Tag Archives: fair use week 2016

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!”

Roundup from Day 3 of Fair Use Week 2016

Check out all of the great posts from Day 3 of Fair Use Week 2016! Don’t see yours? Contact us to get yours added!

Radio

WOSA Public Radio: interview with Sandra Enimil, head of The Ohio State University Libraries Copyright Resources Center, about how to interpret and apply fair use

Resources

Brigham Young University, Copyright Licensing Office: Fair Use Week 2016 Questions & Answers

Center for Media & Social Impact: Infographic: Teaching About Art | Fair Use Week

New Media Rights: The Fair Use App: An Interactive Guide for Filmmakers and Video Creators

Video

Harvard Library, Office of Scholarly Communication: Rebekah Modrak, associate professor at the University of Michigan School of Art & Design, recounts challenges she encountered after creating artwork incorporating third-party copyrighted material

MIT Libraries: panel of publishers, authors, and librarians discuss fair use and reusing content in scholarly journals and books

Blog Posts

Lila Bailey on Internet Archive Blogs, “Fair Use & Access to All Human Knowledge”

Brandeis Library & Technology Services blog, “CopyRIGHT or CopyWRONG: Understanding the Basics of Fair Use”

Brandon Butler on Copyright at Harvard Library blog, “In Defense of Fair Use: The Slow Food Movement Tells Us Something Important about Our Fair Use Rights”

Denise Dimsdale on Georgia State University Library blog, “Why Is Fair Use Important?”

Fair Use Week blog, “Fair Use Stories: Prof. Rebekah Modrak and Re-Made Co.”

Ellen Finnie on MIT Libraries News & Events blog, “An Antidote to Copyright ‘Pain’”

Eric Harbeson on District Dispatch blog, “A Non-transformative Argument for Orphan Works”

Martha Meacham on AEA365: A Tip-a-Day by and for Evaluators blog, “Navigating Copyright Issues: When Should We Be Concerned?”

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

Wanda Noel on ARL Policy Notes blog, “Canada’s Copyright Board Finds Most Educational Copying Is Fair Dealing”

Re:Create on BuzzFeed: “19 Reasons to be Thankful for Fair Use”

Ryerson University Library & Archives News blog, “Celebrate Fair Dealing Week—Celebrate User’s Rights”

School of Visual Arts NYC, In the Loupe: Visual Resources Center Blog, “It’s Fair Use/Fair Dealing Week!”

Rebecca Tushnet on Authors Alliance blog, “Fair Use and the DMCA’s ‘Anticircumvention’ Provisions”

Ultimate Oddball Blog, “Fair Use and #WTFU on Youtube”

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.

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!