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

2. 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”

3. 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.

4. 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

5. 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”

6. 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.

7. 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.

8. 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.

9. 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?

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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 , 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:

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