By: Georgina Salas EDTC

What is Copyright?? The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Public Domain Better tools are being developed to ID works that are actually public. Google book search library and Google are working together to expand Google use of public works(i.e. The University of Texas at Austin Libraries Public Domain Project). We blog and post, and share about discoveries for others to build on.

Orphan Works Lack sufficient information to identify their owners. Identifying the date for the works to pubic domain can also be impossible. If a work is considered an Orphan but the owner shows up they cannot claim their work because of the Copyright Act law.

Web Content Copyright laws govern materials from the internet, books, videos, and music. Many consider this law inadequate to deal with in today’s technological world. Works and posts to the internet are automatically given a copyright.

The Saving Grace Implied Licenses Express Licenses Boundaries are vague Vital to the operation of internet Not as good as express licenses Detailed of what rights the author of a work wants people to have Can attach a Creative Commons license

Infringing Works The RIAA lawsuits make clear that individuals are liable for their own actions when they copy and distribute other’s works without permission. Universities and libraries are also reliable for their employees job and students access on the internet.

Role of Fair Use Plays a critical role and allows the authors to make money by controlling the copies produced. It is less clearly applicable than it used to be We can rely on implied and express license to use other people’s works. Fair use may be questioned, implied rights are broader, express right is clear and reassuring.

Infringement Penalties can be very harsh Court can award up to $150,00 for Willful infringement(new what you were infringing but did it anyway). If you don’t know you are infringing you will still be liable. Good Faith Fair Use Defense is if the person who copied materials believed what he or she did was a fair use.

3 Questions If You Need Permission For Copyright Work Is the work protected? If the work is protected, has your campus licensed the right to use the work? Is the work available freely on the open Web, and therefore covered by an implied license?

Other Questions To Ask Yourself Has the owner of the work used a Common Creative License? If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights? Is your use exempt or excused from liability for infringement?

Four Factor Fair Use Test What is the character of the use? (nonprofit, educational, etc.) What is the nature of the work to be used?(fact, published, etc.) How much of the work will you use?(small amount, or more) What effect would this use have on the market for the original or for permissions if the use were widespread?(Original is out of print, owner is unidentifiable)

TEACH Act Copyright laws have a separate set of rights for educators in addition to fair use. Rights are in Section 110(1) of Copyright Act Section 110(2) works can be digitized for distance learning Can digitize parts of movie but not the whole movie. Lets educators share works with their students, and show others' works in class.

Resources University of Texas Libraries The Copyright Crash Course © 2001, 2007 Georgia K. Harper