Tag Archives: fair use week

Roundup from Day 2 of Fair Use Week 2016

*This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.  Cross-posted from fairuseweek.org*

Check out all of the great posts from Day 2 of Fair Use Week 2016! Don’t see yours? Contact us to get yours added! 

Quizzes

Brigham Young University: single-question quiz to test your understanding of whether Google Books is fair use

MIT Libraries, quiz to test your knowledge of how to weigh the four factors of fair use

UCLA Library, quiz on whether five famous works inspired by other sources are fair use or foul play (PDF)

Reddit Ask Me Anything (AMA)

OverClocked ReMix, a fan community creating free video game music (VGM) arrangements, answers questions, especially questions about whether creating fan-made VGM remixes is fair use

Videos

Gerald Beasley, vice-provost and chief librarian at the University of Alberta, emphasizes the balance of rights in copyright, noting that access to copyrighted material is essential to scholarship because of the need to build upon works that came before

Gary Price, editor of infoDOCKET, and Peter Suber, director of the Harvard Open Access Project and the Harvard Office for Scholarly Communication, discuss key issues in the open access movement

Texas A&M University Libraries explains what fair use is and how the university libraries has empowered faculty to determine what is fair use in the context of their own classrooms

Ann Thornton, university librarian and vice provost of Columbia University, explains how fair use has contributed to allowing “quality” access to scholarly materials

University of Massachusetts Amherst Libraries highlights its W. E. B. Du Bois collection as one of its special collections that it has digitized and made available online relying on fair use

University of New Brunswick Libraries presents an overview of the fair dealing provisions of the Canadian Copyright Act

University of Tennessee, Knoxville, Libraries describes its consideration of fair use while digitizing its collection of postcards from the Great Smoky Mountains

University of Waterloo Library discusses what fair dealing is, why it matters, and campus resources for help using the fair dealing exception

Blog Posts

Stan Adams on Center for Democracy & Technology blog, “Fair Use in Art, Politics, and Babies Going Crazy”

Patricia Aufderheide on Center for Media & Social Impact Fair Use blog, “Fair Use Week: Plenty to Celebrate”

Hillary Corbett on Northeastern University Libraries SNELL Snippets blog, “February 22–26 is Fair Use Week!”

Krista Cox on Copyright at Harvard Library blog, “Thankful for Fair Use”

Nora Dethloff on Fair Use Week website, “Welcome to Fair Use Week 2016!”

Melissa Green on University of Alabama Libraries’ Academic Technologies blog, “Accessible Formats and Fair Use”

Julie Grob on University of Houston Libraries News blog, “Three Famous Fair Use Cases”

April Hathcock on At the Intersection blog, “Fair Use for Social Justice”

Janet Landay on College Art Association News blog, “CAA Celebrates National Fair Use Week”

Mayra Linares on Center for Media & Social Impact Fair Use blog, “How to Use Copyrighted Material in Your Work | Fair Use Week”

Russell McOrmond on his blog, “Fair Use/Fair Dealing Week”

Kathryn Michaelis on Georgia State University Library blog, “Fair Use: The Four Factors”

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

Vicky Ludas Orlofsky on Stevens Library blog, “I Haz Rights! Memes and Fair Use”

Marta Palacio on Safe Creative blog, “¿Qué es el “Fair Use” y qué está pasando en YouTube?”

Carrie Russell on District Dispatch blog, “Fair Use Déjà Vu”

Peggy Tahir on UCSF Library In Plain Sight blog, “Fair Use Week, Day Two: Court Cases”

Timothy Vollmer on Creative Commons blog, “The Flip Side of Copyright”

Sara Maurice Whitver on University of Alabama Instruction Adventures blog, “How The Citation Project Helps Librarians Promote Fair Use”

Canada’s Copyright Board Finds Most Educational Copying is Fair Dealing

*This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.  

