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Code of Best Practices in Fair Use for Academic Libraries

This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.

A PDF is available here pdf code-of-best-practices-fair-use.pdf

Print copies are also available for $2.00 each plus shipping & handling. Order from ARL Publications.

 
   

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.

pdf fair-use-code-crews.pdf

 
   

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.

pdf fair-use-code-harvard.pdf

 
 

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.

pdf fair-use-code-cost-of-conservatism.pdf

 
 

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

 
     

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

pdf fair-use-code-slides-lib.pdf

 
 
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