by administrator
on April 20, 2012
In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.
 amicus-hathi-trust-20apr12.pdf
Terms:2012, 2012, 2012, 2012, 2012, 2012, 2012, Amicus Brief, Amicus Brief, Amicus Brief, Amicus Brief, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Orphan Works, Orphan Works, Orphan Works, Orphan Works, Publications, Section 108, Section 108, Section 108, Section 108, Section 108, Section 108, Section 108, Text, Text, Text, Text
by administrator
on April 10, 2012
Terms:2012, 2012, 2012, 2012, 2012, 2012, 2012, Code of Best Practices in Fair Use, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Publications, Text, Text, Text, Text
by administrator
on March 12, 2012
Terms:2012, 2012, 2012, 2012, Code of Best Practices in Fair Use, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Publications, Report, Report, Report, Report, Text, Text, Text, Text
by administrator
on February 24, 2012
Memorandum discussing legal issues in website archiving.
band-new-day-for-archiving-2.0-23feb12.pdf
Terms:2012, 2012, 2012, 2012, 2012, 2012, 2012, Copyright, Copyright, Copyright, Copyright, Jonathan Band, Jonathan Band, Jonathan Band, Jonathan Band, Publications, Report, Report, Report, Report, Text, Text, Text, Text
by administrator
on February 21, 2012
Flyer discussing the advantages of an approach to determining fair use that is rooted in professional consensus, rather than (for example) negotiating standards with right holders or consulting legal experts.
fair-use-code-academic-research.pdf
Terms:2012, 2012, 2012, 2012, 2012, 2012, 2012, Code of Best Practices in Fair Use, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Publications, Text, Text, Text, Text
by administrator
on February 16, 2012
The ability to make reasonable "fair use" of copyrighted material is both economically and culturally important to the enterprise of education. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "educational exceptionalism," for which there is no clear basis in U.S. Copyright law. Instead, they should seek to take advantage of current trends in copyright caselaw, including the marked trend toward preferring uses that are "transformative," where the amount of content used is appropriate to the transformative purpose. Over twenty years, we have accumulated considerable information about what constitutes "transformativeness," and members of the education community are well-positioned to provide persuasive narratives explaining how educational uses significantly repurpose and add value to the copyrighted content they incorporate. Published in Law & Literature, Vol. 24 No. 3 (Fall 2012).
jaszi-education-and-fair-use.pdf
Terms:2012, 2012, 2012, 2012, 2012, 2012, 2012, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Peter Jaszi, Peter Jaszi, Peter Jaszi, Peter Jaszi, Publications, Report, Report, Report, Report, Text, Text, Text, Text
by administrator
on February 06, 2012
On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union) golan_summary_06feb12.pdf
Terms:2005–2009, 2005–2009, 2005–2009, Copyright, Copyright, Copyright, Copyright, Court Cases, Court Cases, Court Cases, Court Cases, Jonathan Band, Jonathan Band, Jonathan Band, Jonathan Band, Orphan Works, Orphan Works, Orphan Works, Orphan Works, Publications, Report, Report, Report, Report, Text, Text, Text, Text, Text, Text, Text
by administrator
on January 25, 2012
Flyer discussing copyright education and academic integrity codes. Code-brief-copyright-education-2012.pdf
Terms:2012, 2012, 2012, 2012, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Publications, Report, Report, Report, Report, Text, Text, Text, Text
by administrator
on January 25, 2012
Announcement that of ARL's joint project with the Center for Social Media at American University, and the Program on Information Justice and Intellectual Property in American University's Washington College of Law, to prepare a code of best practices in fair use for academic and research libraries.
fair-use-code-1pager.pdf
by administrator
on January 25, 2012
Several "official" and formal guidelines that attempt to define the scope of fair use for specific applications—notably for education, research, and library services—have emerged in the years since passage of the Copyright Act of 1976. Although some interested parties and some governmental agencies have welcomed these guidelines, none of them ever has had the force of law. This article analyzes the origins of guidelines, the various governmental documents and court rulings that reference the guidelines, and the substantive content of the guidelines themselves to demonstrate that in fact the guidelines bear little relationship, if any, to the law of fair use.
fair-use-code-crews.pdf
Terms:2005–2009, 2005–2009, 2005–2009, Copyright, Copyright, Copyright, Copyright, Fair Use, Fair Use, Fair Use, Fair Use, Kenneth D. Crews, Kenneth D. Crews, Kenneth D. Crews, Kenneth D. Crews, Publications, Report, Report, Report, Report, Text, Text, Text, Text, Text, Text, Text
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