Tag Archives: fair use week 2019

Fair Use/Fair Dealing Week 2019: Day 5 Roundup

This week is Fair Use/Fair Dealing 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.

Check out all the great posts from Day 2 of Fair Use/Fair Dealing Week 2019! Don’t see yours? Contact us to get yours added! You can view previous roundups here. Stay tuned for a post collecting all the highlights from the week.

Resources:

BYU Copyright Licensing Office: Fair Use Checklist

UCI Intellectual Property, Arts, and Technology Clinic: Presentation: Fair Use for Academics

Videos:

 ACRL Presents, Webinar: “Digging for Gold with Bundles of Sticks: Copyright, Fair Use, & Text Data Mining

Canadian Alliance of Student Associations: Student explaining why fair dealing is so important for education

Podcasts:

Harvard Digital Publishing Collaborative, DigiPub, “Defining Fair Use with Kyle Courtney: What Is It and How Do We Use It?

Blog Posts/News:

Archive of Our Own, “Happy Fair Use/Fair Dealing Week!

Center for Media & Social Impact, “True Tales of Fair Use: Hit Documentary Films

Elliott Harmon on EFF, “Don’t Sacrifice Fair Use to the Bots

IFLA, “Canadian Flu? The Doctor Will See You Now

Krista L. Cox on ARL Policy Notes, “Fair Use/Fair Dealing Week 2019: Day 4 Roundup

Kyle K. Courtney and David R. Hansen on Copyright at Harvard, “Fair Use, Innovation and Controlled Digital Lending

Micah Zeller on Washington University in St. Louis University Libraries, “Fair Use and WashU: Part 2

Smithsonian Institution Archives, “Link Love: 3/1/2019

Stan Adams on CDT blog, “Why the EU Copyright Directive is a Threat to Fair Use

UCI Intellectual Property, Arts, and Technology Clinic, “IPAT Celebrates Fair Use Week

Fair Use/Fair Dealing Week 2019: Day 4 Roundup

This week is Fair Use/Fair Dealing 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.

Check out all the great posts from Day 4 of Fair Use/Fair Dealing Week 2019! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Videos:

Connecting to Collections Care Online Community, “When Copyright and Cultural Collections Converge” (includes webinar recording, slides and handouts)

Wayne College, “Webinar: Copyright and Fair Use

Bonus video: This video has been around, but Professor Jack Lerner reminded me of it for Fair Use Week. “Everything is a Remix

Blog Posts/News:

Amber Reichert on University of Virginia Libraries News, “Fair Use: Essential for audio and video analysis in the classroom and beyond”

Authors Alliance, “Fair Use Resource Roundup

Center for Media and Social Impact, “Plungers, Remix and Fair Use

David Free on ACRL Insider, “CopyTalk: Campbell v. Acuff-Rose Music Inc. with Kenneth D. Crews

IFLA, “Where Fair Use and Fair Dealing is Being Fought For

Krista L. Cox on Copyright at Harvard, “Celebrating Fair Use in Films” cross-posted to ARL Policy Notes

Krista L. Cox on Above the Law, “Raindrops on Roses and Whiskers on Kittens . . . And a Few of my Favorite Fair Use Things We Enjoy Every Day

Krista L. Cox on ARL Policy Notes, “Fair Use/Fair Dealing Week 2019: Day 3 Roundup

Marlo MacKay on The Libvine, “Fair Dealing Week 2019—Fair Dealing and Students

New Media Rights, “Fair Use Week 2019: Fair Use is an Indispensible Part of Our Economy and Culture

The Odyssey Online, “Fair Use: What it Is and Why it Needs Protecting

Rebekah Modrak on Fair Use Week Tumblr, “Miller Beer-Cam & Fair Use

UCI Intellectual Property, Arts, and Technology Clinic, “IPAT Celebrates Fair Use Week

Other Resources:

Not released as a Fair Use/Fair Dealing Week resource, but Professor Matthew Sag has a new article, “The New Legal Landscape for Text Mining and Machine Learning

Fair Use/Fair Dealing Week 2019: Day 3 Roundup

This week is Fair Use/Fair Dealing 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.

