4. Orphan Works
"Orphan Works" are
copyrighted works—
books, music, records, f
ilms, etc—whose owner
cannot be located.
Works can become
"orphaned" for a
number of reasons: the
owner did not register
the work, the owner
sold rights in the work
and did not register the
transfer, or the owner
died and his heirs
cannot be found.”
("Orphan works," 2011)
7. Fair Use
“It balances authors' rights to reasonable compensation
with the public's rights to the ideas contained in
copyrighted works. It used to be safe to say that
reasonable analog educational, research and
scholarly uses were fair uses.”
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?
(Harper, 2007)
8. The Teach Act
The TEACH Act expands the scope of
educators' rights to perform and display works
and to make the copies integral to such
performances and displays for digital distance
education, making the rights closer.
Under 110(2), however, even as revised and
expanded, the same educator would have to
pare down some of those materials to show
them to distant students
11. References
Copyright and fair use in the umuc online or face-to-face classroom.
(2011, January 28). Retrieved from
http://www.umuc.edu/library/libhow/copyright.cfm
Fishman, S. (2008). The copyright handbook: What every writer needs
to know. Berkeley, CA: Nolo.
Harper, G. (2007). Copyright crash course. Retrieved from
http://copyright.lib.utexas.edu/
Loren, L.P. (2000). The purpose of copyright. Open Spaces
Quarterly, 2(1). Retrieved from http://www.open-spaces.com/
Orphan works. (2011). Retrieved from
http://www.publicknowledge.org/issues/ow
What is creative commons. (2013). Retrieved from
http://creativecommons.org/
welcome to the commons. (2013). Retrieved from
http://www.oercommons.org/
Notas del editor
“Simply put, "copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used" (Fishman, 2008, p. 6).The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works (Loren, 2000, para. 12).” ("Copyright and fair," 2011)
“Copyright owners should be more realistic about the debt they owe to others: no author creates out of thin air.” (Harper, 2007)
“Once expression is committed to a tangible medium (and computer media is considered tangible), copyright protection is automatic. So, postings of all kinds are protected the same as published printed works.” (Harper, 2007)
“Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools…Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.” ("What is creative," 2013)
What is the problem we are trying to solve?“The Best Practices statements follow recent trends in court decisions in collapsing the Fair Use Statute's four factors into two questions: Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?” (Harper, 2007)
“The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching. But there is still a considerable gap between what the statute authorizes for face-to-face teaching and for distance education. For example, as indicated above, an educator may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom - still images, music of every kind, even movies. There are no limits and no permission required. Under 110(2), however, even as revised and expanded, the same educator would have to pare down some of those materials to show them to distant students or make them available over the Internet to face-to-face students. The audiovisual works and dramatic musical works may only be shown as clips -- "reasonable and limited portions," the Act says.” (Harper, 2007)
“Not everyone, nor every work, is covered. Section 110(2) only applies to accredited nonprofit educational institutions. The rights granted do not extend to the use of works primarily produced or marketed for in-class use in the digital distance education market; works the instructor knows or has reason to believe were not lawfully made or acquired; or textbooks, course packs and other materials typically purchased by students individually.” (Harper, 2007)
My institution is a nonprofit accredited educational institution or a governmental agencyIt has a policy on the use of copyrighted materialsIt provides accurate information to faculty, students and staff about copyrightIts systems will not interfere with technological controls within the materials I want to useThe materials I want to use are specifically for students in my classOnly those students will have access to the materialsThe materials will be provided at my direction during the relevant lessonThe materials are directly related and of material assistance to my teaching contentMy class is part of the regular offerings of my institutionI will include a notice that the materials are protected by copyrightI will use technology that reasonably limits the students' ability to retain or further distribute the materialsI will make the materials available to the students only for a period of time that is relevant to the context of a class sessionI will store the materials on a secure server and transmit them only as permitted by this lawI will not make any copies other than the one I need to make the transmissionThe materials are of the proper type and amount the law authorizes:Entire performances of no dramatic literary and musical worksReasonable and limited parts of a dramatic literary, musical, or audiovisual worksDisplays of other works, such as images, in amounts similar to typical displays in face-to-face teachingThe materials are not among those the law specifically excludes from its coverage:Materials specifically marketed for classroom use for digital distance education Copies I know or should know are illegalTextbooks, course packs, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class sessionIf I am using an analog original, I checked before digitizing it to be sure:I copied only the amount that I am authorized to transmit There is no digital copy of the work available except with technological protections that prevent my using it for theclass in the way the statute authorizes(Harper, 2007)