Today’s post is by guest blogger, Wanda Noel, a Canadian lawyer with a practice focused exclusively on copyright. Noel was legal counsel in three recent Supreme Court of Canada and Canadian Copyright Board decisions interpreting the fair dealing provision in the Canadian Copyright Act, including acting as counsel to the objectors in this matter.* 

On February 19, 2016, the Canadian Copyright Board issued a decision setting the Access Copyright Elementary and Secondary School Tariff, 2010-15. With its decision, the Copyright Board set a tariff rate of $2.46 for 2010-2012 and $2.41 for 2013-2015 per full time equivalent student per year to copy print materials such as books, magazines and newspapers.

The announced tariff rate is substantially lower than the per-student rates requested by Access Copyright, a copyright collective representing educational publishers and authors. Access Copyright initially requested rates of $15.00 for the years 2010-12 and $9.50 for the years 2013-15. These rates were a significant increase over the prior rate of $4.81 set by the Copyright Board in 2009. The Copyright Consortium of the Council of Ministers of Education, Canada (CMEC), representing the ministers of education in every Canadian province and territory, except Quebec, and the school boards of Ontario objected to the proposed Access Copyright rates and requested much lower rates.

This Copyright Board decision is the first application of fair dealing in educational institutions since two significant events in 2012 altered the copyright landscape in Canada. First, the Copyright Act was amended to add “education” as a new purpose in the fair dealing provision. Second, the Supreme Court of Canada issued a landmark decision interpreting fair dealing to permit teachers to copy and use short excerpts from published works for students in their classes.

The Board attributed the decrease from the prior rate of $4.81 to the decision of the Supreme Court of Canada in Alberta v. Access Copyright, [2012 SCC 37.] That decision established that copying short excerpts of copyright-protected works for student instruction, assignments or class work did not require royalty payments because the copying was fair dealing. This conclusion resulted in the Board’s finding that a significant proportion of copying by elementary and secondary schools was fair under the fair dealing provisions of the Copyright Act. Based on data available from a large-scale copying study in Canadian schools, the Board found that 97.2% of copying from books, 98.1% of newspapers and 98.5% from periodicals was fair dealing. This large volume of copying therefore did not require a licence from the owner of the copyright.

The royalty payments of $2.46 and $2.41 set by the Board relate primarily to the copying of consumables. Consumables are works that are intended for one-time use and contain a statement that copying is not permitted. An example is a workbook with questions and answer sheets to be completed by students. The Board found that none of the dealings with consumables were fair. Over three quarters (79% for 2010-2012, and 81% for 2013-2015) of the tariff value is attributable to consumables.

This Copyright Board decision is noteworthy because of the Board’s findings relating to fair dealing. For a dealing to be fair, two tests established by the Supreme Court of Canada in 2004 in CCH v. Law Society of Upper Canada 1 SCR 339 must be met. First, the dealing must be for one of the purposes set out in the Copyright Act. The Board found that the vast majority of copies being considered passed the first test because they were made for one of the following purposes captured by the copying study: research, criticism, review, future reference, private study or student instruction. Only copies made for entertainment and administration did not pass the first test.

The second test is that the dealing must be fair. To determine fairness, the Board applied six fairness factors established by the Supreme Court of Canada in its CCH decision: purpose of the dealing, amount of the dealing, character of the dealing, nature of the work, alternatives to the dealing, and effect of the dealing. These six factors were applied separately to books, newspapers, periodicals and consumables. The Board’s fairness analysis for consumables differed from the other genres particularly on the factors of the nature of the work and alternatives to the dealing.

The Copyright Board also accepted the position of the CMEC Copyright Consortium with respect to several issues besides fair dealing, including the fact that significant amounts of copying are not substantial (and therefore do not trigger any royalty payments under the Copyright Act), the limited nature of Access Copyright’s repertoire, and Access Copyright’s inability to adequately licence the copying of sheet music.

The present Copyright Board’s decision follows another recent tariff decision relating to Access Copyright issued in May of 2015 covering copying by provincial and territorial government employees, where a number of the legal issues were similar. Access Copyright had sought rates as high as $24 per full-time employee, but the highest rate certified was only $0.49. This government tariff decision is currently the subject of a judicial review application in the Federal Court of Appeal brought by Access Copyright.