Check out all the great posts from Day 3 of Fair Use/Fair Dealing Week 2019! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Video:

BYU Copyright Licensing Office: “Modicum Interview: Kerry Soper and The Far Side

Center for Textual Studies and Digital Humanities, Loyola University Chicago: “Fair Use in Teaching and Research, with Margaret Heller and Niamh McGuigan – Part 1

Center for Textual Studies and Digital Humanities, Loyola University Chicago, “Fair U se in Teaching and Research – Part 2

Blog posts/News:

Ashland University, “Fair Use Week: Infographic

Center for Media and Social Impact, “Chess, Moustaches, and Fair Use

David Robinson and Amanda Wakaruk in The Hill Times, “Fair dealing is a right, not a privilege

Doug Pete, “Fair Use/Fair Dealing Week

Hallie Brodie on The Quad, “A Look at Educational Fair Dealing

Jonathan Band on The DisCo Project, “Amicus Briefs Filed in Support of Google’s Petition in Oracle Case

Jonathan Band on ARL Policy Notes, “Betty Ballantine and the Manufacturing Clause

Krista L. Cox on ARL Policy Notes, “Fair Use/Fair Dealing Week 2019: Day 2 Roundup

Lachlan MacLeod on The Libvine, “Fair Dealing Week 2019—Faculty and Fair Dealing

Celebrating Fair Use in Films

This week is Fair Use/Fair Dealing 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 to Copyright at Harvard Library*

This year, Fair Use/Fair Dealing Week immediately follows the Oscars and I definitely have movies on my mind. The Green Book (which I haven’t seen yet) was one of the nominees—and ultimately winner—of the coveted Best Picture Award, but was not without its share of critics. Like other movies dealing with race, critics said that it minimized the true extent of racism and fell into the “White Savior” trope. Just before the Academy Awards, comedian Seth Meyers released a video highlighting these criticisms parodying popular films, including Hidden Figures, The Blind Side, and The Help. Meyer’s White Savior: The Movie Trailer is a fantastic example of parody which, of course, is protected by fair use. Since Kenny Crews covered parody so well in his Day 1 post, I’ll turn to a different aspect of fair use and movies.

Although films obviously create their own creative content, protectable by copyright, often these works incorporate existing content. Depending on the particular use, a filmmaker or production studio may choose to license a particular copyrighted work, but in other instances the film creator has relied on fair use. Here are some examples where fair use and films have gone hand-in-hand—both in the documentary film context as well as feature films and shows.

Documentary filmmakers have relied heavily on the doctrine of fair use, which makes a lot of sense. If documentary filmmakers constantly had to rely on permission and licenses—which would also mean that a rightholder could refuse to grant permission—the result could be that these documentaries lacked proper historical references and context. In a 1996 case, the Southern District of New York refused to grant Turner Broadcasting’s motion for injunctive relief, finding that the clips of a boxing match film involving Muhammad Ali and George Foreman in a documentary about Muhammad Ali was likely a fair use. In Monster Communications, Inc. v. Turner Broadcasting Systems, the court noted that only a small portion of the total film—just 41 seconds—was taken and that the documentary used it for informational purposes.

In another instance of documentary filmmaking, artist Bouchat sued over the use of the Baltimore Ravens’ logo in several videos. While a prior case held that the Baltimore Ravens had infringed the logo design by Bouchat for several years, the use in the films (and historical exhibits) was considered fair.   The Fourth Circuit held in Bouchat v. Baltimore Ravens that the videos at issue used the copyrighted material in a transformative way, telling the history of the Baltimore Ravens and the logos were “fleeting” in nature.

And in yet another litigated case over a documentary film, National Center for Jewish Film v. Riverside Films, a district court noted that the use of film clips in Sholem Aleichem: Laughing in Darkness (about the life of a 19th century Yiddish author) was transformative because it incorporated various clips with scholarly commentary (NB: whether the films had entered the public domain was also questioned, a factor that the court weighed in favor of fair use). Again, because these clips were used in a transformative way that did not supplant the market for the original film, the court held the use to be fair.

Not every fair use ends up being litigated, though. Indeed, most documentary movies probably don’t involve rightsholders claiming copyright infringement in part, thanks to the Documentary Filmmakers’ Statement of Best Practices in Fair Use. That Code of Best Practices, like other Codes (see: Code of Best Practices in Fair Use for Academic and Research Libraries or the Code of Best Practices in Fair Use for Software Preservation—two best practice statements released by ARL), relies on the consensus view of fair use best practices in the community for which it was written. The 2005 Code for Documentary Filmmakers has had a tremendous impact on the community, making it easier for filmmakers to get insurance, avoiding unnecessary licensing costs and leading to the release of films that may never have been finished otherwise. One of the successes is This Film Is Not Yet Rated about the MPAA’s rating system. While the director had initially planned to license the clips used, those licenses would have prevented him from using the material in a way that criticized the entertainment industry.

