Download - Copyright crash course by laura rivera
Copyright Crash Course
Laura Rivera
EDTC-6340-62
USING MATERIALS FROM
THE INTERNET
Copyright law governs the use of materials you
might find on the Internet, just as it governs the use
of books, video or music in the analog world.
COPYRIGHT PROTECTION
Once expression is committed to a tangible
medium (and computer media is considered
tangible), copyright protection is automatic.
Postings of all kinds are protected the same
as published printed works.
IMPLIED LICENSES
Author should reasonably expect that it will be
read, downloaded, printed out, forwarded, and even used
as the basis for other works to some degree.
Boundaries are vague
Vital to the operation of the Internet
EXPRESS LICENSES
Spell out in detail what rights the author of a work wants readers,
viewers or listeners to have.
Can easily give works an express license by attaching a Creative
Commons license to the materials you post.
Sends the message that you want your materials to be part of the
flow of creativity
LIABILITY FOR POSTING
INFRINGING WORKS
Individuals can be liable for their own actions when they copy and
distribute others' copyrighted works without permission
Universities and libraries can be liable for the actions of their
employees and students who access the Internet through their
machines.
Universities and libraries must pay attention to what their network
users are doing
THE ROLE OF FAIR USE
It balances authors' rights to
reasonable compensation with the
public's rights to the ideas contained in
copyrighted works.
INDIVIDUAL LIABILITY
FOR INFRINGEMENTFirst Steps
1. Is the work protected?
2. If the work is protected, has your campus already licensed rights for you to use the
work?
3. Is the work available freely on the open Web, and therefor covered by an implied license?
4. Has the owner of the work used a Creative Commons license (or similar) to give the
public the right to use the work in the way that you would like to use it?
5. If you don't have express or implied rights, do you want to exercise one of the owners
exclusive rights?
6. Is your use exempt or excused from liability for infringement?
FAIR USE EXEMPTION
Coursepacks, reserves, course management systems
and other platforms for distributing course content
Digitizing and using images and audiovisual
resources for educational purposes
Digitizing and using other's works creatively
Research copies
FOUR FACTOR TEST FOR
FAIR USE
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 widespread?
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.
THE TEACH ACT
An educator may show or perform any work related to the
curriculum, regardless of the medium, face-to-face in the
classroom.
There are no limits and no permission required.
The same educator would have to pare down the materials
for distant students.
SOURCES
Harper, G. K., The Copyright Crash Course: Building on other’s creative expression.
(2007).
This work is licensed under the Creative Commons Attribution 3.0 United States License.
To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/us/ or
send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California,
94041, USA.