Roundup from Day 1 of Fair Use Week 2016

*This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.  Cross-posted from fairuseweek.org*

Check out all of the great posts from Day 1 of Fair Use Week 2016!  Don’t see yours?  Contact us to get yours added! 

Resources

Association of Research Libraries: infographic showing fair use’s importance in a day in the life of a college student

Carnegie Mellon University, Libraries and Integrative Design, Arts, and Technology Network (IDeATe): slides promoting student projects taking advantage of fair use (PDF)

Fair Dealing Canada: personal stories about how fair dealing impacts the lives of students and instructors

Georgia Tech Library, Intellectual Property Advisory Office: resources to guide creators and users through the copyright and fair use determination process

Harvard Library, Copyright First Responders: infographic explaining fair use and the four factors

Blog Posts

Authors Alliance blog, “Authors Alliance Celebrates Fair Use and Fair Dealing Week!”

Jonathan Band on ARL Policy Notes blog, “Thanks, But No Thanks”

Dan Booth on Fair Use Week blog, “What Would Ian Do? Punk Rock and the Ethics of Fair Use”

Krista Cox on ARL Policy Notes blog, “Happy Fair Use/Fair Dealing Week!”

Kenneth D. Crews on Copyright at Harvard Library blog, “Fair Use: A Place in the World”

Michael Geist’s blog, “Fairness Confirmed: Copyright Board Deals Another Blow to Access Copyright”

Bobby Glushko on Fair Use Week blog, “Expert Fair Dealing: Friday, February 22, 2016, Was a Great Day for Fair Dealing in Canada”

Lloyd J. Jassin on Copylaw blog, “Top 10 Considerations When Evaluating Fair Use”

Brandy Karl on Penn State Copyright Portal blog, “Penn State Celebrates Fair Use Week 2016 #WeAreFairUse”

Gary Price on infoDOCKET, “Fair Use Week 2016 is Now Underway”

Sarah Remy on Organization for Transformative Works (OTW) blog, “It’s Fair Use Week! Ask Us Anything About Fair Use And Fair Dealing Law”

Maria Scheid on The Ohio State University Libraries Copyright Corner blog, “Google Launches YouTube Fair Use Protection Program”

Jennifer Sowa on University of Calgary UToday blog, “How the University’s Copyright Office Helps Advance Research and Scholarship: Fair Dealing Week Raises Awareness about Use of Copyrighted Material for Education”

UC Santa Barbara Library, “Celebrate Fair Use Week (Feb. 22–26)”

University of Alabama Libraries, Web Services @ UA Libraries blog, “Fair Use and Computer Software”

University of Guelph Library blog, “Fair Dealing Week February 22nd to 26th”

University of Tampa Library blog, “Fair Use Week—What Is It and Why Is It Important to You?”

Kalli Vimr on University of Arkansas Libraries 365 McIlroy blog, “Fair Use Week, Feb. 22–26”

University of Virginia Library, “Join Us in Celebrating Fair Use Week, February 22–26”

Timothy Vollmer on Communia blog, “Fair Use and the Importance of Flexible Copyright Exceptions”

Scott Walter on DePaul University Library Full Text blog, “Fair Use Week (February 22–26, 2016)”

Sara Maurice Whitver on University of Alabama Instruction Adventures blog, “Fair Use, Library Instruction, and First-year Students”

Tom Wilson on University of Alabama Digital Humanities Center blog, “Fair Use Week (February 22–26, 2016)”

Quizzes/Polls

Brigham Young University: quiz to test your understanding of whether a particular use is a fair use

Gettysburg College, Musselman Library: Fair Use Week 2016 display, with in-person voting on three cases of fair use

Five Videos from ARL Libraries Celebrate Fair Use and Fair Dealing

*This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.

Cross-posted from ARL News*

In honor of Fair Use/Fair Dealing Week 2016, five ARL member libraries have created videos celebrating the important doctrines of fair use and fair dealing—essential limitations and exceptions to copyright that allow the use of copyrighted materials without permission from the copyright holder under certain circumstances. Fair use and fair dealing are flexible doctrines, allowing copyright to adapt to new technologies and facilitate balance in copyright law.

