This document provides an overview of copyright law and fair use guidelines for educators. It discusses the public domain and orphan works, outlines liability for posting infringing content, summarizes the four factors of fair use determination, and reviews options for obtaining permission or relying on exceptions like the TEACH Act. Educators are encouraged to carefully consider copyright status and fair use before utilizing third-party content and seek permissions when in doubt to avoid legal penalties for willful infringement.
2. Copyright? cop·y·right noun 1.theexclusiveright to make copies, license, and otherwise exploit a literary, musical,or artistic work, whether printed, audio, video, etc.: works granted suchright by law on or after January 1, 1978, are protected for the lifetime of theauthor or creator and for a period of 50 years after his or herdeath.
8. Most orphan works will remain outside the digital environment because by definition they often lack sufficient information to identify their owners, and identifying the date on which they would otherwise enter the public domain is also impossible. Often we think a work must be so old that it's bound to be public domain, but we can't be certain. The Public Domain and Orphan Works
9. Anything posted on the internet is automatically copyrighted. Anyone who posts information on the web knows his or her works will be viewed and most likely used in one way or another. This is an implied license to use the material. You can create an express license by attaching a Creative Commons license. This allows people to use your information as long as they follow the terms of the license. Using Materials from the Internet
10. Individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission. Liability for Posting Infringing Works
11. 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. Liability for Posting Infringing Works
12. This means that universities must pay attention to what their network users are doing, take effective measures to inform them about their responsibilities, and promptly investigate complaints of infringement. Liability for Posting Infringing Works
13. The penalties for infringement are harsh; the court can award up to $150,000 for each separate act of willful infringement. Willful infringement means that you knew you were infringing and you did it anyway. Ignorance of the law is not an excuse. If you do not know that you are infringing, you still will be liable for damages - only the amount of the award will be affected. Individual Liability for Infringement
14. When determining if something can be used under “fair use” the 4 factor test can be used, but be very careful because it can be very subjective. Factor 1: What is the character of the use? Factor 2: What is the nature of the work to be used? Factor 3: How much of the work will be used? Factor 4: What effect would this use have on the market for the original or for permissions if the use were widespread? What is Fair Use?
15. Do You Need Permission? Answer these 3 questions to determine whether you need permission to use a copyrighted work. Is the work protected? If the work is protected, has your campus already licensed rights for you to use the work? Is the work available freely on the open Web, and therefore covered by an implied license?
16. 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. The TEACH Act became law in 2002. The TEACH Act
17. Getting permission can be difficult, but in some cases there are steps likely to yield results. There are numerous avenues an educator can take to get permission for using copyrighted materials For more detailed information, please refer to: http://copyright.lib.utexas.edu/permissn.html How Do I Get Permission?
18. Resources “Copyright Crash Course” Written for the University of Texas By Georgia K. Harper http://copyright.lib.utexas.edu/
19. Submitted by Juanita P. Casanova EDTC 6340 Section 65 Applications of Technology Copyright
