Tag Archives: fair use week 2015

Highlights from Fair Use Week 2015

From February 23-28, 64 organizations and institutions participated in Fair Use Week 2015, an annual celebration of the important (and flexible) doctrines of fair use and fair dealing. Participants included universities, libraries, library associations and a number of organizations such as the Electronic Frontier Foundation, Creative Commons, New Media Rights, Public Knowledge and the R Street Institute. These 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 Week provided 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. Daily recaps are available for each day of Fair Use Week and additional resources are available on the website. Over the course of the week, more than 90 blog posts, 13 videos, 2 podcasts, a comic book, an infographic, and several other great resources were released. Below are some highlights from the week:

Resources:

ARL released the Fair Use Fundamentals Infographic, explaining what fair use is, why it is important, and who uses fair use. It also provides several examples of cases where courts have upheld fair use. ARL also produced Fair Use: 12 Myths and Realities.

Jonathan Band highlighted just how often fair use is employed on a daily basis through a sample day in the life of a legislative assistant.

Kyle Courtney of Harvard University released a comic book entitled, “The Origin of U.S. Fair Use.”

Public Knowledge hosted a Reddit AMA with cartoonist Nina Paley discussing how art is made and the role of fair use.

Videos:

Professor William Fisher (Harvard Law School) released two lectures from his Copyright X course: Lecture 9.1, Fair Use: The History of Fair Use and Lecture 9.2, Fair Use: Fair Use Today. These are excellent lectures explaining the doctrine.

Several videos were produced during the week. Fred von Lohmann explains how fair use enables technologies used every day. The Media Education Lab posted a fair use music video.

The Association of College and Research Libraries hosted a webinar featuring Kevin Smith of Duke University, “Does Fair Use Really Work?” The archive of the webinar is available here.

American University Washington College of Law’s Program on Information Justice and Intellectual Property hosted an event, “Presenting the Statement of Best Practices in Fair Use of Collections Containing Orphan Works.” The archived video of the event is available here.

Duke University, hit by inclement weather, delayed its event Fair Use of Art & Beyond, but the video of the event (including slides) is now available here.

In Canada, Bobby Glushko (University of Toronto) produced several videos, including one on the “Copyright Pentalogy,” providing an overview on five Canadian Supreme Court cases that clarified copyright law. Christine Jewell (University of Waterloo) has a great explanation on what fair dealing is.

Podcasts:

Two podcasts were released during the week. TechDirt devoted an entire episode to the topic, “Fair Use Protects Culture from Copyright, Not the Other Way Around.” Radio Free Culture released a special episode, “Wishing You A Happy Fair Use Week with Ellen Duranceau.”

Blog Posts:

The Authors Alliance posted three times during the week, including Pamela Samuelson’s “Why is Fair Use Good For Authors?” Samuelson explains the many ways that authors rely on fair use, noting, “Authors and artists are likely to make and benefit from fair uses in every phase of the creative process and long thereafter.”

The Electronic Frontier Foundation stated, “Congress’s Copyright Review Should Strengthen Fair Use—Or At Least Do No Harm,” explaining that Congress could 1) clarify that statutory damages do not apply where a user relies on a fair use defense in good faith, and 2) fix Section 1201 of the Copyright Act to ensure that technological protection measures, or digital locks, cannot be used to take away fair use.

Creative Commons celebrated Fair Use Week with an explanation of how the creative commons license interacts with fair use.

The Organization for Transformative Works highlighted 10 Fair Use Misconceptions.

Mike Masnick of TechDirt issued this “Reminder: Fair Use is a Right—And Not ‘An Exception’ or ‘A Defense.’

Harvard released blog posts each day of the week with expert guest bloggers Kenny Crews (consultant), Kevin Smith (Duke University), Laura Quilter (UMass Amherst), Niva Elkin-Koren (University of Haifa, Israel), and Dr. Matthew Rimmer (ANU College, Australia).

Georgia State University has a short piece explaining the four fair use factors. The Ohio State University explains Fair Use in Digital Storytelling. University of Texas Austin explains Fair Use and the Jazz Appreciation MOOCs.

Numerous universities across Canada joined in by celebrating Fair Dealing Week 2015. The University of Toronto coordinated these efforts and collected blog posts for the week here.

The week wasn’t exclusively celebrated in the U.S. or Canada, either! The University of Haifa in Israel also took part, with a series of blog posts (NB: most of these posts are in Hebrew).

