This document provides an overview of copyright and licensing as they relate to educational use of online materials. It discusses implied and express licenses, fair use, and the TEACH Act. Implied licenses have vague boundaries and don't necessarily allow commercial use without permission. Express licenses explicitly state the rights granted by the author. Fair use considers the purpose, nature, amount, and potential market effect of the use. The TEACH Act expanded educators' rights in 2002 to display and copy works for curriculum. Checklists can help determine what constitutes fair use. Creative Commons licenses materials for reuse by educators and students.

1. Copyright crash course Itzahamara Moses EDTC 6340.62 Fall 2002

2. Assumptions Copyright governs what you find on the internet Public domain. No publication of notice is required. Posting online creates a copyrighted work.

3. Licenses Implied Licenses Boundaries are vague Author assumes that work will be forwarded, printed, copied Does not mean they give consent to commercial use without permission.

5. Details what rights the author gives

6. Attach a Creative Commons express license

8. What is Fair use? Deciding whether use of a work is considered fair Use a variety of sources to acquire permission Libraries offer licenses Creative Commons licensed works available on line. If not sure, get permission by purchasing a license.

9. Determine Fair use Use the Four Factor Fair Use test What is the character of the use? What is the nature of the work used? How much will you use? What effect would this have on the market for the original? Use a checklist.

10. What is the TEACH Act? Law in 2002 Scope of an educator’s rights to display works and make copies “an educator may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom”

11. Using the TEACH Act Checklist provided by Gregoria Harper

12. Sources: Crews, K.D. (2008, May 14). Fair use checklist. Retrieved from http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf Harper, G.K. (2007). Copyright crash course: Building on others’ creative expression. Retrieved from http://copyright.lib.utexas.edu/index.html#build