1. Building Creative Expression
Richard Wilson
01/2012

2. What is copyright?
• A legal statement enforced by the courts
• Goal is to protect intellectual property
• Laws governing copyright are complex
• Has changed in scope many times this century
• Today comprehensively assigned by default
• Public distribution of copyright material
without permission is illegal

3. Copyright and Distribution
• Default copyright laws quite restrictive
• Laws lock up author’s work
• Must be modified for commercialization
• Archive work for wider distribution
• Clarify desired copyright with Creative
Commons 3.0

4. Orphan Works
• The original author cannot be found
• Legislative policy protects orphan works
• Mass digitization is exposing many orphans
• Currently recognized that overprotection of a
work is culturally limiting
• Google, UT others developing tools to help
free what is public domain

5. Using other people’s materials
• Postings on the Internet are not public domain
• No notice is required to protect a work
• Internet publishing implies a limited license
but not a commercial license
• Implied licenses are vague
• For caution, get permission before use

6. Fair Use: overview
• Fair use defines exception to copyright law
• Allows limited use of copyright material
without owner’s permission
• Fair use decided by courts and uses 4 factors
– character of use
– nature of work to be used
– how much of work will be used
– effect on original market

7. Fair use: Rough guidelines only
Fair use Copyright
• Fact • Creative
• Published • Unpublished
• Nonprofit • Commercial use
• Educational • Used in full or large part
• Personal • Competes with original
• Small amount used • Avoids royalty payment
• Out of print
• Owner unidentifiable

8. Creative Commons 3.0
• Free online tools for self managing copyrights
• Give your work the freedoms you want
• Can set open access
• Retain acknowledgement of ownership

9. TEACH Act
• 2002 law expands scope of educator’s rights
• In the classroom, educator can show anything
related to curriculum
• Materials must be pared down and adhere to
section 110(2)for distance learning
• Section 110(2) is quite complex

10. Section 110(2) Expanded Rights
• Legal to transmit non-drama performances
• Legal to transmit limited portions off all other
performances
• Legal to transmit still images
• Only applies to non-profit accredited
educational institutions

11. Section 110(2) Conditions to rights
• Must be a regular part of institutional activity
• Must be performed by instructor
• Directly related to course content
• Provide notice that materials are copyright
• Limited to students in class for duration of
class only
• Authority to make copies but must be
retained by institution

12. References
Creative Commons, (2012). Who uses CC ?. Retrieved http://creativecommons.org/who-uses-cc
University of Texas Libraries, (2007). Copyright Crash Course. Retrieved from http://copyright.lib.utexas.edu/