Fair Use

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

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-films-2010.pdf

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-fairuse.mp3

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-butler-jaszi.pdf

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.

arl_csm_fairusereport.pdf

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.

lt-ccc-gsu-11nov12.pdf

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.

gsu-fairuse-order-30sept10.pdf

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

Proceedings of the 152nd ARL Membership Meeting, May 2008.

mm08sp-neal.pps

Proceedings of the 133rd ARL Membership Meeting, "Confronting the Challenges of the Digital Era," October 1998.

mm98fall-lutzker.pdf

Presented at the 159th ARL Membership Meeting, October 2011.

mm11fall-farb.pdf

The Section 108 Study Group released a Background Paper and requested comments on issues relating to library and archival exceptions under Section 108. The library community provided written and oral statements to the Study Group. Based on the additional input from the library community, the responses in this document provide greater detail and in some instances, clarify the earlier statements filed in conjunction with the March Roundtables and the request for comment by the Study Group.

section108-working-group-2006.pdf

Comments submitted in response to the Copyright Office's Notice of Inquiry dated October 15, 2002, on behalf of five major library associations.

noi1201comments18dec02.pdf

Comments of the Library Copyright Alliance and the Music Library Association.

noi1201comments05.pdf

Reply Comments of Library Associations following public hearings.

noi1201comments27jun00.pdf

Letter from higher education and library associations to the US Patent and Trademark Office.

lt-steadman04feb03.pdf

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

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.

balanced-copyright-statement.pdf

This document, prepared by the Association of American Publishers, the Association of American Universities, the Association of American University Presses, and the Association of Research Libraries, is intended to present a basic explanation of copyright law with an emphasis on its application to colleges and universities.

campus-copyright-dec05.pdf

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.

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

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

ccia-fair-use-study-slides.ppt

dmca-1201-testimony-6may09.pdf

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.

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

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

Discusses fair use guidelines for multimedia.

fairuse-multimedia-feb96.pdf

Letter from the Library Copyright Alliance (LCA) strongly supporting the introduction of the Freedom And Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201.

ltr_fairuse-cosponsor-hr-21mar07.pdf

Paper disucssing fair use in digital environments, and particularly about the work of the Conference on Fair Use (or CONFU) to work out guidelines for "fair use" in educational and library settings now that digital, networked communication and publishing is becoming common. Presented at The National Federation of Abstracting and Information Services in Philadelphia, PA on February 27, 1996.

fairuse-confu-27feb96.pdf

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.

ftc_complaint_01aug07.pdf

In a highly publicized decision issued on September 8, 2008, US District Court Judge Robert Patterson ruled that Steven Vander Ark's Harry Potter Lexicon infringed J.K. Rowling's copyright. Although J. K. Rowling prevailed in the litigation, the big winner actually was fair use.

band-harry-potter-29sept08.pdf