The University of Tennessee, Knoxville, Libraries highlights in a two-minute video its collection of Great Smoky Mountains postcards and digitization of this collection under fair use. Holly Mercer, associate dean for research and scholarly communication, notes that the University of Tennessee relied on the Code of Best Practices in Fair Use for Academic and Research Libraries to evaluate the fair use case to digitize and make the postcards available online. She clearly explains the transformative nature of making this special collection available digitally.

Ann Thornton, university librarian and vice provost of Columbia University, explains in a four-minute video how fair use has contributed to allowing “quality” access to scholarly materials. She discusses court cases from the past year that provide clear direction in allowing the robust application of fair use, including Authors Guild v. Google and Lenz v. Universal Music. Thornton also talks about the importance of open access and why it must act in tandem with fair use.

Texas A&M University Libraries has created a two-minute video explaining what fair use is and how, rather than creating strict rules about fair use, the university libraries has empowered faculty to determine what is fair use in the context of their own classrooms. The libraries thinks of fair use like a muscle—“if you don’t use it, you lose it.”

University of Massachusetts (UMass) Amherst Libraries highlights in a one-minute video its W. E. B. Du Bois collection as an example of one of its special collections that it has digitized and made available online relying on fair use. This collection is used in more than 30 courses at UMass alone. The Du Bois collection is just one of 100 other collections that are available via the libraries’ digital repository.

Gerald Beasley, vice-provost and chief librarian at the University of Alberta, emphasizes in a four-minute video the balance of rights in copyright. University of Alberta’s impact on Alberta’s economy is estimated at $12.3 billion and Beasley points out that access to copyrighted material is essential to scholarship because of the need to build upon works that came before. He also notes that a “liberal interpretation and application of fair use and fair dealing should be encouraged, especially for universities.”

Thanks, But No Thanks

*This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.

This post is brought to you by guest blogger, Jonathan Band of policybandwidth*

Over the past decade, policymakers on both sides of the Atlantic have devoted significant attention to finding ways to permit the use of orphan works: works whose copyright owners are difficult to identify or locate. Library associations in both Europe and the United States initially supported these efforts strongly. In Europe, these efforts culminated in the adoption of an Orphan Works Directive in 2012. In the United States, by contrast, legislation stalled in 2008. Although the U.S. Copyright Office continues to push for orphan works legislation, U.S. library associations no longer seek such relief. This is due to changes in the copyright legal landscape, particularly the evolving case law concerning fair use. This paper explores the different trajectories of orphan works legislation in the EU and the United States, with special emphasis on how U.S. libraries changed their position in response to legal developments on the ground.

The full paper is available here.

Fair Use in 2015 and A Look Ahead at 2016

We’re taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what’s at stake, and what we need to do to make sure that copyright promotes creativity and innovation. Today’s topic is “Fair Use Rights: For copyright to achieve its purpose of encouraging creativity and innovation, it must preserve and promote ample breathing space for unexpected and innovative uses.”

Fair use is a critical right and the most important limitation on the rights of the copyright holder. It permits the use of copyrighted material without permission from the rightholder under certain circumstances and has been called the “safety valve” of U.S. copyright law. Fair use is a broad and flexible doctrine that is responsive to change and can accommodate new technologies and developments.  Notably, fair use is relied upon by everyone, including both users of copyrighted content as well as rights holders. This critical doctrine provides essential balance

Below are five news highlights on fair use from 2015 as well as my five favorite fair use resources created in 2015 (created for Fair Use/Fair Dealing Week 2015).

