Tag Archives: CODE

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.

Re:create Coalition Opposes Creation of Copyright Office as an Independent Agency

On September 30, 2015, the Re:Create Coalition released a letter supporting modernization of the Copyright Office while opposing the establishment of the Copyright Office as an independent agency (as suggested in a discussion draft bill by Representatives Chu (D-CA) and Marino (R-PA)).  It points out that while some have claimed that consensus exists to make the Copyright Office an independent agency, no such consensus exists.

The letter notes that while modernization is needed, creating an independent Copyright Office will not solve the information technology challenges the office faces.  Additionally, the letter states:

In this digital age, we agree there is a clear need to upgrade and modernize the Copyright Office and view the upcoming appointment of a new Librarian of Congress for the first time in three decades as an opportunity for just such potentially transformative change. We believe that reforms both to improve the process of registering copyrights and to improve the transparency and accessibility of this information to the public are crucial. Additionally, while Re:Create members have diverse views as to the appropriate home for the Copyright Office, we are united in our belief that the case has not been made for transforming the Copyright Office into an independent agency.

The letter also calls for the Copyright Office to be more responsive to the public, pointing out that:

A thoroughly modern Copyright Office will be one able to carefully weigh the interests of rights-holders, the rapidly evolving creative market, and the greater public of information users and consumers (often creators themselves), with an eye toward finding the appropriate balance to foster more, rather than less, speech. For example, in the context of the Digital Millennium Copyright Act (DMCA) rulemaking, a more thorough and balanced assessment of the public’s reliance on exemptions for cell phone unlocking or access to works for the blind and print-disabled could have altered the Office’s ultimately countermanded recommendations to eliminate those exemptions. In the case of cell phone unlocking, a fuller consideration of the needs of the public during the rulemaking process may even have prevented the need for Congress to step in to protect consumers’ ability to use the devices they own on the  network of their choice.