This document discusses copyright and fair use of creative works. It covers topics such as works in the public domain, orphan works that lack ownership identification, implied licenses for Internet use, determining copyright status by publication date, and the fair use factors. The TEACH Act provides additional rights for educators to display and perform copyrighted works in the classroom if specific criteria are met. Getting explicit permission can be difficult and alternative options like subscription licenses or the fair use defense are explored.

1. Copyright Crash Course building on others’ creative expression

2. The Public Domain and Orphan Works Developing better tools to identify those works that actually are in the public domain. Free those works that are in the public domain but not identified as such. Orphan works by definition often lack sufficient information to identify their owners.

3. Using materials from the Internet Copyright protection is automatic: Neither a publication nor a notice of any kind is required to protect works today. By posting an author impliedly grants a limited license for the use of the work. Commercial use it’s not part of an implied license. Implied licenses are vague.

4. Fair use of copyrighted materials Fair use is better described as a shadowy territory whose boundaries are disputed. Any work published on or before Dec. 31, 1922 is now in the public domain. Works published between Jan. 1, 1923 to Dec. 31, 1978 are protected 95 yrs. after published date. After 1978 works are protected after 70 years from the date the author dies.

5. Fair use of copyrighted materials The four fair use factors: 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 use have on the market for the original or for permissions if the use were widespread?

7. Materials are specifically for students

8. Only students will have access to materials.

10. The Copyright Crash Course ©2001, 2007 Georgia K. harper