Tag Archives: fair use week 2020

Fair Use/Fair Dealing Week Day 5 Roundup

Last week was 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 5 of Fair Use/Fair Dealing Week 2020! Don’t see yours? Contact us to get it added! You can view previous roundups here.

Blog Posts/News

Alvin Benjamin Carter III on Fair Use Week 2020 Tumblr, “Sampling In Cultural Context… in Court: ‘You never thought that hip-hop would take it this far’

Brandon Butler on The Taper, “Fair Use and Biography, A First Draft Interview

Brandon Butler on The Taper, “Is Sampling Finally Being Recognized as Fair Use? Kinda.

Kathleen DeLaurenti on Copyright at Harvard Library Blog, “Hacking Fair Use: Making Music Accessible

Marle McKay on Dalhousie Libraries’ Libvine Blog, “Fair Dealing Week 2020” (five-part series)

Robin Sinn on the Sheridan Libraries and University Museums Blog, “Fair Use Can Be Fun!

Sarah Hartman-Caverly on the ALA Intellectual Freedom Blog, “From Lawyers to Language Practices: Two Hip-Hop Professors and the Living Legacy of 2 Live Crew

Fair Use/Fair Dealing Week 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 2020! Don’t see yours? Contact us to get it added! You can view previous roundups here.

Blog Posts/News

Chase Ollis on ACRL Insider, “Learning Opportunities: Fair Use/Fair Dealing

Dave Hansen on Copyright at Harvard Library Blog, “Fair Use: Copyright’s Deus Ex Machina?

Jonathan Band on ARL Policy Notes, “Fair Use in South Africa

Jonathan Band on The DisCo Project, “Harry Potter and the Circular Logic: Oracle and the Solicitor General’s Supreme Court Briefs

Public Knowledge Project, “Fair Use, Worth Celebrating – But Open Access Needs Copyright Reform

Fair Use in South Africa

Guest blog post by Jonathan Band, policybandwidth and counsel to the Library Copyright Alliance

The United States Trade Representative (USTR) is reviewing the eligibility of South Africa (SA) for trade preferences because the SA Parliament has passed a Copyright Amendment Bill (CAB) that the International Intellectual Property Alliance (IIPA) claims will result in inadequate and ineffective protection of copyright in SA. The IIPA consists of US-based copyright associations such as the Motion Picture Association, the Recording Industry Association of America, and the Association of American Publishers. While IIPA raises numerous objections to the CAB, the focus of IIPA’s opposition is that the CAB adopts a US-style fair use right.

IIPA generally urges USTR to pressure foreign governments to adopt US copyright principles. IIPA, however, has consistently opposed the export of fair use. To be sure, IIPA members routinely rely on fair use when sued for infringement in the United States. The IIPA petition, therefore, sets forth justifications for opposing SA’s adoption of a central feature of US copyright law. These justifications have no merit.

First, IIPA states that the CAB creates a “hybrid” system combining a flexible fair use provision with specific exceptions. But that is exactly what US law does, as well as every other country that has fair use. For example, the US Copyright Act combines fair use with specific exceptions for libraries and archives (section 108); educational institutions, religious organizations, and small restaurants (section 110); users of computer programs (section 117); and authorized entities that provide services for people with print disabilities (sections 121 and 121A).

Second, IIPA complains that SA lacks the legal precedent—established over decades—that has served to define, refine, and qualify that doctrine in the United States. Under this reasoning, no country could ever adopt fair use.  Moreover, via the internet, judges in SA would have easy access to hundreds of fair use decisions in the United States, as well as the opinions by judges in the other jurisdictions that have fair use exceptions. Indeed, SA judges can rely upon online tools such as the US Copyright Office’s Fair Use Index, which contains a searchable database of summaries of hundreds of fair use decisions. The Copyright Office explains, “The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public,” thereby directly addressing IIPA’s concerns. (In the introduction to its Fair Use Index, the Copyright Office notes, “Fair use is a longstanding and vital aspect of American copyright law.”)

