Tag Archives: fair use

USPTO Hosts Unbalanced Global Intellectual Property Academy Copyright Seminar

Several weeks ago, the United States Patent and Trademark Office (USPTO) hosted a copyright seminar at its Global Intellectual Property Academy for two dozen intellectual property officials primarily from countries in Latin America, Asia, and Africa. While the first several days involved an “overview” of copyright and mostly time with United States government officials, September 22 was labeled “Industry Day.” The speaker list revealed a very heavy focus on rightholders, in several cases the panels did not have any voices advocating for the importance of consumers and the role of limitations and exceptions in copyright law.

Although I appreciated the opportunity to have participated on a panel on issues related to publishing, I was disappointed to learn that USPTO planned such a highly unbalanced lineup of speakers, overall. By hosting a day almost exclusively comprised of copyright maximalists, USPTO provides its audience, intellectual property officials in other countries, only one side of the story.

Balance is critical in a functional copyright system to ensure that user rights are protected. In addition to the numerous specific limitations and exceptionsin copyright law, the United States has a strong “safety valve” in its copyright system: fair use. This flexible doctrine accommodates new technologies and circumstances. It ensures that Congress does not need to pass new legislation each time a new limitation or exception is needed. Fair use, of course, is not limited to consumers of copyrighted goods and is essential to rightholders as well. Rightholders have successfully relied on the right of fair use in litigation, even though they often complain about consumers who rely on this doctrine. The U.S. Government also relies on fair use; the Patent and Trademark Office itself relies on it in the patent examination process and for photocopying materials. Despite the importance of fair use and other limitations and exceptions, the panels appeared to be heavily skewed only toward discussing the rights of rightholders. Absent from these panels were voices like documentary filmmakers, remix artists, consumer groups and others who would provide different perspectives from the traditional content industry and give the audience a more balanced view of the United States copyright system.

On my own panel, the other speakers included Allan Adler of the Association of American Publishers (AAP), Ryan Fox of the Authors Guild, and Michael Healy of the Copyright Clearance Center (CCC).  All of these groups strongly advocate for greater rights of rightholders and have been involved in recent cases opposing fair use (such as Authors Guild v. HathiTrust or the Georgia State E-Reserves Case), as parties to the case, as amici, or by funding the litigation (or some combination).

These USPTO seminars would benefit from a more diverse groups of speakers who can provide meaningful balance.

Below is the full list of topics and speakers from “Industry Day”

Overview of Key Issues facing the Music Industry

Part 1: Efficient and fair licensing, collection and distribution of royalties

Tim Dadson, Assistant General Counsel, SoundExchange

Erich Carey, Vice President & Senior Counsel, Litigation at National Music Publishers’ Association (NMPA)

Part 2: Sound recording licensing

Steve Marks, Chief, Digital Business & General Counsel, RIAA

Greg Barnes, General Counsel and Director of Governmental Affairs, Digital Media Association (DiMA)

Overview of Key Issues facing the Audiovisual (Film) Industry

Kevin Rosenbaum, Of Counsel, Mitchell Silberberg & Knupp LLP; Counsel to the International Intellectual Property Alliance (IIPA)

Troy Dow, Vice President and Counsel, Government Relations and IP Legal Policy and Strategy, The Walt Disney Company

Paula Karol Pinha, Director of Public Policy, Latin America -Netflix (invited)

Overview of Key Issues facing the Software Industries

Ben Golant, Entertainment Software Association (ESA)

Christian Troncoso, Director of Policy, Business Software Association (BSA) | The Software Alliance

Chris Mohr, Vice President for Intellectual Property and General Counsel, Software and Information Industry Association (SIIA)

Overview of Key Issues facing Photographers and Visual Artists

Joshua J. Kaufman, Chair, Art, Copyright & Licensing Practices, Venable LLP

Tom Kennedy, Executive Director, American Society of Media Photographers (ASMP)

Overview of Key Issues facing the Publishing Industry

Michael Healey, Executive Director, International Relations, Copyright Clearance Center (CCC)

Allan Adler, General Counsel and Vice President for Government Affairs, Association of American Publishers (AAP)

Ryan Fox, Editorial Director, Author’s Guild

Krista Cox, Director of Public Policy Initiatives, Association of Research Libraries

ICYMI: District Court Denies Oracle’s Move to Overturn Fair Use Ruling in Favor of Google

On May 26, 2016, a jury ruled in favor of Google’s use of Java’s API in its Android system, finding that the inclusion of the code was fair use.  Oracle filed a motion for judgment as a matter of law, arguing that no reasonable jury could have found against Oracle.  Last week, the district court judge denied Oracle’s motion.

