Copyright ©An introduction to Elementary Teachers presented by Conrado

Gonzalez

Introduction

• Copyright and users’ rights. Hard to define.

• Corporations and libraries partnering to digitalized thousands of works for the public.

• But, copyright laws keep many of these works unavailable to the public at large.

• A balance that is admittedly dynamic must be reached between these two opposite sides of the issue.

Balance?

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

What is being done?

• First better tools and methods are being developed to accurately identify those works that are public domain.

• Second, though risky, 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 you find on the internet. To many this is outdated but it takes time to modify the law.

• These works may not even have any notice of copyright and still be protected because the law has changed.

Yet…

• By putting something on the internet there is the knowledge that this material will used and shared somehow.

• This is an implied limited license.

• Also some may choose to 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 the addition of implied and express licenses, we as educator can have a broader set of protections for our use in the educational field.

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 the availability of material with Creative Commons licenses.

• Yet we must never lose sight of 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. If you don’t have express or implied

right do I want to 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/.