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 This might be outdated but it takes time to modify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 putting something 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 for instance Fair Use Best Practices statement and material

with Creative Commons licenses.

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/.