Jonathan Band has a really great analysis of the district court’s twenty page order applying fair use to the case on the DisCo Project blog: “Sanity Prevails Again, Part II: The District Court Leaves the Oracle v. Google Fair Use Verdict In Place.”

Google Wins Another Fair Use Case

On May 26, 2016, a jury returned a verdict in favor of Google in its battle against Oracle.  Oracle brought suit claiming that Google infringed  by using Java application programming interface (API) in Android’s mobile operating system.  Google argued that its use of the code in the Android system, which relies partly on Java (an open source code that was acquired by Oracle in 2010), was fair use.

After three days of deliberation, the ten jurors unanimously returned a verdict in favor of Google, answering “yes” to the question of whether the use of Java API’s was fair use.

The jury’s decision is a welcome one and another win for fair use, particularly as developers continue to rely on open source languages to build new technologies.  This case demonstrates yet again why fair use has been called the “safety valve” of copyright, supporting the evolution and development of new technology.

For further reading:

Ars Technica: Google Beats Oracle–Android makes “fair use” of Java APIs

EFF: EFF Applauds Jury Verdict In Favor of Fair Use in Oracle v. Google

DisCo Project: Sanity Wins Again: The Jury Verdict on Oracle v. Google 

Australian Productivity Commission Recommends Fair Use, Shorter Copyright Terms

On April 29, 2016, the Australian Productivity Commission issued a nearly 600 page draft report on Intellectual Property Arrangements recommending a number of positive changes to provide better balance to the intellectual property system, including recommendations on fair use, shorter copyright terms, and specifying that copyright licensing does not override limitations and exceptions for libraries and archives.

In the overview, while the Commission acknowledges the importance of incentivizing creation, the report also notes that

the use of an idea by one party does not reduce its capacity for use by another, and and that ideas provide economic and social value as other parties draw on existing knowledge to create their own.  Since new ideas are a major source of economic growth, any defects in IP arrangements intended to encourage their creation and diffusion can be very costly

[ . . .]

Indeed, overly strong restrictions on diffusion can be so detrimental to innovation that it can undo the benefits of the IP system in the first place . . .

The Commission begins a section entitled “Copy(not)right” by pointing out that “Australia’s copyright arrangements are weighed too heavily in favour of copyright owners, to the detriment of the long-term interests of both consumers and intermediate users.”  Much of the framework emphasizes balance and also recognizes the need for adaptability.

The Commission’s report also points out the importance of erring on the side of weaker IP protections because:

Recent experience would also tend to suggest that it is easier to extend IP rights than narrow them, especially where international agreements are concerned.  Given the asymmetric nature of how policy can be changed, the Commission considers it is appropriate “to err on the side of caution” where there is imperfect information, and deliberately set weaker parameters in the way that rights are assigned, used or enforced.  Extending rights should only occur after careful consideration of how such a change might affect future innovations, whether IP rights are the best way to drive the desired outcome, and how it might affect the greater number of consumers relative to producers of IP.

Ultimately, “the current Copyright Act is weighted too heavily in favor of copyright owners, to the detriment of the long-term interests of users.”

Fair Use

The Commission examines fair use and fair dealing exceptions and explains that Australia’s fair dealing exception provides a closed list of uses.  The US fair use approach, by contrast, relies on factors to determine whether the exception applies.  Thus, “In Australia, legislative change is required to expand the categories of use deemed to be fair.  In contrast, US courts have latitude to determine if, on the facts, a new use of copyright material is fair.  This allows the exception to be flexible and adaptive over time.”

The draft report includes a illustrative list of uses considered to be fair use in the US which would require a license in Australia, as it is not permitted by the current fair dealing provision.  These uses include: an internet search engine’s publication of thumbnail images in search results; an author’s quotation of unpublished letters in a biography; an artist’s collage using images from a photography book; a searchable database of TV clips; the use of scenes from a film for a biographical film about the lead actor; text and data mining, among others.

