 Libraries, museums and archives are carrying out small, medium and massive digitization projects and providing public access to the resulting digital collections.  Google, Amazon, Yahoo, and Microsoft, among others, are partnering with cultural institutions to increase the pace at which these collections are brought to the pubic.  Tools are being created to identify works in the public domain(e.g. Google Book Search library partners)b  Best practices to define reasonable searches for copyright owners of different types of works

 Copyright law governs the use of materials you might find on the Internet. Copyright protection Lawsuits for peer-to-peer file-sharing make clear the individuals can be liable for their own actions when they copy and distribute others’ copyrighted works without permission. Universities and libraries can also be liable for the actions of their employees doing their jobs and possible students who access the Internet through university machines.

 BASICS  Individuals areliable for their own actions. Copyright owners have sued and probably will continue to sue individuals.  Penalties for infringement are very harsh: the court can award up to $150,00 for each separate act of willful infringement.  IGNORANCE OF THE LAW, IS NO EXCUSE

1. It only applies if the person who copied material reasonably believed that what he or she did was a fair use. 2. Many people now license the public to use their works by attaching Creative Commons licenses

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? 4. Has the owner of the work used a Creative Commons license to give the public the right to use the working the way that you would like to use it? 5. If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights? 6. Is your use exempt or excused from liability for infringement?

 Archiving lost, stolen, damaged or deteriorating works  Making copies for library patrons  Making copies for other libraries’ patronsa

 Coursepacks, reserves, course management systems and other platforms for distributing course content  Limit materials duplicated  Include: copyright notice on original, appropriate citations, and a Section 108(f)(1) notice  Limit access to students and administrative staff(terminate access at end of term)  Obtain alternative authority for materials that will be used repeatedly

 Digitizing and using images and audiovisual resources for education purposes  Assess the scope and relevance of licensed resources available to meet educator’s needs  Limit access to all images except small, low resolutions thumbnails(terminate at the end of term)  Periodically review digital resource collections.

 Students, faculty and staff may  Incorporate others’ works into their own original creations  Display and perform the resulting works:  Class assignment  Curriculum materials  Remote instruction  Examinations  Student portfolios  Professional symposia Be conservative; limit copies and distribution Research copies (limit)single chapters Single articles from journal issue

 What is the character of the use?  Example: nonprofit and education personal(fair use)  Commercial(not fair use)  What is the nature of the work to be used?  Example: fact, published(fair use)  Imaginative and unpublished(not fair use)  How much of the work will you use?  Example: small amount(fair use)  What effect would this use have on the market for the original or for permissions if the use were widespread?

 Copyright laws provide educators with a separate set of rights  The teach act became law in 2002  An educator may show or perform any work related to the curriculum(keeping with Fair Use)  Section 110(2)’s expanded rights:  Non-dramatic literary or musical work  Limited portions of films and videos  Still images  It does not cover out of class assignments ONLY APPLIES TO ACCREDITED NONPROFIT EDUCATION INSTITUTIONSN

 If the work you wish to use is protected, you need permission.  Copyright Clearance Center(part of a book or journal article)  Foreign collectives(rights clearance of types of copyright materials)  Image archives  Ingenta(freelance writers)  Music performance(Harry Fox Agency, Inc.)  Play rights  News archives(check the web)  Movies(Motion Picture Licensing Corporation)  Contact the owner PERMISSION SHOULD BE IN WRITING

Gerogia K. Harper. The Copyright Crash Course. Available from