. If this kind of use were to widespread, what effect would it have on the owner and on me?

Continuation…

• Four answers to consider:– 1. The piece of work is being used for nonprofit,

educational, personal, commentary and even news reporting.

– 2. The origin of the work is a fact piece of material or it has been officially published.

– 3. Only a small amount of the piece of work will be used.

– 4. There is no negative effect if the piece of work goes widespread because the original print is outdated or unavailable, the copyright owner is unidentifiable, or the piece of work has an implied license or it is for educational use.

When do I know if it is fair use?

* When in doubt visit the CCC (Copyright Clearance Center).

Copyright lawsKnow the following laws:

• Any worked published on or before Dec. 31 1922 is now on the public domain, free of use.

• Works between January 1, 1923 to December 31, 1978 are protected for a term of 95 years from the date of publication with proper notice.

• Works between 1923 to Dec of 1963 needed to be renewed by its owner for the next 28 years. Owners might not have renewed so these works might be in the public domain.

• Works with the year after 1978 have a copyright notice (meaning works are protected) that runs for 70 years from the date the author dies (this is called “life of the author” plus 70 years). Works are protected whether they are published or not.

• Works created before December of 1978 that were not published are now protected by the author plus 70 years protection.

**Attention: As of March 1, 1989, no copyright notice attachment is required.

Copyright Act for educators

Section 110(1)• face to face education

Section 110(2)• digital distance

education.

Teach Act

Educator’s rules• Students, faculty and staff may:

– Incorporate others’ works into their original creations.

– Display and perform the resulting work in connection with or creation of:• class assignments• curriculum materials• remote instruction• examinations• student portfolios• professional symposia

– Always take into consideration to be limited with the amount of work from others being used, including the use of copies, distributions and research on single chapters, articles, graphs, charts or illustrations.

InfringementsInfringement = When you know that you are doing wrong by using a type of work and you still do it anyway.

Infringements

• Penalties for infringement can add up to $150,000 for each separate act or infringement.

• Ignorance of the law is no excuse, but the penalty will not be as high as willingly wrongdoing.

• One way to not be found guilty of infringement: the good faith fair use defense.– only applies if person who copied material

reasonably believed that what he/she did was a fair use, which would be the case if you follow the copyright policy

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/.