The Commission rejects the argument that fair use is too uncertain and therefore should not be adopted:

In the Commission’s view, legal uncertainty is not a compelling reason to eschew a fair use exception in Australia, nor is legal certainty desirable in and of itself.  Courts interpret the application of legislative principles to new cases all the time, updating case law when the circumstances warrant it.  To say otherwise would be to argue that all laws should be prescriptive — a doctrine that is inconsistent with many laws across all social and economic arenas, and completely inimical to the common law.  In addition, even under a fair use regime it is possible to specify a non-exhaustive list of illustrative purposes which provides strong guidance to parties.

Additionally, the Commission points out that there are similarities between the US’ fair use factors and the factors within Australia’s current fair dealing exception for research or study and that fair use may not be as uncertain as suggested.  The report points out that, while not binding, Australia could also look to US court opinions for guidance on fair use.

In 2014, the Australia Law Reform Commission recommended inclusion of a fair use provision with illustrative examples including those found in the US fair use statutes as well as parody or satire; professional advice; quotation; non-commercial private use; incidental or technical use; library or archive use; and access for people with disabilities.  The Productivity Commission states that “the ALRC’s recommendation on fair use represents the minimum level of change the Australian Government should pursue” and recommends expansion of a fair use provision to apply to orphan works and out-of-commerce works (meaning that these would be included in the non-exhaustive illustrative list of purposes).

Explaining the problem of orphan works, the Commission states that it “is not aware of any country that has fully resolved the issue of orphan and unavailable works” then examines the three approaches others are considering including: requiring a statutory license, creating an exception for the use of orphan works (such as the EU directive) and limitations on damages and remedies (proposed by the US Copyright Office).  The draft report concludes:

in the case of orphan and out-of-commerce works, creators are not actively exploiting their creation in order to generate an economic return.  Proposals to create licensing schemes, whereby consumers can pay to access such works, is one approach to unlocking their value, but likely represents a windfall gain to producers.  The Commission considers it unlikely that a creator, prior to investing the time and effort in a new work, does so on the basis that their work will have an initial commercial life, a period ‘out of the market’, and a subsequent revival perhaps decades down the track.  While this does occur for many works, it is largely by happenstance rather than design.

The Commission recommends that, “At its heart, Australia’s exception for fair use should allow all uses of copyright material that do not materially reduce a rights holder’s commercial exploitation of their work at the time of use.”

Copyright Term

The Commission’s report points out that a copyright term of life of the author plus 70 years is excessive.  While it acknowledges that Australia is bound to its long copyright terms as a result of trade agreements, it recommends international negotiations to lower the term.  The Commission notes:

An effective and efficient copyright system sets term at a level that encourages creation without unduly constraining access to creative works.  Since it is not possible to define terms specific to each given work, an “optimal” term is a period that, on average, creates reasonable incentives for creation while avoiding the consumer losses associated with exclusivity.  The situation is conceptually similar to that apply to patents.  Australia’s copyright term provides protection for the author’s life plus 70 years . . . Providing financial incentives so far into the future has little influence on today’s decision to produce.  For example, the addition of twenty years of protection many years in the future, such as occurred when Australia increased term from life plus 50 years to life plus 70 years . . . only increases revenue by 0.33per cent.  Such a small increase in revenue “offers at most a very small additional incentive for an economically minded author of a new work.” (citations omitted)

The Commission also reports that “evidence suggests the vast majority of works do not make commercial returns beyond their first couple of years on the market” and that the average commercial life of music is 2-5 years, for literary works 1.4-5 years, for visual artistic works 2 years, and for film 3.3-6 years.

In addition to the financial costs of copyright term extension in which consumers pay higher prices for a longer period of time, the report also acknowledges other costs such as orphan works.

Ultimately, the Commission finds that “While hard to pinpoint an optimal copyright term, a more reasonable estimate would be closer to 15 to 25 years after creation; considerably less than 70 years after death.”  The Commission acknowledges, however, that “Australia has no unilateral capacity to alter copyright terms, but can negotiate internationally to lower the copyright term” and “the Commission considers that there are strong grounds ofr Australia to work with other countries to attempt, over the long term, to achieve a system that gives greater recognition to consumer interests.”

