Tag Archives: fairuseweek

Roundup From Day 3 of Fair Use/Fair Dealing Week 2017

*Cross-posted from Fair Use Week*

Check out all the great posts from Day 3 of Fair Use/Fair Dealing Week 2017! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Videos

ACRL Presents Fair Use Week “Using Fair Use To Preserve and Share Disappearing Government Information: A Guide for Rogue Librarians” with Lillian Rigling and Will Cross, NCSU Libraries

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

Brigham Young University Copyright Licensing Office on taking the fear out of fair use: “Fear Use

Let’s Talk Library video “Let’s Talk . . . Fair Use

Resources

New Media Rights, The Fair Use App

Blog Posts/News Articles

Leigh Beadon on Techdirt “Celebrate Fair Use With a New T-Shirt from Techdirt

Krista L. Cox on Copyright at Harvard Library. “Debunking Fair Use Myths” (Cross posted to ARL Policy Notes)

Cassie Deskus and Kristen Iglesias on Authors Alliance blog, “First Sale, Fair Use, And Digital Downloads: Capitol Records v. ReDigi

Copyright @ Western University, “Copyright Fair Dealing Analysis

Cory Doctorow on Boing Boing, “Let it Go, the Fair Use Week mashup version

Michael Geist, “The Copyright Lobby’s IIPA Report: Fake News About the State of Candian Coypright

Zan Gillies on CMSi blog, “Roger C. Memos: ‘Sweet Adversity’ and Fair Use

Julie Hare in The Australian, “Copyright laws ‘a hindrance to innovation’: Google

Marlo MacKay on The Libvine, “Fair Dealing: Why Is it Important?

Mike Masnick on Techdirt “The MPAA Versus Fair Use

Anali Perry on TeachOnline at Arizona State University, “Fair Use Week—Fair Use in Online Instruction

Shiva Stella on Public Knowledge, “Public Knowledge Launches Copyright Educational Video Based on Frozen’s ‘Let it Go’

Scholarly Communication @ Temple, “Fair Use from a Scholarly Publisher Perspective

Rebecca Tushnet on 43(B)log, “Reading list: aesthetic nondiscrimination and fair use

UCSF Library, “Four Factors of Fair Use—The First Factor: The Purpose and Character o the Use

UCSF Library, “Four Factors of Fair Use—The Second Factor: The Nature of the Copyrighted Work

University of Virginia Library News & Announcements, “Brandon Butler Suggests Simple Guideline for Celebrating Fair Use Week

Timothy Vollmer on Creative Commons blog “Copyright Filtering Mechanisms Don’t (and can’t) Respect Fair Use

Roundup From Day 2 of Fair Use/Fair Dealing Week 2017

*Cross-posted from Fair Use Week*

Check out all the great posts from Day 2 of Fair Use/Fair Dealing Week 2017! Don’t see yours? Contact us to get yours added! You can view previous roundups here.

Podcasts

Re:Create Copy This Podcast Episode 4: Fair Use: You Use It More Than You Realize with Corynne McSherry (EFF)

Videos

CMSi, Fair Use Video Code: Documentary Filmmakers’ Statement of Best Practices

Blog Posts

Authors Alliance,Fair Use Week: Our Best Practices Guide is Underway

Jonathan Band on ARL Policy Notes Blog,Copyright Notice and Fair Use

Brandon Butler on Copyright at Harvard University Blog,Fair Use and Open Access: Two Great Tastes That Taste Great Together

Canadian Association of Research Libraries,CARL Statement in support of Fair Use/Fair Dealing Week 2017

Melanie Clark on Visual Resources Association Blog,Fair Use Week: Image Sources

EDUCAUSE,Fair Use

Ellen Euler, Anne Klammt und Oliver Rack on Deutsch Digitale Bibliothek,Bereit zu teilen?” (translation: “Ready to Share?”)

David Hansen on Scholarly Communications @Duke,Fair Use For Authors

Brandy Karl on Penn State Copyright Portal,Penn State Celebrates Fair Use Week 2017 #WeAreFairUse

Brandy Karl on Penn State Copyright Portal,Fair Use Myths & Facts #WeAreFairUse

Joshua Lamel,Fair Use: You Use It More Than You Realize

Mayra Linares on CMSi,How to Use Copyrighted Material in Your Work: Fair Use Week

Jeremy Malcolm, Electronic Frontier Foundation,Australia’s Battle Over Fair Use Boils Over

Jim Neal in The Hill,Balance is Everything

Stakebait on Archive of Our Own, “In Defense of Fanfiction (a sonnet to Fair Use)

Rebecca Reznik-Zellen on LSL Now,Fair Use Week 2017

Adrian Sheppard on The QUAD Where UAlberta Meets Online,The Importance of Fair Dealing

Happy Fair Use/Fair Dealing Week!

Today, we’re kicking off Fair Use/Fair Dealing Week 2016!

While we believe every week is fair use and fair dealing week, February 22-26 is a time to celebrate the important doctrines that provide essential balance in copyright law.  ARL has a number of resources that will be released this week, so stay tuned!  Last year, a number of great resources were created and shared including an infographic, podcasts, a comic book, blog posts and more.  A summary of some of the highlights from Fair Use/Fair Dealing Week 2015 is available here.

