1. Copyright: The Essentials
Amanda Lerma
EDTC 6340

2. Image from Kulinski, D. (2009, July 8). Law. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/7729940@N06/3702244942/
(Harper, 2007)
Legally using material

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. Image from MacEntee, S. (2012, April 25). iPad and iphone. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/smemon/7118761213/
Digitization
(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
• Use available tools that help identify works in the public
domain
• 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?
– Works are expected to be read, downloaded,
forwarded, or printed out
– Vague boundaries
• What are express licenses?
- Clearly define rights of readers, viewers, or listeners
to possess
(Harper, 2007)

9. Creative commons
(Harper, 2007)
Image from Alexanderson, K. (2011, July 31). Creative Commons. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/kalexanderson/5996465579/

10. 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)

11. 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
• Works covered by implied licenses
(Harper, 2007)

12. 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)

13. Four factor fair use test
1. Character
2. Nature
3. Quantity
4. Market
(Harper, 2007)

14. 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)

15. Getting permission
• Copyright Clearance Center (CCC)
• Contacting the owner
• Unidentifiable owner
(Harper, 2007)

16. References
Alexanderson, K. (2011, July 31). Creative Commons [Photograph]. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/kalexanderson/5996465579/
Harper, G. (2001, 2007). Copyright crash course. University of Texas Libraries.
Retrieved from http://copyright.lib.utexas.edu/index.html
Kulinski, D. (2009, July 8). Law [Photograph]. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/7729940@N06/3702244942/
MacEntee, S. (2012, April 25). iPad and iphone [Photograph]. Available under a
Creative Commons Attribution 3.0 Unported License. Retrieved from
http://www.flickr.com/photos/smemon/7118761213/