Relationship Between Contracts and Limitations and Exceptions

The Commission examines the Australian Law Reform Commission’s 2014 recommendation that would prevent copyright licenses from relying on limitations and exceptions and concludes:

exceptions play an important role in balancing the interests of copyright producers and users.  Given the evidence presented by the Australian Libraries Copyright Committee, the Council of Australian University Libraries and National and State Libraries Australasia, the problems appear to mainly relate to libraries and archives, rather than other users.  Given this, the Commission considers that copyright license in the digital world should maintain the copyright exceptions for libraries and archives.

Because “It is less clear license conditions for digital content are undermining consumers’ ability to use Australia’s current copyright exceptions,” the Commission requests more information on this issue beyond the impact on libraries and archives.

Parallel Importation

The Commission also recommends repeal of Australia’s parallel importation restrictions on books and that the reform take effect no later than the end of 2017.

Trade Agreements

The draft report points out some of the harms of increasing intellectual property rights in trade agreements.  For example, with respect to copyright term extension implemented as a result of the Australia-US Free Trade Agreement, the estimated cost to Australia was $88 million per year.  The report points out that “A similar obligation to New Zealand as a result of the Trans-Pacific Partnership was estimated to cost $55 million per year.”

Another key point from the report was that “Multilateral and bilateral trade agreements are the primary determinant of Australia’s IP arrangements.  These agreements substantially constrain domestic IP policy flexibility.”

Supreme Court denies Authors Guild Petition for Certiorari

The Supreme Court of the United States has denied the Authors Guild for petition of certiorari in Authors Guild v. Google.  This decision leaves the Second Circuit’s opinion affirming fair use in the Google Books case intact.  In the Second Circuit’s opinion from October 2015, the court released its unanimous opinion, authored by Judge Leval, affirming that Google’s copying of books and display of snippets in a search index is transformative and a fair use.  Additionally, the Second Circuit found that Google’s provision of digital copies to its partner libraries that submitted the particular work is not an infringement.

A Deeper Dive Into the New Georgia State Decision

Last week, on March 31, 2016, the District Court for the Northern District of Georgia released its opinion on remand in the Georgia State University e-reserves case.  The case had been remanded to the district court in October 2014 when the Eleventh Circuit directed the lower court to use a revised methodology for determining whether fair use applied.

While the district court originally found in 2012 that of the 99 instances of claimed infringement, 94 were non-infringing, in the new opinion only 48 cases were evaluated (due to the fact that the original ruling found that either no prima facie case for infringement had been made and the publishers did not appeal this portion of the ruling).  The new opinion’s conclusion finds that 41 of the 48 cases are fair uses, though as others have pointed out (and is discussed in an example below), some of the listed cases of infringement in the summary were found to be fair uses in the text of the opinion.  In fact, in reading the full opinion, it appears that 44 of the 48 cases were found to be fair uses.

Before doing a fair use analysis on each individual claimed infringement, Judge Evans explains here approach.  She notes that she will evaluate each factor individually, then weigh them together.  She also states that the analysis applied “will be specific to the nonprofit educational purpose of teaching and the nontransformative nature of the use (mirror image copying).”   This point is an important one as the analysis would not be the same in the vast majority of other fair use cases where the use would be considered transformative and therefore should not be used as guidance in transformative use cases.

Judge Evans explains her methodology for each factor.

Factor one: “Factor one will favor fair use in all cases.  It will not ‘strongly favor’ fair use.”

Factor two: Evaluated on the standard set by the Eleventh Circuit which requires Judge Evans to consider whether the information nature of the non-fiction books are mixed with opinion and scholarly writing.  Previously, Judge Evans presumed that the use of nonfiction works caused factor two to weigh in favor of fair use and the Eleventh Circuit rejected this presumption.  The Eleventh Circuit’s distinction between purely factual or deriving from the author’s opinions is troubling, but the appellate court acknowledged that it was a relatively unimportant factor.  Ultimately, Judge Evans finds that factor two is generally neutral and even where it weighs against fair use, because of the small weight afforded to this factor fair use may still prevail, mitigating the Eleventh Circuit’s reversal on this point.

