Public Domain – a work that is free to the public because it has no copyright.

Orphan Works – the copyright owner is unidentifiable

Nonprofit organizations will not digitize orphan works because copyright owners have convinced legislators to lock up their works.

Overprotection of the work is just as destructive as under protection

A common assumption that is wrong

Everything on the Internet is part of the public domain.

Implied License

Express License

According to the Merriam-Webster Dictionary “Fair use is when sections of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner.”

Liability for Infringement

A court can award up to $150,00 for each separate act of “willful infringement.”

“Willful infringement” is when you know you were infringing on someone’s work. Ignorance of the law is no excuse.

Answer these 3 questions.

1. Is the work protected?

2. If the work is protected, has your campus already licensed right for you to use the work?

3. Is the work available freely on the Internet, so it is covered by an implied license?

Has the owner of the work used a Creative Commons license to give the public the right to use the work in the way that you would like to use it?

If you don’t have express or implied rights, do you want to exercise one of the owner’s exclusive rights?

Is your use exempt or excused from liability for infringement?

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.

Fair Use Copyright owner favored

Nonprofit Criticism Commercial

Educational Commentary

Personal News reporting

Parody

Otherwise “transformative” use

Fair Use Copyright owner favored

Fact A mixture of fact and imaginative.

Imaginative

Published Unpublished

Fair Use Copyright owner favored

Small amount More than a small amount

Fair Use Copyright Owner

Password protection: technologicalprotection; limited time use

Proposed use is transformative and not merely duplicative

Competes with (takes away sales from) the original

Original is out of print or otherwise unavailable

Avoids payment for permission (royalties) in an established permissions market

Copyright owner is unidentifiable

No ready market for permission

Became law in 2002.

The TEACH Act covers works a teacher would show or play during class.

It does not cover materials a teacher wants students to read, study, listen to, or watch on their own time out of the classroom.

Visit http://copyright.lib.utexas.edu/permissn.html for a list of organizations that you can contact in obtaining permission.

This website will also provide information on how to properly obtain permission from a copyright owner.

Harper, Georgia K. Copyright Crash Course University of Texas

Merriam-Webster Dictionary retrieved from http://www.merriam-webster.com/dictionary/fair%20use