Five Fair Use Highlights from 2015:

  1. Second Circuit Affirms Fair Use in Google Books Case.  In October 2015, the Second Circuit released its unanimous opinion, authored by Judge Leval, affirming the lower court’s fair use decision in Authors Guild v. Google, also known as the “Google Books” case.  The Second Circuit held that Google’s copying of books and display of snippets in a search index is transformative and a fair use.  This search and snippet function of Google Books allows for important research, including through text-and-data mining to allow researchers to conduct research that would not be possible without the large searchable database created by Google. 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.  This digitization of certain works from library collections demonstrates an important partnership, which has allowed libraries to make fair uses of these copies, including to provide access for those who are visually impaired.
  2. Ninth Circuit Rules Fair Use Must Be Considered Before DMCA Takedown Notices Sent.  In September 2015, the Ninth Circuit ruled in Lenz v. Universal Music, also known as the “Dancing Baby” case that “copyright holders must consider fair use before sending a takedown notification, and that failure to do so raises triable issues as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law.”  In its reasoning, the Ninth Circuit confirmed that fair use is a right: “Fair use is not just excused by the law, it is wholly authorized by the law . . . The statute explains that the fair use of a copyrighted work is permissible because it is a non-infringing use.”
  3. YouTube Announces It Will Defend Some Creators’ Fair Use Claims.  In November 2015, YouTube announced that it will protect “some of the best examples of fair use on YouTube” by defending some creators in copyright litigation.  YouTube pledged to indemnify some of its creators whose fair use videos are subject to takedown notices for up to $1 million in legal costs if the takedown results in a copyright infringement lawsuit. This announcement is significant given that fair use provides essential balance to the copyright system, allowing for transformative uses including parody, commentary, criticism and innovation and videos posted to YouTube often rely on this important doctrine.
  4. Final Text of the Trans-Pacific Partnership (TPP) Agreement Includes Language on Limitations and Exceptions.  In October 2015, the twelve negotiating parties (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam) announced agreement on the TPP, concluding five years of negotiations.  Although the final copyright provisions of the TPP had mixed results and ARL was disappointed by a number of the provisions and the lack of transparency during the negotiations, one of the positive aspects of the agreement was the inclusion and improvements in the final text on limitations and exceptions. The final text included language based off part of the United States’ fair use provision, with an addition for those with print disabilities, requiring “due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled.”  The text confirms that the exceptions can apply “in the digital environment” as well as to uses with “commercial aspects.”  Inclusion of this language is significant.  While the final language could have been strengthened further, the final text still provides an obligation for parties to seek a balance and can be used as a basis for stronger language in future agreements.  As noted by Jonathan Band in a paper exploring the evolution of the limitations and exceptions over the course of the TPP negotiations, “The incorporation of the non-exclusive list of legitimate purposes from 17 U.S.C. § 107 provides TPP countries a powerful basis for concluding that this balance is best achieved through the adoption of an open-ended flexible exception like fair use.”
  5. Authors Guild and HathiTrust settle last remaining issue (preservation); Second Circuit decision strongly affirming fair use stands.  While the Second Circuit’s decision in the HathiTrust case was released in June 2014, the court did not resolve the issue of preservation, sending that issue back to the district court.  In January 2015, the parties entered a settlement on the sole issue remaining issue, ending the litigation in a victory for HathiTrust and fair use.  The Second Circuit’s decision found that creation of a full-text search database and providing access to the print disabled constituted fair use.  In January 2015, however, the defendant libraries stipulated that they complied with Section 108(c) of the Copyright Act and agreed that for a period of five years, if they do not comply with the stipulation, it will notify the Authors Guild, “which, although not a Remaining Plaintiff in this Action, will accept notice.”  Authors Guild released a statement after the settlement, noting that it would not seek an appeal to the Supreme Court.

Five Great Fair Use Resources from 2015:

  1. Fair Use Fundamentals Infographic.  In celebration of Fair Use Week 2015, ARL created this infographic explaining that fair use is a right, is vitally important, is for everybody and is everywhere.
  2. A Day in the Life of a Legislative Assistant.  Jonathan Band authored this document, giving a sample day in the life of a legislative assistant.  This sample day shows just how often fair use is relied upon on a daily basis.
  3. Video: Fair Use and Technology.  Fred von Lohmann explains how fair use is essential to every day technology and how we encounter it on a daily basis.
  4. Podcast: Fair Use Protects Culture From Copyright, Not the Other Way Around.  TechDirt created a great podcast devoted to the important doctrine of fair use and how it provides an essential balance to the copyright system.
  5. 12 Fair Use Myths and Facts.  For Fair Use Week 2015, ARL also produced a “Myths and Facts” document on fair use, covering twelve myths about what fair use is and how it can be used.

