2. 4/7/2014 2
• About Copyright
• Materials found on the Open Web
• Public Domain, Fair Use
• Open Access, Creative Commons
• Finding Materials for Courses
• Open Web and PubMed Central
• Linking
• Licensed Materials (in our Library)
• Materials found though Library Resources
(catalog, databases, etc.)
• Types of Materials
• Single- and Multi-User Licenses
• Linking
• Reserves
3. Disclaimer
The following content is advice based on
local expertise and widely adopted best
practice. Neither this presentation nor any
advice provided by UTA Libraries’ Services
staff constitute legal advice.
4/7/2014Footer Text 3
4. “Copyright is a form of protection grounded
in the U.S. Constitution and granted by law for
original works of authorship fixed in a tangible
medium of expression. Copyright covers both
published and unpublished works. ”
via copyright.gov
4/7/2014 4
Image via
http://ygraph.com/chart/2306
5. Copyright
• All Rights are Reserved
o This means you must ask for permission for any use not covered by Fair Use
o Without the copyright holder's permission, the work cannot be
• Used
• Adapted
• Copied
• Published
• Modified
4/7/2014
Image via Cory Doctorow
http://flic.kr/p/c1fe
5
6. Open Web Materials
• Materials found online, outside of the
library’s resources.
• These materials may be copyrighted
o Free from copyright
• Public Domain
o Copyrighted
• Fair Use
• Creative Commons
• Open Access
4/7/2014 6
7. Public Domain
o These works are unavailable to private ownership, or
are publicly available. This occurs when intellectual
property rights
• have expired
• are forfeited
• or are inapplicable
o Examples:
• Expired, created
before 1923:
Notes on Nursing by Florence Nightingale (published
1860)
• Inapplicable: Works by the United States
Government are considered public domain
4/7/2014 7
Image via USCapitol
https://flic.kr/p/mEU9QZ
8. Public Domain
o You do not need to request permission or pay a license fee
to use these works; and, for the most part, you can use
these works in any way you wish because they are not
covered by copyright law.
o Derivative works – No restriction in the public domain
• Translation
• Dramatization
4/7/2014 8
9. Fair Use
o According to U.S. Copyright, fair use is permitted use by
exception. These are generally for comment or criticism,
reporting, teaching and scholarship, or research.
4/7/2014 9
10. Fair Use
4/7/2014 10
o The four factors that determine whether
reproduction is fair use are purpose, nature,
amount, and market.
• Purpose: Educational and non-profit
• Nature: Published, factual, nonfiction material
• Amount: Small portion of a work
• Market: Little or no effect on sales
11. Fair Use
4/7/2014 11
o Formats: Rules of thumb
• Text: 10% or 1,000 words
• Film/Animation: 10% or 30
seconds
• Image/Illustration:
complete work, but no
more than 5 from same
artist/photographer
• Data Table: 10% or 2,500
fields or cell entries
Image by Ferdinand Reus.
https://flic.kr/p/4Zg2ux
12. Moral Consideration
4/7/2014Footer Text 12
Image by Corey Theiss.
https://flic.kr/p/kBRM
o BEST PRACTICE: Do not forget attribution.
oEven when you use a work
legally, it is best practice
to provide information
about the source
• Creator of the work
• Location of the original
oAlso, be sure you are not
breaking a site’s terms of
service.
13. Open Access
4/7/2014
Image via PLOS
http://commons.wikimedia.org/wiki/File:Open_Access_PLoS.svg
13
Open-access (OA) literature is digital, online, free of charge, and
free of most copyright and licensing restrictions.
OA removes price barriers (subscriptions, licensing fees, pay-per-
view fees) and permission barriers (most copyright and licensing
restrictions).
- Peter Suber
14. Open Access
4/7/2014
Image via Tom Olijhoek
http://en.wikipedia.org/wiki/File:Journals_ranked_by_number_of_CC-
BY_licensed_articles_on_Malaria_from_2010-2011.png
14
20. Licensed Materials
(in our Library)
• License agreement
o A contract between two or more parties
stipulating permission to use materials for
a specific period and cost.
