PPT

1. Copyright
“Building on others’ Creative Expression”
By Felipe O. Reyes
EDTC 6340, Fall 2012

2. Presentation Outline
Copyright in today’s Environment
Types of intellectual property
Copyright Infringement
Concept of Public Domain
Fair Use
The TEACH ACT
Getting Permission
Images
References
EDTC 6340, Fall 2012

3. Copyright
Many people assume that everything posted on the
Internet is public domain, probably because our law
used to protect published works only if they
displayed the proper copyright notice upon
publication.
The law, however, has changed: 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 (Harper, 2007).
EDTC 6340, Fall 2012

4. In today’s Environment
Copyright law is intended to be "technology neutral”,
but despite that, technological development is clearly
putting pressure on certain aspects of copyright.
Readily available technological tools make digital
copying and distribution simple and seamless.
This can make the legal "obstacles" to the full use of
those tools resulting from the need to comply with
copyright seem inconvenient and archaic. (Wasoff,
2011).
EDTC 6340, Fall 2012

5. Intellectual Property
Creations of the mind for which
exclusive rights are recognized in law, in
which owners are granted certain
exclusive rights to a variety of intangible
assets such as musical, literary, and
artistic works; discoveries and
inventions; and words, phrases,
symbols and designs (Wikipedia)
EDTC 6340, Fall 2012

6. Copyright Infringement
Copyright infringement occurs when a
copyrighted work is reproduced,
distributed, performed, publicly
displayed, or made into a derivative
work without the permission of the
copyright owner.
(http://www.copyright.gov/help/faq/faq-
definitions.html)
EDTC 6340, Fall 2012

7. Concept of Public Domain
A public domain work is a creative work that is
not protected by copyright and which may be
freely used by everyone. The reasons that the
work is not protected include:
(1) the term of copyright has expired;
(2) the author failed to satisfy statutory
formalities to perfect the copyright or
(3) the work is a work of the U.S.
Government (Gasaway, 2003)
EDTC 6340, Fall 2012

8. Fair Use
The Best Practices statements follow recent trends in
court decisions in collapsing the Fair Use Statute's
four factors into two questions: 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? Transformative uses that repurpose no more
of a work than is needed to make the point, or
achieve the purpose, are generally fair use (Harper,
2007).
EDTC 6340, Fall 2012

9. Fair Use
In cases where “re-purpose” is not the intent, we
also look at whether the copyright owner makes
licenses to use his/her work available on the open
market -- whether there is an efficient and effective
way to get a license that lets us do what we want to
do.
If not, the lack of the kind of license we need to use
the materials supports our relying on fair use due to
the market's failure to meet our needs (Harper,
2007).
EDTC 6340, Fall 2012

10. The 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.
An educator may show or perform any work related to the
curriculum, regardless of the medium, face-to-face in the
classroom - still images, music of every kind, even movies.
There are no limits and no permission required (Harper,
2007).
EDTC 6340, Fall 2012

11. Getting Permission
If the work is part of a book or a journal article, check the
Copyright Clearance Center (CCC) . The CCC offers
electronic permission services as well as a subscription
license that covers typical institutional use of works for the
classroom of all the works in the license repertoire. If the
work you want is registered with the CCC you can get
permission instantly for most materials (Harper, 2007).
If you know who the author and the publisher are, you can
contact them directly. Wake Forest University maintains a
site with links to many publishers. Project Acom provides
extremely helpful information about how to find copyright
owners as does UT Austin’s Harry Ranson Humanities
Research Center (Harper, 2007).
EDTC 6340, Fall 2012

12. Images
There are only a few collections specifically devoted to
educators, these are a sampling of your options.
Academic Image Cooperative
Allan Kohl's Art Images for College Teaching
American Society of Media Photographers
Artists Rights Foundation
Artists Rights Society
ARTstor
EDTC 6340, Fall 2012

13. References
Harper, G. K., The Copyright Crash Course, 2007, retrieved from
http://copyright.lib.utexas.edu/index.html#build
Gasaway, L., WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN,
University of North Carolina, 2003, retrieved from
http://www.unc.edu/~unclng/public-d.htm
Wasoff, L. F., Symposium: Collective Management of Copyright:
Solution or Sacrifice?: If Mass Digitization Is the Problem, Is Legislation
the Solution? Some Practical Considerations Related to Copyright,
Summer, 2011, Columbia Journal of Law & the Arts, 34 Colum. J.L. &
Arts 731, Abstract retrieved from
http://www.nclis.gov/digitalization/MassDigitalizationSymposium-
Report.pdf
EDTC 6340, Fall 2012