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:

Fair Use in a Day in a Life of a Legislative Assistant

*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.*  

While we are celebrating Fair Use Week from February 23-27, every week is fair use week (in fact, every day is fair use day).  This important doctrine is critical to the ability to teach, learn, share information and use every day technologies.  Fair uses are all around us.

Earlier this week, Fred von Lohmann explained how fair use enables every day technology.  Today, Jonathan Band gives a sample day in the life of a legislative assistant, showing just how often fair use is employed in a daily basis.  Read all about Fair Use in a Day in a Life of a Legislative Assistant and visit fairuseweek.org for other great resources!

Fair Use: Building the World of Tomorrow

*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 brought to you by guest blogger, Greg Cram, Associate Director of Copyright and Information Policy, New York Public Library.  Cross-posted to fairuseweek.org*

In 1939, the New York World’s Fair opened to great pomp and circumstance. The theme of the Fair was “Building the World of Tomorrow.” The aspirational theme reflected the country’s desire to shake off the doldrums of the Great Depression and focus on a better future. Participants included close to 60 nations, 33 states and U.S. territories, and over a thousand exhibitors. During its two seasons, the fair attracted 45 million visitors.

At the conclusion of the Fair, the corporation responsible for the Fair dissolved and donated a large amount of material to The New York Public Library. The corporation donated over 2,500 boxes of records and documents, as well 12,000 promotional photographs. These records document not only the operations of the Fair, but also present a comprehensive view of all aspects of the planning, design, execution, maintenance, and dismantling of the Fair. The photographs in particular offer a unique view of life at the time, illustrating the Fair as only visual images can do.The collection is used heavily by researchers and the public today. It supports research on a variety of subjects, including the birth of consumer society, the influence of industrial design in common objects, and the fashions of the time. For example, the collection was recently used by the New York City Parks Department to inform the commemoration of the 75th Anniversary of the Fair. The collection has served as foundational research for numerous articles, books, theses and dissertations.

Because of the popularity and importance of the collection, we wanted to make the collection as broadly accessible as possible. We began by trying to determine the copyright status for the nearly ten tons of material in the collection. The publication status of much of the material was difficult to determine. With this uncertainty, we treated the material as if it were in copyright.

We then turned to conducting a thorough, good-faith search for rights holders. We spent days combing through the legal records of the Fair to determine whether the Fair’s copyrights were ever assigned to a third party. We also tried to determine whether copyrights were assigned at the dissolution of the corporation, but could not find an answer in the collection. When the records of the Fair did not help, we searched for rights holders utilizing other methods, including searches on Google, the Copyright Office records, and other relevant sources. This search was time-consuming and, ultimately, fruitless.

Having found no copyright owner after our good-faith and reasonable search, we undertook a fair use analysis. Our analysis was informed by the development of voluntary community-driven efforts to create best practices for identifying rights holder(s), taking into account the nature of the particular material at issue, including the Society of American Archivists’ 2009 statement of best practices, as well as general guidance such as the Code of Best Practices in Fair Use for Academic and Research Libraries, developed by the Association of Research Libraries. We were also informed by various academic viewpoints, including Jennifer Urban’s article on fair use and orphan works.

Guided by our fair use analysis, we determined to move forward with digitization of portions of the collection after balancing the educational benefit of the undertaking against the risk that a rights holder might subsequently surface. Although the potential for $1.8 billion in statutory damages in the worst-case scenario was daunting, we not only digitized and posted the selections of the collection online, we also created a free iPad application to feature the digitized content. The iPad application contextualizes the content by using original essays and innovative design alongside the content created by the Fair. The application was named one of Apple’s “Top Education Apps” of 2011.

So far, no rights holder has contacted us to ask that we limit the uses of works from the Fair collection. If a rights holder wished to contact us about our uses, we have made our contact information available online and in the iPad application. We welcome any new information about the rights holder of this collection.

*Portions of this post were previously published in NYPL’s Reply Comments to Orphan Works and Mass Digitization: Notice of Inquiry.

Roundup from Day 3 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:

Blog posts:

Roundup from Day 2 of Fair Use Week (blog posts, videos and a podcast)

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!

Check out these videos posted yesterday:

And this podcast:

And the blog posts from yesterday:

Video: Fred von Lohmann on Fair Use Enabling Everyday Technology

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.

A great Fair Use Week video of Fred von Lohmann explaining how fair use enables everyday technology.

Roundup of Posts from Day 1 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!