Copy Right: Building on Others’ Creative Expression

By Salina VillanedaPresented from:

http://copyright.lib.utexas.edu/

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Content on the WebCopy Right protection-Not everything on the internet is up for use.-Creative Commons

Liability for Posting infringing works-Violating copyright can cause many to get in

trouble, not just they one who did it.

Fair UseWhat is Fair Use?-Understand licensed materials, all items may

have different fair use policies.

The Good Faith Fair Use Defense-Believing that fair use was done correctly

Steps to Fair UseFirst-Is it protected?Second: “If the work is protected, has your campus already

licensed rights for you to use the work?”

Third: “Is the work available freely on the open Web, and therefore covered by an implied license?”

Fourth: “Has the owner of the work used a Creative Commons license (or similar) to give the public the right to use the work in the way that you would like to use it?”

Steps to Fair Use (Cont.)Fifth: “If you don't have express or implied

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

Sixth: “Is your use exempt or excused from liability for infringement?”

What are fair use exemptions?

  The Four Fair Use Factors: 1.)What is the character of the use?

2.)What is the nature of the work to be used?

3.)How much of the work will you use?

4.)What effect would this use have on the market for the original or for permissions if the use were widespread?

TEACH Act“The TEACH Act expands the scope of

educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching.”

Circumstances apply

Getting Permission-Subscription license- Electronic and photocopy based

transactional permission servicesPermission for?

Copyright Clearance Center