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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.

pdf amicus-hathi-trust-20apr12.pdf

 
     

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.

pdf fair-use-code-academic-research.pdf

 
 

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).

pdf jaszi-education-and-fair-use.pdf

 
   

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

 
 

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

 
   

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.

pdf fair-use-code-uspto.pdf

 
 

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.

pdf Code-brief-chaffee-amendment-2012.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

 
     

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 pdf 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.

pdf lt-ccc-gsu-11nov12.pdf

 
     

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.

pdf fair-use-code-1pager.pdf

 
   

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.

pdf arl_csm_fairusereport.pdf

 
 

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.

pdf gsu-fairuse-order-30sept10.pdf

 
 

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
 
 

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