• You can use licensed electronic materials in
your classes
o Ebooks
o Articles
4/7/2014 20
25. Linking to Licensed
materials
http://libguides.uta.edu/linking
4/7/2014 25
o Include ezproxy for off-
campus students
https://login.ezproxy.uta.edu/login?url=
o Use permanent or stable
URLs
http://search.ebscohost.com/login.aspx
?direct=true&db=ccm&AN=2012421889
&site=ehost-live
Image via Ankur Sohoni
https://flic.kr/p/iXDcKY
26. Reserves
o Course Reserves
o http://pulse.uta.edu/vwebv/enterCourseReserve.do
o Guidelines
o http://www.uta.edu/library/reserves/facultyguidelines.php
o FAQ
o http://www.uta.edu/library/reserves/facultyfaq.php
o Reserves Form
o http://www.uta.edu/library/reserves/form-request.php
Questions? Email: library-reserves@listserv.uta.edu
4/7/2014 26
28. 4/7/2014 28
Presenters
• Rafia Mirza
• Digital Humanities Librarian
• rafia@uta.edu
• Peace Ossom Williamson
• STEM & Nursing Librarian
• peace@uta.edu
• Lydia Pyburn
• Off-Campus Services Librarian
• llpyburn@uta.edu
This work is licensed under a
Creative Commons Attribution-NonCommercial 3.0 Unported License.
Editor's Notes
PEACE
PEACE
Rafia, would you do the disclaimer?
http://libguides.uta.edu/copyrightRafia
http://www.copyright.gov/help/faq/faq-general.html#whatRAFIAhttp://copyright.lib.utexas.edu/teachact.htmlhttp://www.ala.org/advocacy/copyright/teachact/faqhttp://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939http://www.ala.org/Template.cfm?Section=distanceed&Template=/ContentManagement/ContentDisplay.cfm&ContentID=34705RAFIA"Technology, Education and Copyright Harmonization Act" (the TEACH Act)“The TEACH Act: Section 110(2) Of The Copyright ActThe Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law. Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point. It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows:1. Is permission required from the copyright holder?2. Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? or2. Does the proposed use fit within the transmission performance and display exception (Section 110(2)) of the Copyright Act?Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely. http://www.provost.ncsu.edu/copyright/toolkit/RAFIA
PEACE
PEACEOther examples of materials that fall in the public domain include works by Shakespeare and the King James version of the bible.Derivative works can be created from materials in the public domain without having to get permissions; however, the derivative work becomes its own separate work and copyright applies accordingly.Talk about citing photos here
PEACEOther examples of materials that fall in the public domain include works by Shakespeare and the King James version of the bible.Derivative works can be created from materials in the public domain without having to get permissions; however, the derivative work becomes its own separate work and copyright applies accordingly.Talk about citing photos here
PEACE
PEACEIn addition to the aforementioned reasons, fair use involves the following factorsThe idea of fair use operates on a continuum, in that there are situations that are clearly within fair use, e.g., a short quote in an assignment, and situations that are clearly outside of fair use, e.g., reprinting an entire book. However there are many cases that are less clear, and people may interpret it differently.
PEACE
PEACE
Rafia
Rafia
Rafia
Rafia
http://www.chillingeffects.org/linkinhttp://fairuse.stanford.edu/overview/website-permissions/linking/g/faq.cgiRafiaIt’s okay to link to other websites, but maybe in grey area if copy and paste from website and then provide the link to it. Always check on links, because they are subject to change.
http://libguides.uta.edu/linkingSometimes you may not be infringing on copyright but you may be in violation of our license agreement.
LYDIAProblems that occur with using Ebsco, only one user per book…30 minute timeoutDownload the whole book. Check with us because we can see how many users are approved or work to negotiate the license. Choose books that have option to either download PDF chapter of book or to print a certain amount of pages.Choose ebooksSTAT!Ref
LYDIAProblems that occur with using Ebsco, only one user per book…30 minute timeoutDownload the whole book. Check with us because we can see how many users are approved or work to negotiate the license. Choose books that have option to either download PDF chapter of book or to print a certain amount of pages.Choose ebooksSTAT!Ref
LYDIAProblems that occur with using Ebsco, only one user per book…30 minute timeoutDownload the whole book. Check with us because we can see how many users are approved or work to negotiate the license. Choose books that have option to either download PDF chapter of book or to print a certain amount of pages.Choose ebooksSTAT!Ref
LYDIAOr articles with PDF
LYDIAProblems that occur with using Ebsco, only one user per book…30 minute timeoutDownload the whole book. Check with us because we can see how many users are approved or work to negotiate the license. Choose ebooks
LydiaAnother course management system
[East Corridor, First Floor. Mosaic in domed lobby at head of stairway leading to ground floor, with quotation "Knowledge is power." Library of Congress Thomas Jefferson Building, Washington, D.C.] (LOC)http://www.flickr.com/photos/library_of_congress/7562151600/