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Educational Fair Use Today

Three recent appellate decisions concerning fair use should give educators and librarians greater confidence and guidance for asserting this important privilege. In all three decisions, the courts permitted extensive copying and display in the commercial context because the uses involved repurposing and recontextualization. The reasoning of these opinions could have far-reaching implications in the educational environment.

pdf band-edu-fair-use-today-dec07.pdf

 
 

Greenberg v. National Geographic Society: Amicus Brief in support of National Geographic Society

Two photographers claimed that the inclusion of their photographs in the National Geographic Society's (NGS) CD-ROM version of the NGS magazine violated their copyrights and that the NGS was not exempt under Section 201(c) of the Copyright Act.

pdf amici-greenberg-18oct07.pdf

 
 

Greenberg v. National Geographic Society, Appeal from the United States District Court for the Southern District of Florida (Jun. 13, 2007)

This case presents the question of whether Section 201(c) of the Copyright Act accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues.

pdf greenbergreversal13june07.pdf

 
 

Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use [executive summary]

While policymakers pay much attention to copyrights, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of Fair Use, are vital to many industries and stimulate growth across the economy.

pdf ccia-fair-use-study-exec-2006.pdf

 
 

Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use

Summary findings of a study conducted to quantify the economic contribution of fair use to the US economy.

ppt ccia-fair-use-study-slides.ppt

 
     

Letter to Deborah Platt Majoras re: In the Matter of Consumer Fair Use and Related Rights (Aug. 1, 2007)

Letter from library associations in support of the the request for investigation and complaint for injunctive relief filed by the Computer & Communications Industry Association (CCIA) in the matter of Consumer Fair Use and Related Rights.

pdf ftc_complaint_01aug07.pdf

 
 

Mandatory Public Access to Federally Funded Research Does Not Violate Copyright Obligations

Statement from ARL, SPARC, and ALA refuting the argument of several publishers of scientific, technical, and medical (STM) journals who argued that proposed legislative changes to the NIH Public Access Policy would violate U.S. treaty obligations under Article 13 of TRIPS and Article 9 of the Berne Convention, and potentially constitute a "compulsory license."

pdf public-access-statement-nih-july07.pdf

 
 

Library Preservation: Changes Incorporated in H.R. 2281, The Digital Millennium Copyright Act of 1998 (PL 105-304)

Addresses changes to Section 108 of the Copyright Act due to passage of the Digital Millenium Copyright Act.

pdf dmca-section108-changes.pdf

 
 
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