Check out all the resources and events (which will updated as the week progresses) herel.  Don’t forget to follow ARLpolicy and FairUseWeek on Twitter.

Harvard Fair Use Week: Best Practices in Fair Use

This week is #FairUseWeek at Harvard. You can follow all the action here, including fair use posts by guest bloggers, videos about fair use, and a live panel on Friday. You can also follow twitter.com/fairuseweek for more updates throughout the week.

The post below is cross posted at Copyright at Harvard Library

Harvard’s Fair Use Week is an opportunity to reflect not only on the importance the doctrine has already had in the academic library community, but also to consider its future role in an ever-changing world of new technologies and circumstances. A professional community consensus on fair use with respect to when and how the doctrine is applied can provide powerful guidance, defining community standards and best practices. The Code of Best Practices in Fair Use for Academic and Research Libraries provides such guidance to a number of areas where fair use applies, including in the digital environment.

Fair use plays a critical role in the copyright system, promoting a balanced system respecting the rights of rightholders while also promoting the public interest and protecting the First Amendment. As a flexible doctrine, fair use can adapt to evolving technologies and new situations that may arise and its long history demonstrates its importance in promoting access to information, future innovation and creativity. Without this flexibility, the law would simply be unable to keep pace with rapid changes and advancements in technology. Within the academic library community, fair use has allowed for better service to patrons in areas of preservation, providing access to information resources, enhancing research, promoting education, among others, particularly where specific limitations and exceptions in the Copyright Law fail to address a particular situation.

The House Judiciary Committee on Subcommittee on Courts, Intellectual Property and the Internet is currently undergoing a “copyright review” and has already held four hearings, the most recent of which addressed “The Scope of Fair Use.” The hearing examined not only the current scope and practice of fair use, but also looked toward what the future of the doctrine might be, particularly whether any changes were necessary.

During the hearing, Members posed questions that covered a wide range of issues including, among others, how to define “transformative,” whether exporting the doctrine to other countries is appropriate and whether fair use is currently working for all groups. Most comments indicated that fair use is working and statutory changes are not necessary, however some raised questions regarding whether jurisprudence on fair use has been predictable. Best practices developed through community consensus and standards goes to the heart of this issue, promoting predictability for both those relying on fair use as well as for the rightholders.

Members expressed interest in best practices during the hearing. For example, Judiciary Committee Ranking Member Conyers (D-MI) referenced best practices twice during his opening statement. After noting the historic application of the fair use doctrine in a broad range of contexts which has been made possible by the flexibility of the doctrine, Conyers concluded by encouraging development best practices: “Fair use impacts all types of industries including filmmaking, poetry, photography, music, education and journalism. We must continue to encourage these industries to develop best practices.” Similarly, Rep. Lofgren (D-CA) seemed to signal interest in best practices when she asked the Chair of the subcommittee to adopt into the record the Code of Best Practices in Fair Use for Online Video.

This interest in best practices is not limited to the legislative branch. While courts are guided by the four statutory fair use factors, in practice, they have also looked to the standard practices of the communities from which the case originates in determining whether fair use applies in a given circumstance. Codes of best practices can guide members of those communities in determining whether fair use applies in a particular circumstance and how to exercise this doctrine in a manner considered acceptable in that particular professional community, thereby minimizing risk of litigation.

The Code of Best Practices in Fair Use for Academic and Research Libraries is therefore an important and useful tool for academic and research libraries making determinations as to what activities are likely to fall under fair use and how to exercise the doctrine. Developed by and for the academic and research library community, the Code identifies eight areas where fair use is commonly exercised and articulates the principles describing each circumstance, a list of considerations to inform these practices, the limitations that are recommended, and enhancements that could strengthen the case for fair use in those situations. These areas include:

  1. Supporting teaching and learning with access to library materials via digital technologies;
  2. Using selections form collection materials to publicize a library’s activities, or to create physical and virtual exhibitions;
  3. Digitizing to preserve at-risk items;
  4. Creating digital collections of archival and special collections materials;
  5. Reproducing materials for use by disabled students, faculty, staff and other appropriate users;
  6. Maintaining the integrity of works deposited in institutional repositories;
  7. Creating databases to facilitate non-consumptive research uses (including search); and
  8. Collecting material posted on the world wide web and making it available.

While some may be hesitant in exercising fair use because of perceived unpredictability, the Code of Best Practices provides reassurances that such activities are considered to be fair use in the community, a factor likely to be looked upon favorably by both Congress and the courts. Such best practices lend predictability to the fair use doctrine, demonstrating a consensus view on the areas where fair use should be exercised and the limitations that should be observed.

Congress need not make statutory changes to a doctrine that has served the public well, providing a crucial “safety valve” in copyright law. Instead, professional communities should continue to develop and rely upon best practices, such as the Code of Best Practices in Fair Use for Academic and Research Libraries, lending greater predictability and certainty to fair use, including in areas of emerging technology.

Don’t forget to check back in throughout the week for more posts about fair use here.