The public domain and

orphan works

The public domain and orphan works

According to Harper

• Mass digitization of library collections is revealing a treasure trove of heretofore obscured works, works in the public domain that can be shared broadly with the public, and orphan works, those still protected, but whose copyright owners are unknown, unable to be located, or unresponsive. The potential these works hold puts pressure on copyright law and policy to adapt more quickly to new possibilities in a digital networked environment.

copyright law and policy at Mass Digitization ~ changing copyright law and policy

Doing GOOD!

“First, we are developing better tools to identify those works that actually are in the public domain.”

• The University of Texas at Austin Libraries Public Domain Project is doing something good about it.

“Second, we are working with other libraries to begin developing best practices to define reasonable searches for copyright owners of different types of works.”

Harper says…

• They blog about their discoveries, they post their processes for others to build upon, and they share their results though our library catalog records and by publishing as much as they can.

Using materials from the Internet

Implied licenses give you rights to, uh, well, uh, that's the problem with implied licenses, they're not real clear -- but they're there and within reason you can and should rely on them

Using materials from the Internet

Some common assumptions are wrong Copyright protection!

• The saving grace: implied and express licenses to use Internet materials

• Liability for posting infringing works

• The role of fair use

Many people assume that everything posted on the Internet is public domain, probably because our law used to protect published works only if they displayed the proper copyright notice upon publication. The law, however, has changed: neither publication nor a notice of any kind is required to protect works today.

Whenever an author posts anything on the Internet, he or she should reasonably expect that it will be read, downloaded, printed out, forwarded, and even used as the basis for other works to some degree. So, just by posting, an author impliedly grants a limited license to use her work in this manner.

The proliferation of RIAA lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission. 

Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies. It balances authors' rights to reasonable compensation with the public's rights to the ideas contained in copyrighted works.

• Some common assumptions are wrong Copyright protection

FAIR USE

fair use copyright's safety valve, when it's

working properly ... when should you rely on it; what does it cover

Answer these three questions to decide whether you need permission to use a copyrighted work. 1. Is the work protected?

2. If the work is protected, has your campus already licensed rights for you to use the work?

3. Is the work available freely on the open Web, and therefor covered by an implied license?

• Library's special rights

• Performances and displays in face-to-face teaching and distance education

• Coursepacks, reserves, course management systems and other platforms for distributing course content

• Digitizing and using images and audiovisual resources for educational purposes

• Digitizing and using other's works creatively

• Research copies

Need more information? The Copyright Crash Course contains detailed materials on fair use and many other copyright issues. http://copyright.lib.utexas.edu/index.html

Specific, narrowly tailored exemptions

The TEACH Act

The TEACH Act

It authorizes virtual classroom performances and displays, but what does it cover and how does it work with fair use.

• Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) 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.

Until recently, however, when the classroom was remote, the law's generous terms for face-to-face teaching in Section 110(1) shrank dramatically in Section 110(2) -- some would say to the vanishing point!

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

For specific details on these rights please go to

ASK fo

r pe

rmission

Getting permissionprocesses, who pays

Getting permission can be difficult , but in some cases there are steps likely to yield results. The steps will vary depending on the type of work you need to use. If the work is part of a book or a journal article, check the Copyright Clearance Center ("CCC") first. The CCC offers electronic and photocopy based transactional (case-by-case) permission services, as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire. Your library or copy center is probably already working with the CCC and should be able to help you. If the work you want to use is registered with the CCC, you can get permission instantly for most materials. If your institution subscribes to the academic license and your work is covered, you don't have to do anything -- your use is covered.

http://copyright.lib.utexas.edu/permissn.html For specific information go to

Copyright is very important. It is a FEDERAL LAW. It was created to give specific rights to authors and motivate them to be creative so they can continue being productive.

Our kids need to understand and respect these laws. They need to learn and give credit to others. They need to give authors, writers, singers, etc, their credibility in creating important works.

Not giving credit, burning music, burning movies, buying copies is the same as STEALING!

We as teachers need to remind them about copyright and make them aware of the consequences if they decide not to follow it.

In other words…

If you as a teacher use any of these resources in your classes, make sure you always use original work and give credit to the authors and/or ask for permission before using it.

1. Literary, musical and dramatic works.2. Pantomimes and choreographic works.3. Pictorial, graphic and sculptural works.4. Sound recordings.5. Motion pictures and other AV works.6. Computer programs.7. Compilations of works and derivative works.8. Architectural works.*Let’s use ORIGINAL WORK Let(information from www.lib.purdue.edu)

* http://www.lib.purdue.edu/uco/CopyrightBasics/basics.html

If you use resources in the

classroom…

Harper, Georgia K. (2001,2007). The Copyright Crash Course . Building on others creative expressions. University of Texas Libraries. PCL 3.200

References

 All rights reserved by grohsARTig // martin-grohs.com

Power point created by Dara K. CepedaCourse EDTC 6340.66Instructor Mr. Linda NewellMSTTPA Go! TECH MTTFall 2011