Your Copyright Crash Course! April Tafolla Adame Elementary September 2011

Did you ever stop and think … ?  Why is it we could use internet materials, books, videos and music so freely and without a catch?  The Copyright Protection Law: It ’ s automatic!  “… neither publication nor a notice of any kind is required to protect works today. Simply putting the pen to the paper or in the electronic medium, putting the fingers to the save key creates a copyrighted work. Once expression is committed to a tangible medium (and computer media is considered tangible), copyright protection is automatic. So, postings of all kinds are protected the same as published printed works. ” The Copyright Crash Course © 2001, 2007 Georgia K. Harper.

Implied and Express Licenses  Implied License to use internet materials:  Whenever an author posts anything on the Internet, he or she should reasonably expect that it will be read, downloaded, printed out, forwarded, and even used as the basis for other works to some degree  Express License:  Licenses that spell out in detail what rights the author of a work wants readers, viewers or listeners to have. You can easily give your work an express license by attaching a Creative Commons license to the materials you post on your Website, or upload to other sites. It's easy and it sends the message that you want your materials to be part of the flow of creativity. Building work upon others.Creative Commons

Creative Commons Licenses:  They are “… tools that give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. ”  Their services provided are:  Retaining copyright and allow others to copy, distribute and use for their works (non-commercially).  Gives credit to licensors for their work. 

Liability for posting infringing work  “ The proliferation of 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. Universities and libraries can also be liable for the actions of their employees doing their jobs and possibly students who access the Internet through university machines ”.  The Copyright Crash Course © 2001, 2007 Georgia K. Harper  Depending on the severity as in excessive or non-excessive and was the party knowingly or unknowingly committing the act of crime.  Fines can range from $200, 150,000 and/or State Penitentiary in Civil and Federal Court.  /title17/92chap5.html# /title17/92chap5.html#50 1

What is fair use?  When Creative Commons Licenses are attached, using materials is much easier and legal to.   Here is a link that will help you ask for permission to reuse content legally … 

The Four Factor Test:  The four fair use factors: 1. What is the character of the use? 2. What is the nature of the work to be used? 3. How much of the work will you use? 4. What effect would this use have on the market for the original or for permissions if the use were widespread?  1) Educational, commercial  2) Published, Imaginative  3) Small or more than small amt.?  4.) Competes with the original/Copyright owner unidentifiable …

The 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. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. ” The Copyright Crash Course © 2001, 2007 Georgia K. Harper  s.edu/teachact.html s.edu/teachact.html  For example, an educator may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom - still images, music of every kind, even movies. There are no limits and no permission required.  Getting permission s.edu/permissn.html s.edu/permissn.html

References:  The Copyright Crash Course © 2001, 2007 Georgia K. Harper  University of Texas Libraries | PCL  -use -use  5.html# html#501