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.
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. Order from ARL Publications.
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): Are Libraries Rising to the Fair Use Challenge?
Presented at the 157th ARL Membership Meeting, October 2010.
Membership Meeting 2010 (Fall): Fair Use in Research Libraries
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
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.
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.
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.
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.
Oral Testimony of Jonathan Band on Behalf of ALA, ACRL, and ARL on Renewal and Expansion of the Film Clip Compilation Exemption to the DMCA Section 1201 Prohibition on Circumvention of Access Control Technologies
How Fair Use Prevailed in the Harry Potter Case
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.
Membership Meeting 2008 (Spring): Section 108 Study Group
Proceedings of the 152nd ARL Membership Meeting, May 2008.
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.
Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use [executive summary]
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.
Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use
Summary findings of a study conducted to quantify the economic contribution of fair use to the US economy.
Letter to Deborah Platt Majoras re: In the Matter of Consumer Fair Use and Related Rights (Aug. 1, 2007)
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.
Letter to Representatives re: H.R. 1201, The FAIR USE Act (Mar. 21, 2007)
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.