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CopyrightFacts for

Educators

Public Domain & Orphan Works

Copyright Act

Nonprofit organizations will not digitize orphan works because copyright owners have convinced legislators to lock up their works.

Overprotection of the work is just as destructive as under protection

Using materials from the

Copyright InfringementA common assumption that is wrong

Everything on the Internet is part of the public domain.

WRONG

Saving graces

Implied License

Express License

Fair Use of Copyrighted Materials

What is Fair Use?

LiabilityLiability for Infringement

A court can award up to $150,00 for each separate act of “willful infringement.”

“Willful infringement” is when you know you were infringing on someone’s work. Ignorance of the law is no excuse.

Do you need permission to use a copyrighted work?

If the work is covered by an implied license --

Has the owner of the work used a Creative Commons license to give the public the right to use the work in the way that you would like to use it?

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?

The 4 “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.

Became law in 2002.

The TEACH Act covers works a teacher would show or play during class.

It does not cover materials a teacher wants students to read, study, listen to, or watch on their own time out of the classroom.

The TEACH Act

Getting PermissionVisit http://copyright.lib.utexas.edu/permissn.html for a list of organizations that you can contact in obtaining permission.

This website will also provide information on how to properly obtain permission from a copyright owner.

ResourcesHarper, Georgia K. Copyright Crash Course University of Texas

Merriam-Webster Dictionary retrieved from http://www.merriam-webster.com/dictionary/fair%20use