1. COPYRIGHT: THE ESSENTIALS
Amanda Lerma
EDTC 6340

2. Can I legally use this material?
(Harper, 2007)

3. Hidden Treasures
• What are public domain works?
• Works that can be shared with the public
• What are orphan works?
• Copyright owners are unknown, unable to be located,
or unresponsive
(Harper, 2007)

4. Digitization
• Libraries, museums, and archives are undertaking all
levels of massive digitization projects to provide increased
public access to digital collections
• Companies such as Google and Amazon are working with
organizations to accelerate the availability of digital
collections
• Foundations also provide financial support for these
digitization projects
(Harper, 2007)

5. Impacts of Digitization
• Technological progressions have enhanced sharing
capabilities
• This steady technological growth has also correlated with
increased laws that tend to sequester works
• Both ends of the spectrum have promoted the importance
of developing a middle ground
(Harper, 2007)

6. Finding a Balance in Copyright
• An increasing amount of tools are available that help
identify works in the public domain
• Ex. Google Book Search, University of Texas at Austin Libraries
Public Domains Project
• The development of practices that provide clear and
reasonable searches of copyright owners of various works
• Effectively managing the issues of orphan works
(Harper, 2007)

7. Copyright Protection on the Web
• Everything available on the internet is NOT public domain
• Copyright protection is enforced once something is
created on a tangible medium (includes computer media)
(Harper, 2007)

8. Licenses to Use Internet Materials
• What are implied licenses?
• Authors reasonably expect that their works will be
read, downloaded, forwarded, or printed out
• Provide vague boundaries
• What are express licenses?
• Clearly define the rights that authors want readers, viewers, or
listeners to possess
• Creative Commons License
(Harper, 2007)

9. Liability for Copyright Infringement
• RIAA lawsuits for peer-to-peer file sharing
• Universities and libraries are accountable for the actions
of their employees
• It is vital for organizations to ensure that their employees
are informed of their responsibilities
(Harper, 2007)

10. The Role of Fair use
• What is fair use?
• The right of individuals to use copyrighted material without
permission or paying for it
• Unprotected works
• Library-licensed works
• Creative Commons licensed works
• Works covered by implied licenses
(Harper, 2007)

11. Fair Use Exemption
• Is the use you want to make of another’s work
transformative? Does it add value and repurpose the work
for a new audience?
• Is the amount of material you want to use appropriate to
achieve your transformative purpose?
(Harper, 2007)

12. Four Factor Fair Use Test
• What is the character of the use?
• What is the nature of the work to be used?
• How much of the work will you use?
• What effect would this have on the market for the originals
or for the permissions if the use were widespread?
(Harper, 2007)

13. The Teach Act
• Allows educators to display and perform others’ works in
the classroom with limitations for distance education
environments
• Expanded rights from Section 110(2)
• Exclusions from coverage
(Harper, 2007)

14. Getting Permission
• Copyright Clearance Center (CCC)
• Provides electronic and photocopy based permissions services and
subscription licenses for typical institutional use
• Contacting the owner
• Wake Forest University, Project Acorn, and UT Austin provide services
to help locate owners
• Unidentifiable owner
• Copyright infringement can still be enforced regardless of an
unsuccessful search for the owner
(Harper, 2007)

15. References
Harper, G. (2001, 2007). Copyright crash course.
University of Texas Libraries. Retrieved from
http://copyright.lib.utexas.edu/index.html