1. Get Permission or Pay the Price.
Alberto Tudόn

2. Get Permission or Pay the Price.
Don’t be
this guy

3. Training Agenda
Training Expectations:
The Public Domain and Orphan Works
Why all works can’t be digitized.
Content on the Web
Content and public domain
Fair use
Available licenses
The Teach Act
Laws and their impact
Getting Permission
How to get it
Sources
Sources used to develop this presentation

4. The Public Domain and Orphan Works
Why all works can’t be digitized.
• How is an orphan work determined?

5. The Public Domain and Orphan Works
Why all works can’t be digitized.
• A reasonable search for
the author is done and
none is found.

6. The Public Domain and Orphan Works
Why all works can’t be digitized.
The owner’s right.

7. The Public Domain and Orphan Works Cont.
Why all works can’t be digitized.
• What libraries are doing about orphan works
Searching for authors Make a calculated Post with restriction
risk

8. Content on the Web
• Using materials from the Internet
 Copyright notice no longer
required
 All works are protected
whether digital or not
 Assume everything is a
published printed work

9. Content on the Web Cont.
Implied license
 Might be confusing
 Not specific
 Misleading to public

10. Content on the Web Cont.
Express License
 Very specific
 Allowsfor flow of creativity.

11. Content on the Web Cont.
Liability for posting infringing work
 Individuals
can be sued
 Universities
are liable for
student
infringement

12. Fair Use
The licenses that are available and sources
Copyright Clearance Author
Libraries
Center
Subscription Transaction Creative Commons
licenses licenses licenses

13. Fair Use Cont.
The licenses that are available to the public
• Penalty
for use
without consent.
 $150,000.00

14. The TEACH Act
The impact copyright laws have had on distance education
TEACH Act of 2002
 DVD clips must be
made to an analog
recording device only.
 Digital clips must be
kept in a digital
format with
technological
protection.

15. Getting Permission
Sources for collections of images
 Academic Image
Cooperative
 American Society of
Media Photographers
 Artists Rights Society
 Aurora Picture
Network International
 Media Image Resource
Alliance
 Visual Arts and Gallery
Association

16. Getting Permission Cont.
Some misconceptions about using music in education
 Most colleges and
universities do pay a fee
to use music but only for
a very limited use.
 They are not allowed to play
music in a dramatic setting
like a play or dance without
obtaining permission first.

17. We can do it.
Together
Together we can ensure that our students complete the
necessary work without placing themselves in a legal
predicament..

18. Sources
Sources used to develop this presentation
• Georgia, H., (2011, Sept. 4 ). Copyright Crash Course. Retrieved
from http://copyright.lib.utexas.edu/pdandorphan.html.
• Georgia, H., (2011, Sept. 4 ). Obtaining Rights to Produce a Play
or Musical or use live music in performance Retrieved from
http://copyright.lib.utexas.edu/perform.html.
• Georgia, H., (2011, Sept. 4 ). Fair Use of Copyrighted Materials.
Retrieved from http://copyright.lib.utexas.edu/copypol2.html.
• Georgia, H., (2011, Sept. 4 ). The TEACH Act. Retrieved from
http://copyright.lib.utexas.edu/teachact.html.
• Georgia, H., (2011, Sept. 4 ). Getting Permission. Retrieved from
http://copyright.lib.utexas.edu/permissn.html.