So what’s next for fair use in 2016?

First, a reminder that Fair Use/Fair Dealing Week 2016 is quickly approaching and will take place from February 22-26, 2016.  A number of organizations and institutions are already planning to participate and have great events planned.  ARL will be creating a new infographic, hosting blog posts, and posting new videos on fair use.  For more information on how to participate or to see the great resources from last year’s celebration, visit the Fair Use Week website.

Additionally, the Authors Guild’s Google Books case may not be over as the Authors Guild filed a petition for writ of certiorari to the Supreme Court on December 31, 2015.  However, the Authors Guild’s petition does not appear to be a particular strong one.  Despite the Authors Guild’s claims that there is a circuit split on the meaning of transformativeness, it is not clear that the six circuits cited have actually split on the issue as the facts of the cases differ significantly.  Furthermore, the argument that the Second Circuit has shifted to a one-factor test is clearly unsupported by the court’s October decision; the Second Circuit carefully analyzes all four factors.

In fact, Professor Jane Ginsburg noted in her article, Google Books and Fair Use: From Implausible to Inevitable? that the Google Books decision is probably not worthy of Supreme Court review.  She stated that the decision “probably surprised no one” and that “courts came to interpret Campbell’s reference to ‘something new, with a further purpose’ to encompass copying that does not add ‘new expression,’ so long as the copying gives the prior work ‘new meaning.’  Fair use cases began to drift from ‘transformative work’ to ‘transformative purpose,’ in the latter instance, copying of an entire work, without creating a new work, could be excused, particularly if the court perceived a sufficient public benefit in the appropriation.” Ginsburg acknowledges that courts have interpreted transformativeness to include a transformative purpose and does not cite any circuit split on this issue.  She also pointed out that the Second Circuit’s opinion was restrained and did not expand the fair use doctrine.  If the Supreme Court declines to hear the Google Books case, the Second Circuit’s decision will stand.

Additionally, as noted yesterday, the Copyright Office has issued a notice of a study the 1201 rulemaking process which creates exemptions on a three-year cycle to allow for circumvention of technological protection measures.  The exemptions requested during each cycle represent non-infringing uses, such as those that would operate under fair use in the analog world (that is, without the digital locks placed on digital copies).  The notice of inquiry includes a number of questions that are highly relevant to fair use.  For example:

1. Please provide any insights or observations regarding the role and effectiveness of the prohibition on circumvention of technological measures in section 1201(a).

[. . .]

3. Should section 1201 be adjusted to provide for presumptive renewal of previously granted exemptions—for example, when there is no meaningful opposition to renewal—or otherwise be modified to streamline the process of continuing an existing exemption? If so, how?

[. . .]

8. Please assess whether the existing categories of permanent exemptions are necessary, relevant, and/or sufficient. How do the permanent exemptions affect the current state of reverse engineering, encryption research, and security testing? How do the permanent exemptions affect the activities of libraries, archives, and educational institutions? How might the existing permanent exemptions be amended to better facilitate such activities?

9. Please assess whether there are other permanent exemption categories that Congress should consider establishing—for example, to facilitate access to literary works by print-disabled persons?

 

While these are important questions and it is good to see that the Copyright Office is at least considering the idea of permanent exemptions and a streamlined process, these questions highlight the fundamental flaw of the 1201 rulemaking process.  As noted by the Library Copyright Alliance’s statement for the Judiciary Subcommittee hearing on 1201 in September 2014:

The fact that every three years the blind need to expend scarce resources to petition the Librarian of Congress to renew their exemption—or that libraries and educators have to seek renewal of the film clip exemption every three years—demonstrates the fundamental flaw in section 1201. That flaw is that section 1201 could be interpreted to prohibit the circumvention of a technological protection measure even for the purpose of engaging in a lawful use of a work. Congress should adopt the approach proposed by the Unlocking Technology Act of 2013 and its predecessors, attaching liability to circumvention only if it enables infringement.