Factor three: Factor three “will take into account the effect of the favored nonprofit educational purpose of the use under factor one, plus the impact of market substitution as recognized under factor four, in determining whether the quantity and substantiality (value) of Defendants’ unlicensed copying was excessive. All relevant record evidence will be considered; the factor three outcomes will vary.”  Factor three will no longer be guided by the approach Judge Evans took in 2012, which was rejected by the Eleventh Circuit, in using a 10%/1 chapter rule.

Factor four: Judge Evans looks to whether licenses were available in 2009 and the factor “will initially favor Plaintiffs when digital permissions were available in 2009.”  However, she notes that the Eleventh Circuit held that the Defendants may demonstrate that “demand for excerpts of a particular copyrighted work was so limited that repetitive unpaid copying of excerpts from that work would have been unlikely even if unpaid copying of excerpts was a widespread practice in colleges and universities. In such a case the actions of Defendants in using unpaid excerpts would not have caused substantial damage to the potential market for the copyrighted work to such a degree that Plaintiffs would lose the incentive to publish the work. Defendants may also seek to prove that their actions . . . . did not substantially affect the value of the copyrighted work.”

She then discusses how the factors will be weighted, with factor four being given more weight and factor two given very little weight.  The opinion states, “This Court estimates the initial, approximate respective weights of the four factors as follows: 25% for factor one, 5% for factor two, 30% for factor three, and 40% for factor four.”

Under the new framework, Judge Evans rules that four of the claims were infringing; all four were also found to be infringing the first time she considered the case and therefore it was not particularly surprising that she ruled against fair use for these claims once again.  Three of these claims involved the same text, The Sage Handbook of Qualitative Research (both the second and third editions) and were assigned by the same professor.  In these three claims, the professor requested two, four and seven full chapters be uploaded (with additional requests for excerpts amounting to less than full chapters) be uploaded, respectively.

Ultimately, the case and opinion involves the narrow case of e-reserves and its analysis would not apply to transformative use cases.  Even in the case of e-reserves, it will be difficult to evaluate the fourth factor in the manner Judge Evans going forward because the financial data disclosed as a result of the litigation is not likely to be readily available.

Kevin Smith wisely points out that despite the fact that the opinion may not be widely applicable or easy to apply, there are important takeaways one of which is that libraries should find ways to improve the fair use case:

To my mind, this means that whenever we are faced with an e-reserves request that may not fall easily into fair use, we should look at ways to improve the fair use situation before we decide to license the excerpt.  Can we link to an already licensed version?  Can we shorten the excerpts?  Buying a separate license should be a last resort.

Ultimately, this opinion may have limited value in providing guidance going forward as it applies in a narrow context and had the benefit of data that isn’t readily available.  However, it is still a win for the libraries

New Decision in Georgia State University E-Reserves Case Released; 41 of 48 Claims of Infringement Found to Be Fair Uses

On March 31, 2016, the District Court for the Northern District of Georgia released its opinion on remand in the Georgia State University e-reserves case, Cambridge University Press v. Becker.  The district court originally determined in 2012 that of the 99 instances of claimed infringement, 94 of the cases were fair use and only 5 were infringing.  The case appeared before the district court again after the Court of Appeals for the Eleventh Circuit reversed and remanded the case in October 2014, directing the trial court to revisit its fair use analysis.  The Eleventh Circuit’s opinion rejected an arithmetic approach to the four fair use factors (that is, the idea that if three of the factors favor fair use, but one disfavors fair use, then fair use will always apply).

On remand, the district court considered 48 infringement claims and revisited the fair use assertions by Georgia State University.  Judge Evans found that of the 48 claims, 41 were non-infringing fair uses.  More analysis of the opinion will be available shortly.

H/T: Kevin Smith

Fair Use/Fair Dealing Week 2016 Highlights Balance in Copyright System

*Cross-posted from ARL News*

On February 22–26, 136 organizations and numerous individuals participated in Fair Use/Fair Dealing Week 2016, an annual celebration of the important—and flexible—doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Creative Commons, the Electronic Frontier Foundation, Public Knowledge, the R Street Institute, Re:Create, and Wikimedia.

More than double the number of organizations participated in 2016 compared to 2015. Fifty ARL member libraries contributed this year, producing blog posts, comic books, and other resources, including five videos on fair use and fair dealing.