Third, IIPA argues that SA does not have statutory damages, which copyright owners in the United States rely upon to deter and remedy infringement. The link between exceptions and remedies is unclear. Regardless, SA does allow the award of “additional damages” in cases of flagrant infringement. Additionally, SA follows the “English rule” for the award of attorney’s fees. Under the English rule, the prevailing party automatically recovers attorney’s fees. The English rule strongly discourages a defendant from pursuing a defense unless it has a high degree of confidence it would prevail. This would insure that defendants would not assert fair use frivolously.

On January 30, 2020, USTR held a hearing on IIPA’s petition, at which the Library Copyright Alliance (LCA), of which ARL is a member, testified in favor of maintaining trade preferences for SA. Additionally, LCA is submitting a post-hearing brief at the end of this week. The withholding of trade preferences could harm the SA economy by disrupting SA exports to the United States.

Other countries in Africa, and elsewhere in the developing world, are looking to see how this story ends. The CAB could become a model for progressive copyright legislation; or it could be a cautionary tale of what happens when a developing country tries to “step out of line.”

Fair Use/Fair Dealing Week 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 2020! Don’t see yours? Contact us to get it added! You can view previous roundups here.

Blog Posts/News

Carla Myers on Copyright at Harvard Library Blog, “Fair Use and Video Streaming

Hannah Gunderman and Matthew Lincoln on Carnegie Mellon Libraries Tartan Datascapes Blog, “Special Installment: dSHARP and Fair Use Analyses of Text Data Sources

Karen Coghlan on National Network of Libraries of Medicine Blog, “Fair Use/Fair Dealing Week

Sara Benson on IFLA Library Policy and Advocacy Blog, “The HathiTrust Digital Library: A Fair Use Story

University of Manitoba News, “Fair Dealing Week: Understanding User’s Copy Right

Event

UCLA Library, Sounds Fair to Me! The Copyright Game Show

Podcast

University of Illinois at Urbana-Champaign Library Copyright Chat, “Melissa Ocepek’s Insights into Copyright Instruction

Video

Association of College and Research Libraries, “ACRL Presents: Understanding Fair Use Through Case Law

Fair Use/Fair Dealing Week 2020 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 2020! Don’t see yours? Contact us to get it added! You can view previous roundups here.

Blog Posts/News:

Authors Alliance, “Fair Use Resource Roundup

Brandon Butler on Copyright at Harvard Library Blog, “The Feist-y Reason That Text and Data Mining is Fair Use

Erin Nevius on ACRL Insider, “ACRL Books Exploring Fair Use/Fair Dealing

Digital Exhibit:

Carnegie Mellon University Libraries, “Pertains To Me: I Heard the Mother of All Not Dead Youth, A Mountain Pensive, On Her Side, Gazing

Events

MIT Libraries, Fun and Legal: Making Art through Fair Use

Fair Use/Fair Dealing Week 2020 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 2020! Don’t see yours? Contact us to get it added! You can view previous roundups here.

Blog Posts/News:

Brandon Butler on The Taper, “Fair Use Week Day 1: “Fair Use in Seven Words” (Reprise)

Cathryn Copper on Open @VT Blog, “Fair Use in the Visual Arts

Christine Fruin on Atla Blog, “SCOOP: Fair Use Week 2020 – Fair Use in Pop Culture

Chase Ollis on ACRL Insider, “Celebrate Fair Use/Fair Dealing Week 2020

Denise Nicholson on IFLA Library Policy and Advocacy Blog, “Report on Status of Copyright Amendment Bill in South Africa

Kenneth D. Crews on Copyright at Harvard Library Blog, “Presidents, Politics, and Fair Use

LeEtta Schmidt, “USF Libraries Celebrate Fair Use Week

Oklahoma State University–Tulsa Blog, “What’s the Use in Fair Use?

Events:

Fair Use/Fair Dealing Week 2020 events

Fair Dealing Week 2020 events in Canada

Duke University Libraries, What happens when Netflix is Dead? How licensing and copyright threaten the future of our cultural heritage (and how Fair Use can save it)

Video:

Kyle Courtney, “Fair Use Fights Fascism: Some Fair Use Week Thoughts on the 1st Amendment & Fair Use