Fair use should apply equally in the digital world and technological protection measures should not be used to limit the fair use right.  The fact that every three years, proponents of exemptions must use a great deal of time and resources to seek renewal of or a grant of exemptions to anti-circumvention rules to exercise the fair use rights is problematic and inefficient.

 

Save the Date! Fair Use Week 2016: February 22-26, 2016

Save the date!  The annual Fair Use Week, a celebration of the important doctrines of fair use and fair dealing, will take place from February 22-26, 2016.

What is Fair Use Week?

Each day teachers teach, students learn, researchers advance knowledge, and consumers access copyrighted information due to copyright limitations and exceptions such as fair use or fair dealing.  Fair use and fair dealing are essential limitations and exceptions to copyright, allowing the use of copyrighted materials without permission from the copyright holder under certain circumstances. Fair use and fair dealing are flexible doctrines, allowing copyright to adapt to new technologies. These doctrines facilitate balance in copyright law, promoting further progress and accommodating freedom of speech and expression.

While fair use and fair dealing are employed on a daily basis by all users of copyrighted material, Fair Use Week is a time to promote and discuss the opportunities presented, celebrate successful stories and explain the doctrine.

While Fair Use Week 2016 will be celebrated February 22–26, we believe that every week is fair use week. Fair Use Week is simply a time to promote and discuss the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain the doctrine.

When is Fair Use Week?

Fair Use Week 2015 will take place from Monday, February 22, through Friday, February 26. People can participate on a single day during the week, multiple days, or the full week.

How can I participate in Fair Use Week?

The level of participation in Fair Use Week is entirely up to each participant. Some will publish a blog post on fair use on one day during the week, while others might host events each day of the week.  Last year, 64 organizations and institutions participated, resulting in the release of more than 90 blog posts, 13 videos, 2 podcasts, and a number of panels and lectures.  Take a look at the highlights from Fair Use Week 2015 for ideas on how participants highlighted fair use and fair dealing last year.  Many great resources were created including Myths and Facts on Fair Use, A Day In the Life of a Legislative Assistant, podcasts, a comic book and a great Fair Use Fundamentals infographic.

To participate in Fair Use Week 2016 you can try some of the following ideas or come up with entirely new ideas:

  • Write a blog post on fair use or fair dealing.
  • Publish an op-ed.
  • Host a live panel on fair use at your campus, institution, or organization.
  • Host a webcast or webinar.
  • Create a video about fair uses.
  • Publicize fair use on social media using the hashtag #fairuseweek2016.
    (On Twitter, you can also follow and tag @fairuseweek.)
  • Submit fair use success stories for the Fair Use Week blog on Tumblr.

We hope you will consider participating in Fair Use Week 2016!

Roundup from Day 5 of Fair Use Week

This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines. Cross-posted from Fair Use Week.

Check out all of the great posts from Day 5 of Fair Use Week 2015!  Don’t see yours?  Contact us to get yours added!

Videos:

Resources:

Reddit AMA Transcript: 

Blog Posts:

Fair Use: 12 Myths and Realities

This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.

Fair use is a critical right and the most important limitation on the rights of the copyright holder. It permits the use of copyrighted material without permission from the rightholder under certain circumstances and has been called the “safety valve” of U.S. copyright law. Fair use is a broad and flexible doctrine that is responsive to change and can accommodate new technologies and developments. The doctrine is relied upon by everyone, including both users of copyrighted content as well as rights holders.

For libraries and higher education, fair use is integral to achieving the mission of preservation; providing access to cultural, historical, local and scientific heritage; supporting and encouraging research, education, literacy and lifelong learning; and providing a venue for community engagement.

While fair use is of critical importance, there are many myths about what fair use is and
how it can be used (such as the misconceptions cited at the March 2014 Orphan Works Roundtable).  In honor of Fair Use Week, here are twelve myths and realities about fair use (PDF document).

Roundup from Day 4 of Fair Use Week

This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines. Cross-posted from Fair Use Week.

Check out all of the great posts from Day 1 of Fair Use Week 2015!  Don’t see yours?  Contact us to get yours added!

Videos:

Podcast:

Blog Posts: