Reply Brief for Petitioner in Kirtsaeng v Wiley
The case of Kirtsaeng v. Wiley & Sons, a case in which the key issue is the proper scope of the "first-sale doctrine" in copyright law. In this case, the first-sale doctrine is being challenged by a publisher who seeks to block re-sale in the US of the cheap editions of textbooks it authorized to be printed and sold abroad.
Letter to Ron Kirk re: Trans-Pacific Partnership (TPP) Agreement (Aug. 15, 2012)
Letter to Ambassador Ron Kirk, United States Trade Representative, concerning the US proposal for copyright exceptions and limitations in the Trans-Pacific Partnership (TPP) Agreement
Success of Fair Use Codes of Best Practices
Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights? This document describes specific examples of success with using codes of best practice.
Amici Curiae Brief in Support of Kirtsaeng
The Association of Research Libraries (ARL) joined the American Library Association (ALA) and the Association of College and Research Libraries (ACRL), who all work collectively as the Library Copyright Alliance (LCA), to file an amicus curiae brief with the Supreme Court of the United States in support of petitioner Supap Kirtsaeng in the case Kirtsaeng v. Wiley & Sons.
Research Library Issues, no. 279 (June 2012)
RLI issue 279 includes:
- Digitization of Special Collections and Archives: Legal and Contractual Issues
- Model Deed of Gift
- Model Deed of Gift, including Mixed IP Rights
- Model Digitization Agreement
- Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections
Georgia State University (GSU) Fair Use Decision Recap and Implications: Issue Brief
On Friday, May 11, 2012, Judge Orinda Evans released her 350-page opinion in the copyright infringement lawsuit against Georgia State University. This issue brief summarizes the key rulings in the case and discusses some possible consequences for libraries generally.
Georgia State University (GSU) Fair Use Decision Recap and Implications: Memo to ARL Library Directors
This memo summarizes the key rulings in the Georgia State University (GSU) lawsuit concerning the use of electronic course reserves and discusses some possible consequences for libraries generally.
Membership Meeting 2012 (Spring): Phase Three: The Code of Best Practices Hits the Road
Proceedings of the 160th ARL Membership Meeting, May 2012.
Authors Guild v. Hathi Trust Amicus Brief
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.
Why Best Practices in Fair Use? A Compendium of Key Articles
Code of Best Practices in Fair Use: FAQ for Librarians/General Overview
A New Day for Website Archiving 2.0
Memorandum discussing legal issues in website archiving.
Academic Research on Fair Use and Codes of Best Practices
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 and Education: The Way Forward
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).
Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws
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)
Copyright Education, Academic Integrity Codes and Fair Use
Flyer discussing copyright education and academic integrity codes.
The Law of Fair Use and the Illusion of Fair-Use Guidelines
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.
Code of Best Practices in Fair Use: FAQ for Professors
Code of Best Practices in Fair Use: FAQ for Students
Code of Best Practices in Fair Use: Designing the Public Domain
This Note from the Harvard Law Review organizes research on pro-social motivation around the motivation-fostering effects of empowerment, community, and fairness. By incorporating these norms into the cultural architecture of the public domain, we can promote greater information production at less cost than by relying solely on the intellectual property system's traditional tools of exclusion.
Code of Best Practices in Fair Use: Fair Use and Research Libraries
Discusses copyright and its problems, why librarians need useable fair use, and the Code of Best Practices in Fair Use for Academic and Research Libraries
Code of Best Practices in Fair Use: Fair Use and Students
Discusses why students need to understand fair use, copyright and its problems, how codes of best practices help
USPTO Position on Fair Use of Copies of NPL Made in Patent Examination
Memorandum from Bernard J. Knight, Jr. discussing the application of the fair use doctrine to the use of non-patent literature (NPL) in the patent examination process.
Accessibility, The Chafee Amendment, and Fair Use
Flyer discussing fair use and the reproduction of material for use by disabled students, faculty, staff, and other appropriate users.
You Can't Be Too Careful: The Cost of Conservatism to Academic and Research Librarians' Mission
Argues the value of the Code of Fair Use for Academic and Research Libraries to help librarians determine fair use guidelines for their institutions.
Letter to Congressional Representatives re: SOPA (Dec. 21, 2011)
Letter thanking representatives for their "advocacy of First Amendment rights and the value of an open and secure Internet during last week's markup of the Stop Online Piracy Act (SOPA)."
Letter to Ron Wyden, Darrell Issa, and Jason Chaffetz re: Legislation on foreign infringing websites (Dec. 12, 2011)
Letter from the Library Copyright Alliance encouraging the release of a discussion draft bill to address the problem of foreign infringing websites.
In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Comments of the Library Copyright Alliance and the Music Library Association
Comments of the Library Copyright Alliance and the Music Library Association.
Letter to Lamar Smith and John Conyers re: Stop Online Piracy Act, H.R. 3261 (Nov. 8, 2011)
Library Copyright Alliance letter to John Conyers and Lamar Smith.
Membership Meeting 2011 (Fall): Undue Diligence
Presented at the 159th ARL Membership Meeting, October 2011.