While the documentary filmmaker community relies heavily on fair use there are a number of examples where fair use was invoked in feature films, as well. For example, the Oscar-winning movie Midnight in Paris, about a screenwriter, played by Owen Wilson, who travels back in time to the 1920s and hangs out with luminaries like Scott Fitzgerald, Ernest Hemingway, Gertrude Stein, Cole Porter, Salvador Dali and others was the subject of a lawsuit. In one scene, the main character paraphrases a line from novelist William Faulkner’s novel, Requiem for a Nun (the line in question is, “The past is never dead. It’s not even past”) and provided attribution back to Faulkner. Nonetheless, the Faulkner estate sued, claiming that the use of the line infringed copyright. The Northern District Court of Mississippi referenced de minimis usage (discussed a bit more below), but also conducted a full fair use analysis finding that the quote was of “miniscule” importance to Faulkner’s novel as a whole and the use in Midnight in Paris, which amounted to a mere 8 seconds of the feature-film, did not harm Faulkner’s market for his novel. To the contrary, the court questioned: “How Hollywood’s flattering and artful use of literary allusion is a point of litigation, not celebration, is beyond this court’s comprehension. The court, in its appreciation for both William Faulkner as well as the homage paid him in Woody Allen’s film, is more likely to suppose that the film indeed helped the plaintiff and the market value of Requiem if it had any effect at all.”

Similarly, in the 2013 film Lovelace, based on the biography of Linda Lovelace, an actress who starred in a famous pornographic film but later became a spokesperson against pornography, the producers re-created three scenes from Deep Throat. The Southern District of New York in Arrow Productions v. The Weinstein Company ruled the use transformative because it provided “new, critical perspective” on Lovelace and would not supplant the market for the pornographic film.

Courts have considered and upheld fair uses in the film context, but some have found in favor of the defendant without even needing to go through the four fair use factors. Instead, for various uses of copyrighted works in TV shows and feature films, some courts have found in favor of the use on the basis of fair use’s cousin, de minimis use. In these de minimis use cases, courts have determined that the amount used was so small and trivial, the court need not engage in a full fair use analysis. These cases have included, for example, the 2000 rom-com What Women Want, featuring Mel Gibson (involving the depiction of a pinball machine in the background); the 1995 crime thriller SE7EN, featuring Brad Pitt and Morgan Freeman (use of copyrighted photos appeared fleetingly and out of focus); and HBO’s TV series Vinyl which was created by Mick Jagger and Martin Scorsese about a record executive in the 1970s (fleeting use of a dumpster tagged with graffiti in the background of a single scene).

Fair Use/Fair Dealing Week 2019: Day 2 Roundup

This week is Fair Use/Fair Dealing 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.

Check out all the great posts from Day 2 of Fair Use/Fair Dealing Week 2019! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Resources:

CAUT: Fair Copyright Kaleidocycle Flyer

Cambridge University Libraries, Office of Scholarly Communication: Fair Dealing Fact Sheet

UK Copyright Literacy: Copyright the Card Game (not a new resource; Canadian and US versions also available if you scroll down the page)

Podcasts:

Ben Franklin’s World, “Kyle Courtney, Copyright & Fair Use in Early America

Video:

Duke University Libraries, “The Importance of Fair Use: A Fair Use Week Celebration

Blog Posts:

Amber Reichert on University of Virginia Library News, “Fair Use: Vital to Media Studies’ Faculty and Students Alike

Authors Alliance, “Spotlight on Publication Contracts: Fair Use and Third-Party Permissions Clauses

Brandon Butler on Copyright at Harvard Library, “Some Software-informed Thoughts on Fair Use and Licensing for Fair Use Week” cross-posted to The Taper

Center for Media & Social Impact, “Green Fog, Fair Use and Creativity

Dave Rodriguez on FSU Libraries Blog, “Celebrate Fair Use Week with GIF It Up, Florida!