Participants celebrated the essential limitations and exceptions to copyright that fair use and fair dealing provide, allowing the use of copyrighted materials without permission from the copyright holder under certain circumstances. While fair use and fair dealing are employed on a daily basis, Fair Use/Fair Dealing Week provides a time to promote and discuss the opportunities presented, celebrate successful stories, and explain these doctrines.

Each day, new blog posts and resource materials were produced and shared. Daily roundups are available for each day of Fair Use/Fair Dealing Week and additional resources are available on the Fair Use/Fair Dealing Week website. Below are some highlights of the materials shared over the course of the week.

Fair Use/Fair Dealing Week 2017 will be held February 20–24. Plan to participate!

Resources

The Association of Research Libraries released the infographic “Fair Use in A Day In the Life of a Student.” The Center for Media & Social Impact posted the infographic “Teaching About Art.”

Kyle Courtney, Sarah Searle, and Jackie Roche of Harvard University published two comic books on two prominent fair use cases, one covering Bill Graham Archives v. DK and one on Campbell v. Acuff-Rose Music.

New Media Rights highlighted its Fair Use App for filmmakers and video creators and an accompanying blog post.

The Organization for Transformative Works collected questions over social media early in the week and compiled a Q&A about fair use.

The Youth and Media team at the Berkman Center for Internet and Society created several resources, including an infographic on the four fair use factors.

A collection of fair dealing stories from students and instructors in Canada is available at Fair Dealing Canada.

Video/Audio

Five ARL libraries—University of Tennessee, Knoxville; Columbia University; Texas A&M University; University of Massachusetts Amherst; and University of Alberta—created videos celebrating fair use and fair dealing. Additionally, University of New Brunswick produced a video explaining fair dealing.

Radio Berkman released “How Fair Use Works in Six Minutes or Less.”

MIT and Harvard held a joint panel discussion on fair use in scholarly publishing. The archive of the video is available online.

Additionally, an archived radio interview at The Ohio State University focusing on how libraries reinforce fair use is available on the WOSU website.

News/Blog Posts

Re:Create posted on Buzzfeed “19 Reasons to Be Thankful for Fair Use.”

Wikimedia provided a history of fair use on Wikipedia.

The American Library Association (ALA) posted several times throughout the week, including “Congress Stands Still; Technology, the Courts and Fair Use Marches Onwards!” and a summary of “Everyday Fair Use in Libraries.

Both Harvard and the Authors Alliance posted a new blog post each day during Fair Use Week. The Authors Alliance explained why it supports a broader view of fair use than the Authors Guild.

News also broke that the Robert Rauschenberg Foundation announced a new fair use policy to make its images more accessible to the public.

Bobby Glushko of the University of Toronto and Wanda Noel each explained a recently released decision by the Copyright Board of Canada on rate setting and fair dealing.

On the international front, the Australian Digital Alliance posted on “Why Do We Want Fair Use in Australia?” The Authors Alliance commented on international developments in fair use. EIFL (Electronic Information for Libraries) discussed the issues of fair use and fair dealing for new technologies in various countries.

Roundup from Day 5 of Fair Use Week 2016

Check out all of the great posts from Day 5 of Fair Use Week 2016! Don’t see yours? Contact us to get yours added!

Comics

Kyle K. Courtney and Sarah W. Searle, authors, and Jackie Roche, illustrator and author, “Bill Graham Archives v. DK: Music Promoter’s Archives vs. Publisher” (PDF)

Kyle K. Courtney and Sarah W. Searle, authors, and Jackie Roche, illustrator and author, “Campbell v. Acuff-Rose Music: Hip Hop Musicians vs. Music Publishers” (PDF)

Q&A

Janita Burgess, Organization for Transformative Works (OTW), “OTW Legal Answers Your Fair Use Week Questions!”

Quizzes

Brigham Young University, single-question quiz to test your understanding of whether 2 Live Crew’s parody of Roy Orbison’s song “Oh, Pretty Woman” is fair use

Blog/News Posts

ArtfixDaily Artwire blog, “The Robert Rauschenberg Foundation Announces Pioneering New Fair Use Image Policy”

Australian Digital Alliance, “Fair Use Week: Why Do We Want Fair Use in Australia?”

