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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 This might be outdated but it takes time to modify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/.
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