Greg Walters on UK Copyright Literacy, “Developing the Digital version of Copyright the Card Game – an update

IFLA, “Fair’s Fair: How Fair Use and Fair Dealing Provide a Balanced Approach

Krista L. Cox on ARL Policy Notes, “Great Resources from Past Fair Use/Fair Dealing Week Celebrations

Krista L. Cox on ARL Policy Notes, “Fair Use/Fair Dealing Week 2019: Day 1 Roundup

Marlo MacKay on The Libvine, “Fair Dealing Week 2019—Fair Dealing: Myths and Facts

Nora Slonimsky on Omohundro Institute of Early American History and Culture: Uncommon Sense, “The Public Figure Exception(s): Finding Fair Use in the Vastness of Early American IP

UC San Diego Library, “Fair Use Week 2019

University of Alabama Libraries, “College Students and Fair Use

Great Resources from Past Fair Use/Fair Dealing Week Celebrations

This week is Fair Use/Fair Dealing 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.

Over the past five years, ARL has enjoyed coordinating the international Fair Use/Fair Dealing Week celebrations. I’ve enjoyed seeing the celebration grow in number of participants across the world with great events and resources shared each year.  While I always look forward to seeing what new resources each celebration brings, we shouldn’t forget about all the great infographics, videos, podcasts and other materials shared previously.  Below are some of my favorite resources from past celebrations:

Logos

Fair Use/Fair Dealing Week Logos and Brand Guide: Want logos for your promotional materials? Download logos for Fair Use Week and Fair Dealing Week (French version also available).

Infographics

ARL “Fair Use Fundamentals

ARL “Fair Use in a Day in the Life of a College Student

ARL “Fair Use Myths & Facts

ARL “Fair Use Promotes the Creation of New Knowledge

Canadian Association of Research Libraries (CARL) “Fair Dealing in Canada Myths & Facts

Center for Media and Social Impact (CMSi) “Code of Best Practices for the Visual Arts: How to Use Copyrighted Material in Your Work

International Federation of Library Associations and Institutions (IFLA) “Fair Use and Fair Dealing for Libraries

Short Videos:

CMSi “Fair Use Video Code: Documentary FIlmmakers’ Statement of Best Practices

Fred von Lohmann, “Fair Use and Technology

Public Knowledge, “Let Them Go: A Copyright Policy Song

Texas A&M Libraries, “Libraries & Fair Use

University of New Brunswick, “Fair Dealing 2016

University of Virginia Library, “Fair Use in Seven Words

University of Winnipeg, “Fair Dealing Week

Long Videos:

Association of College and Research Libraries (ACRL), “Webinar: Can’t you just say Yes? Answering Copyright Questions About Fair Use for Patrons” (with Carla Myers)

ACRL, “Webinar: Using Fair Use to Preserve and Share Disappearing Government Information: A Guide for Rogue Librarians” (with Lillian Rigling and Will Cross)

William Fisher, Copyright X, “Lecture, Fair Use: The History of Fair Use

William Fisher, Copyright X, “Lecture, Fair Use: Fair Use Today

Podcasts/Audio:

Berkman Klein Center, “How Fair Use Works in Six Minutes or Less

Radio Free Culture, “Wishing You A Happy Fair Use Week” (with Ellen Duranceau)

Re:Create, “Everything About Fair Use” (with Corynne McSherry)

Re:Create, “Copying is Human Nature” (with Laura Quilter)

Techdirt, “Fair Use Protects Culture From Copyright, Not the Other Way Around

WOSU “Libraries Reinforce Fair Use Exception on Copyrighted Materials” (with Sandra Enimil)

Comics:

Kyle K. Courtney, Jackie Roche & Sarah W. Searle for Harvard University, “The Origin of U.S. Fair Use

Kyle K. Courtney and Jackie Roche for Harvard University, “Authors Guild, Inc. v. Google

Kyle K. Courtney, Jackie Roche & Sarah W. Searle for Harvard University, “Fair Use of Unpublished Works

Other Resources:

CARL: Fair Dealing Testimonials

Charles Duan, “The Creative Side of R Street

Jonathan Band, “Fair Use in the Day in the Life of a Legislative Assistant

Krista L. Cox on Above the Law, “Fair Use Week: An Interview with Peter Jaszi

MIT, “Make a Fair Use Kaleidocycle

Re:Create, “19 Reasons to be Thankful for ‘Fair Use‘”

Stan Adams, Center for Democracy and Technology (CDT), “I Didn’t Write This Conversation About Fair Use

Wikimedia, “Fairer than Fair: a history of fair use on Wikipedia

Fair Use/Fair Dealing Week 2019: Day 1 Roundup

This week is Fair Use/Fair Dealing 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.

