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).
Copyright Education, Academic Integrity Codes and Fair Use
Flyer discussing copyright education and academic integrity codes.
ARL, Center for Social Media, PIJIP to Prepare Code of Best Practices in Fair Use for Academic and Research Libraries
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.
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.
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.
Membership Meeting 2011 (Fall): Undue Diligence
Presented at the 159th ARL Membership Meeting, October 2011.
Balanced Copyright Preserves the Right to Innovate
Statement from ARL and other associations arguing that, while copyright promotes creativity, many of the specific measures adopted or recently proposed to protect copyright in the digital age actually impede innovative technologies and services.
Research Library Issues, no. 275 (June 2011): Report of the Task Force on International Interlibrary Loan and Document Delivery Practices
RLI issue 275 includes:
- Report of the Task Force on International Interlibrary Loan and Document Delivery Practices
- White Paper: International Interlibrary Loan
- White Paper: US Law and International Interlibrary Loan
- White Paper: Trends in Licensing
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 code-of-best-practices-fair-use.pdf
Print copies are also available for $2.00 each plus shipping & handling.
Research Library Issues, no. 273 (Dec. 2010)
RLI issue 273 includes:
- Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
- The Importance of Net Neutrality to Research Libraries in the Digital Age
- Challenges in Employing Fair Use in Academic and Research Libraries
- Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation
Letter to Tracey L. Armstrong re: Copyright Clearance Center (CCC) underwriting litigation (Nov. 11, 2010)
Letter expressing ARL's disappointment with the decision by the Copyright Clearance Center (CCC) to underwrite 50% of the plaintiffs' costs in the litigation by three publishers against Georgia State University.
Membership Meeting 2010 (Fall): Fair Use in Research Libraries
Presented at the 157th ARL Membership Meeting, October 2010.
Membership Meeting 2010 (Fall): Are Libraries Rising to the Fair Use Challenge?
Presented at the 157th ARL Membership Meeting, October 2010.
Research Library Issues, no. 270 (June 2010)
RLI issue 270 includes:
- Celebrating 10 Years of ARL’s Initiative to Recruit a Diverse Workforce
- ETDs and Graduate Education: Programs and Prospects
- Urban Copyright Legends
- Open Access Week: Library Strategies for Advancing Change
Issue Brief: Streaming of Films for Educational Purposes
Fair Use Challenges in Academic and Research Libraries
This report summarizes research into the current application of fair use to meet the missions of U.S. academic and research libraries. Sixty-five librarians were interviewed confidentially by telephone for around one hour each. They were asked about their employment of fair use in five key areas of practice: support for teaching and learning, support for scholarship, preservation, exhibition and public outreach, and serving disabled communities.
GSU Fair Use Order
This is a copyright infringement case brought against various officials of the University System of Georgia, including officials of Georgia State University. Plaintiffs are three publishing houses who claim that Defendants are responsible for infringement of their copyrighted works. They complain of Georgia State's practice of allowing professors and other instructors to utilize electronic systems to reproduce and distribute excerpts from copyrighted works for academic use by Georgia State students, without paying copyright fees to them. Plaintiffs seek injunctive and declaratory relief.
Research Library Issues, no. 266 (Oct. 2009)
RLI issue 266 includes:
- Removing All Restrictions Cornell’s New Policy on Use of Public Domain Reproductions
- Evolving Preservation Roles and Responsibilities of Research Libraries
- SPARC Explores Income Models for Supporting Open-Access Journals
- ARL Salary Survey Highlights
Performance of or Showing Films in the Classroom
This piece was written in hopes of clarifying one aspect of the confusion on digital delivery of content to the "physical" classroom.
Letter to Rob Kasunic re: August 21 Supplemental Questions to DVD-Related Hearing Panelists (Sept. 8, 2009)
Letter to Rob Kasunic, principal legal advisor, US Copyright Office, in response to questions about proposed DVD-related exemptions to Section 1201.
Salinger v. Colting: Amicus Brief
Brief of Amici Curiae American Library Association, Association of Research Libraries, Association of College and Research Libraries, The Organizations for Transformative Works and the Right to Write Fund in support of the defendants.