“Integrity means that you do the right thing, even when no one is watching.” --Anonymous
Copyright Crash Course Building on Others Creative Expression Adriana G. Hernandez, Librarian http://copyright.lib.utexas.edu/
Library Resources: The Invisible Web Online Databases 10 X larger than visible web Answers tougher questions
Public Domain and Orphan Works http://www.google.com/educators/p_booksearch.html Don’t take it for granted that if you don’t find an author it is public domain Public Domain Digitized and posted online If it’s an orphan work, look for an author. Use link to help you find authors
Using Materials from the Internet . Using Materials from the Internet 1. © 2. Cite sources 3. Liability 4. Fair Use 1.Online materials are copyrighted; doesn’t have to have a © symbol. 3. Liable for actions if you copy and distribute someone else’s online work 4. Fair Use; don’t rely on it, better to get permission
Fair Use of Copyright Materials . Fair Use of Copyright Materials Dictionary.com definition: the conditions under which you can use material that is copyrighted by someone else without paying royalties vague-if not sure, ask for permission usually for educational/non-profit purposes punishable by law doesn’t need a © symbol to be copyrighted (anything published after March 1, 1989 is copyrighted) Posting on the open web implies permission
Fair Use of Copyright Materials First Steps: Is the work protected?
Fair Use of Copyright Materials First Steps: If the work is protected, has your campus already licensed rights for you to use the work?
Fair Use of Copyright Materials First Steps: Is the work available freely on the open Web, and therefore covered by an implied license?
Fair Use of Copyright Materials First Steps: Has the owner of the work used a Creative Commons license (or similar) to give the public the right to use the work in the way that you would like to use it?
Fair Use of Copyright Materials First Steps: If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights?
Fair Use of Copyright Materials First Steps: Is your use exempt or excused from liability for infringement?
Fair Use of Copyright Materials Library’s Special Rights: Libraries can make copies under certain conditions. http://www.law.cornell.edu/uscode/17/108.html
Fair Use of Copyright Materials Performances and displays in face-to-face teaching and distance education: http://www.law.cornell.edu/uscode/17/usc_sec_17_00000110----000-.html
Fair Use of Copyright Materials What is the character of the use? If you are going to make copies/duplicate ask yourself these questions:
Fair Use of Copyright Materials What is the nature of the work to be used? If you are going to make copies/duplicate ask yourself these questions:
Fair Use of Copyright Materials How much of the work will you use? If you are going to make copies/duplicate ask yourself these questions:
Fair Use of Copyright Materials What effect would this use have on the market for the original or for permissions if the use were widespread? If you are going to make copies/duplicate ask yourself these questions:
Fair Use of Copyright Materials Then look at: http://copyright.lib.utexas.edu/copypol2.html pg. 6 to make decisions.
The TEACH Act Became law in 2002 Allows you to use copyrighted audiovisual works and dramatic musical works as long as they are “reasonable and limited portions. (clips) See checklist on website: http://copyright.lib.utexas.edu/teachact.html
Getting Permission When in doubt, check it out! http://copyright.lib.utexas.edu/permissn.html Website contains suggestions and contact information to get/purchase permissions.
Questions???
Resources http://citationmachine.net/index2.php http://copyright.lib.utexas.edu/ http://www.publicdomainpictures.net/view-image.php?image=9712&picture=peace