Check out all the great posts from Day 1 of Fair Use/Fair Dealing Week 2019! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Resources:

Infographic: How Fair Use Helps in Saving Software

Video:

ALA CopyTalk Webinar, “Fair Use Week Activity Ideas and Sharing

Events:

Fair Use/Fair Dealing Week 2019 events

Fair Dealing Week 2019 events in Canada

Contest: University of Waterloo, Memes are Fair Game

Petitions:

Canadian Alliance of Student Associations Petition: Take action to protect fair dealing in Canada

Blog Posts/News:

Brandon Butler on University of Virginia Library News, “Fair Use Week begins Monday, February 25

Center for Media & Social Impact, “Artistic Innovation, ‘The Clock,’ and Copyright

Chase Ollis on ACRL Insider, “Fair Use/Fair Dealing Week 2019 Is Coming Soon

Christina Muehlberger on University of Toronto Faculty Association, “Fair Dealing Week is (almost) here!

Christine Fruin on ATLA Newsletter “SCOOP: Fair Use/Fair Dealing Week 2019 – Fair Use in Online Education

Esmeralda Fisher on UH Libraries News, “Fair Use Week 2019

Galter Health Sciences Library & Learning Center, Northwestern Medicine “Keeping it Fair: Celebrating Fair Use Week 2019

Georgetown University Libraries, “Celebrate Fair Use Week 2019

Jennifer Zerkee on Radical Access: The SFU Scholarly Publishing Blog, “What do trade agreements have to do with copyright? The Canada-US-Mexico Agreement and fair dealing

Kathryn Vela, “Fair Use Week 2019

Katie Zimmerman, “Celebrate Fair Use Week with the MIT Libraries

Kenneth D. Crews on Copyright at Harvard Library, “Fair Use and the Growth of Creativity: Celebrating a Quarter Century,”

Krista Cox on ARL Policy Notes “Infographic Shows How Fair Use Helps in Saving Software”

Lachlan MacLeod on The Libvine, “Fair Dealing Week 2019—What Is Fair Dealing?

Mark A. McCutcheon on Academicalism, “#FairDealingWorks: Fair Dealing Week 2019

Meera Nair on Fair Duty, “Fair Dealing Week 2019

Micah Zeller on Washington University in St. Louis Libraries, “Fair Use and WashU

National Network of Libraries of Medicine, New England Region, “Fair Use Week

University of Central Florida, “Fair Use/Fair Dealing Week 2019

University of Guelph, “Join us for Fair Dealing Week 2019

University of Lethbridge, “Fair Dealing Week

Yale University Library, “Fair Use Week

Infographic Shows How Fair Use Helps in Saving Software

*Cross-posted from ARL News*

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.

In conjunction with Fair Use/Fair Dealing Week 2019, the Association of Research Libraries (ARL) is releasing an infographic that illustrates how fair use helps people preserve software for teaching, learning, and research.

Fair use is the right to use copyrighted material without permission or payment, under some circumstances. The statute, numerous court decisions, and best practices provide ample guidance about when fair use applies. Fair use is widely used by journalists, researchers, and search engines—and, increasingly, by software preservationists.

The “How Fair Use Helps in Saving Software” infographic is freely available as a PDF to embed on blogs and websites and to print and hand out at events. Share the link, embed the PDF on your site, print copies for your next event, and continue to support and work with your partners on promoting fair use.

This new infographic continues an ARL tradition of releasing an infographic in conjunction with Fair Use/Fair Dealing Week each year since 2015:

Fair Use/Fair Dealing Week is an annual, international celebration coordinated by the Association of Research Libraries to promote the opportunities presented by fair use and fair dealing, highlight successful stories, and explain these doctrines. Fair Use/Fair Dealing Week 2019 is being observed this week, Monday, February 25, through Friday, March 1. You can participate on a single day during the week, multiple days, or the full week—publish a blog post, host an event, share resources. Visit fairuseweek.org to participate or find additional resources.