Building on others’ creative expression COPYRIGHT CRASH COURSE Building on others’ creative expression Presenter: Santos Alvarado

The Public Domains and Orphan Works “Mass digitization of library collections is revealing a treasure trove of heretofor 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”

The Public Domains and Orphan Works Developing better tools to identify those works that actually are in the public domain. The University of Texas at Austin Libraries Public Domain Project: blog about their discoveries post for others to build upon share results though our library catalog records Orphan works lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible. Working with other libraries to begin developing best practices to define reasonable searches for copyright owners of different types of works. owners. …celebrating the life of the mind.

Getting Involved If you want to get involved in public domain or orphan works projects, there is no shortage of opportunities. Check Out: Open Content Alliance's Open Library Resource Shelf logs news of mass digitization projects Google search for mass digitization projects

Content on the Web “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 Web Some common assumptions are wrong People assume that everything posted on the Internet is public domain...Wrong… putting the pen to the paper, putting the fingers to the save key creates a copyright protection work automatically. The saving grace: implied and express licenses to use Internet materials Implied License: Anyone who post their work on the Internet, impliedly grants a limited license, knows their work will be used in in this manner (read, downloaded, printed, forwarded). Express License: Spells out in detail what rights the author of a work wants readers, viewers or listeners to have. Give your works an express license by attaching a Creative Commons license to the materials you post on your Website, or upload to other sites.

Using Materials from the Web Liability for posting infringing works 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 of Copyrighted Materials Fair use is better described as a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online environment. Many more people now license the public to use their works by attaching Creative Commons licenses to them, making educational uses much easier without worry about fair use Penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement.

Fair Use of Copyrighted Materials Answer these three questions to decide whether you need permission to use a copyrighted work. Is the work protected? If the work is protected, has your campus already licensed rights for you to use the work? Is the work available freely on the open Web, and therefor covered by an implied license? 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?

Fair Use of Copyrighted Materials FACTOR 1: What is the character of the use? Nonprofit Educational Personal Criticism Commentary Newsreporting Parody Otherwise “transformative” use Commercial Favor of fair use Add weight to a fair use claim Favor of the Copyright Owner

Fair Use of Copyrighted Materials FACTOR 2: What is the nature of the work to be used? Fact Published A mixture of fact and imaginative Imaginative Unpublished Favor of fair use Little effect on the decision, sort of cancelling out this factor entirely Favor of copyright owner

Fair Use of Copyrighted Materials FACTOR 3: How much of the work will you use? Small Amount More than a small amount Favor of fair use Favor of the Copyright Owner

Fair Use of Copyrighted Materials FACTOR 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions? Password protection; technological protection; limited time use Original is out of print or otherwise unavailable Copyright owner is unidentifiable No ready market for permission Proposed use is transformative and not merely duplicative (first factor) mixture of fact and imaginative Competes with (takes away sales from) the original Avoids payment for permission (royalties) in an established permissions market Favor of fair use Favor of seeking permission

TEACH Act 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. Instructors may use a wider range of works in distance learning environments. Students may participate in distance learning sessions. All participants enjoy greater latitude when it comes to storing, copying and digitizing materials.

Getting Permission Assuming the work you wish to use is protected, the work has not been licensed for your use online, and your use is not a fair use or otherwise exempt from liability for infringement, you need permission. Now what? To get permission to use copyrighted work you usually have to contact the owner of the work, (person, company, group) through email, phone call or written permission. The request for permission obliges to the following: Foreign Collectives Image archives Freelance writers Music performance Play rights News archives Movies For more examples on getting permission follow the link: http://copyright.lib.utexas.edu/permissn.html

The Copyright Crash Course © 2001, 2007 Georgia K. Harper Reference The Copyright Crash Course © 2001, 2007 Georgia K. Harper