Casey Fiesler on Computing, Copyright, Community blog, “Remixers’ Understandings of Fair Use Online (CSCW 2014)”

Raoul Grifoni-Waterman on Authors Alliance blog, “International Fair Use Developments: Is Fair Use Going Global?”

Elliot Harmon on Electronic Frontier Foundation blog, “Content ID and the Rise of the Machines”

Tom Lipinski on District Dispatch blog, “Congress Stands Still; Technology, the Courts and Fair Use Marches Onwards!”

Meera Nair on Fair Duty blog, “Fair Use Denied—Part V”

New Media Rights blog, “Fair Use = Millions of Individuals Exercising Their Freedom of Expression Every Day. Happy #fairuseweek2016!”

Mary Beth Quirk on Consumerist blog, “Fairly Used: Why Schools Need to Teach Kids the Whole Truth about Copyright”

Matthew Rimmer on Copyright at Harvard Library blog, “Malcolm Turnbull, Copyright Law Reform, and the Innovation Agenda”

Jacob Rogers on Wikimedia blog, “Fairer than Fair: A History of Fair Use on Wikipedia”

Carrie Russell on District Dispatch blog, “Negativland and Fair Use”

US National Telecommunications and Information Administration blog, “The Need for Fair Use Guidelines for Remixes”

Roundup from Day 4 of Fair Use Week 2016

Check out all of the great posts from Day 4 of Fair Use Week 2016! Don’t see yours? Contact us to get yours added!

Images

Swarthmore College Libraries, Warhol-esque soup can reading “Using old art to make new art is fair use,”promoting a library event for users to create transformative art

Radio

Radio Berkman, Berkman Center for Internet & Society, “How Fair Use Works, in Six Minutes or Less”

Resources

Amanda Wakaruk, copyright librarian, University of Alberta, “Canadian Crown Copyright Conundrum” (PDF), paper discussing inconsistent approaches to copyright for works published by the Canadian government and advocating following the model of the US government, most of whose works are in the public domain

Youth and Media, Berkman Center for Internet and Society, “Fair Use Resources,” three new resources: a Radio Berkman podcast on the basics of fair use, a guide for teachers to help students understand fair use, and an infographic to explain the fair use doctrine and provide examples of applying the four factors

Video

Common Sense Media, animated video encouraging students to think about copyright law and appropriate ways to use original work responsibly

Dalhousie University Libraries, interview with assistant professor Mike Smit, School of Information Management, for Fair Dealing Week

Dalhousie University Libraries, interview with instructor Sasha Kondrashov, School of Social Work, for Fair Dealing Week

Blog/News Posts

Laura Burtle on Georgia State University Library blog, “Recent Developments in Fair Use Litigation”

Kyle K. Courtney on Copyright at Harvard Library blog, “Fair Use Week 2016: Day Four Interview With #WTFU Founders”

Nora Dethloff and Stephanie Lewin-Lane on University of Houston Libraries News blog, “Fair Use vs. Public Domain”

Teresa Hackett on EIFL blog, “Copyright for Today and Tomorrow (and Is There Life on Mars?)”

Heather Hughes in Western News, “Copyright Education Process Continues for Adam”

Brandy Karl on Penn State Copyright Portal blog, “Transformative Fair Use: A Mashup T-Shirt Roundup”

Lydia Pallas Loren on Authors Alliance blog, “Fair Use as More Than Just a ‘Defense’ to Infringement”

Meera Nair on Fair Duty blog, “Fair Use Denied—Part IV”

Megan O’Donnell on Scholarly Communication @ Iowa State University Library blog, “President Obama Nominates Dr. Carla Hayden for Librarian of Congress”

Tammy Ravas on District Dispatch blog, “Everyday Fair Use in Libraries”

Roxanne Shirazi on City University of New York (CUNY) Graduate Center Library blog, “Fair Use Week: Copyright and Your Dissertation”

Anna Simon on Ars Hoya blog, “Nostalgia Critic Defends Fair Use YouTube Clips”

Maira Sutton on Electronic Frontier Foundation blog, “The Murky Waters of International Copyright Law”

Peggy Tahir on UCSF Libraries In Plain Sight blog, “Fair Use Week, Day Four: Stream It!”