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Building on Creative Works Legally
- 2. Slide #2
- 3. Slide #3
- 4. Slide #4
- 5. Slide #5
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- 11. Slide #11
- 12. Slides 2 & 3 Harper, G. K. (2007). Building on others’ creative expression. In Copyright Crash Course (The public domain and orphan works). Retrieved from http://copyright.lib.utexas.edu/pdandorphan.html Slides 4 & 5 Harper, G. K. (2007). Building on others’ creative expression. In Copyright Crash Course (Content on the Web). Retrieved from http://copyright.lib.utexas.edu/useofweb.html Slides 6 & 7 Harper, G. K. (2007). Building on others’ creative expression. In Copyright Crash Course (Fair use). Retrieved from http://copyright.lib.utexas.edu/copypol2.html Slides 8 & 9 Harper, G. K. (2007). Building on others’ creative expression. In Copyright Crash Course (TEACH Act). Retrieved from http://copyright.lib.utexas.edu/teachact.html Slides 10 & 11 Harper, G. K. (2007). Building on others’ creative expression. In Copyright Crash Course (Getting permission). Retrieved from http://copyright.lib.utexas.edu/permissn.html
Notes de l'éditeur
- The public domain and orphan works:“Digitization has unleashed unprecedented interest in our cultural heritage, especially that portion of it that resides free and clear, in the public domain.”
- The public domain and orphan works:“It is, unfortunately, horrifying to realize that at the same time that through technological innovation we created this great potential to share and enrich our lives with the public domain of knowledge and creativity, through our legislative process we created laws and pursued policies that effectively sequester most of the works of the 20th century behind nearly impenetrable barriers that will last as long as a century or more.”
- Content on the Web:“…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.”
- Content on the Web:“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.”
- Fair use:“Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?”
- Fair use:“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
- 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.”
- TEACH Act:“Not everyone, nor every work, is covered. Section 110(2) only applies to accredited nonprofit educational institutions. The rights granted do not extend to the use of works primarily produced or marketed for in-class use in the digital distance education market; works the instructor knows or has reason to believe were not lawfully made or acquired; or textbooks, coursepacks and other materials typically purchased by students individually.”
- Getting permission:“Assuming the work you wish to use is protected, the work has not been licensed for your use online, and your use is not a fair use or otherwise exempt from liability for infringement, you need permission.”
- Getting permission:“Sometimes, even if you go through all the right steps, you may not figure out whom to ask or the owner may not respond. There truly may be no one who cares about what you do with a particular work, but the bottom line is that no amount of unsuccessful effort eliminates liability for copyright infringement. Copyright protects materials whether the owner cares about protection or not.”