2. What is Copyright ?
Law that gives you rights to something you wrote
or created. It also authorizes others to do the
following with the owners work:
Reproduce
Prepare
Distribute copies
Perform work publicly
Display the work publicly
Perform publicly by a digital audio transmission (for
sound recordings)
Covers published and unpublished work
Very complex to understand
Illegal to violate rights
3. Orphan Works
Orphan work still remains outside the digital
environment
Lacks owner information:
Name
Date in which it entered public domain
If one makes error that a work is orphan and
the owner later shows up:
Copyright’s penalties for infringement
4. Public Domain
Are not copyright protected
Tools used to identify works in the public
domain:
TheGoogle Book Search library
The University of Texas at Austin Libraries Public
Domain
Can be used without the owners permission
5. Examples of Public Domain
Below are some locations were you can find
articles in the public domain:
Museums
Archives
Libraries
6. Fair Use
“Described as a shadowy territory whose
boundaries are disputed”
Limited use or copying of copyrighted material
without the owners permission
Attached a Creative Commons license
Good Faith Fair Use Defense [17 USC 504 (c)
(2)]
Person reasonably believed they used fair use
7. Four Fair Use Factors
1. Character of use
2. Nature of work to be used
3. How much of the work will be used
4. Effect on the original market for originals or
permissions
8. Do you need permission to use a
copyright work?
Ask yourself these three questions:
1. Is the work protected?
2. If the work is protected, has your campus
already licensed rights for your to use the
work?
3. Is the work available freely on the open Web,
and therefore covered by an implied license?
9. Is this in the Public Domain?
Rules to determine whether a protected work
is in the public domain are very intricate
Changed many times during the 20th century
Summary:
Published on or before December 31, 1992 is in
the public domain
Published between January 1, 1923 and
December 31, 1978, 95 years from the date is
was published.
After 1978, 70 years from the date the author dies
10. TEACH Act
Technology, Education and Copyright
Harmonization Act become law in 2002
Rights for educators in addition to the fair use
Allows educators to use, perform and exhibit
works for face to face and distance education
Makes it easier for educators to use digital
technologies in distance education
Section 110 (2)
