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.
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).
Flyer discussing copyright education and academic integrity codes.
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.
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.
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
Discusses why students need to understand fair use, copyright and its problems, how codes of best practices help
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.
Flyer discussing fair use and the reproduction of material for use by disabled students, faculty, staff, and other appropriate users.
Argues the value of the Code of Fair Use for Academic and Research Libraries to help librarians determine fair use guidelines for their institutions.
Comments of the Library Copyright Alliance and the Music Library Association.
Presented at the 159th ARL Membership Meeting, October 2011.
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
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.
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 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.
Presented at the 157th ARL Membership Meeting, October 2010.
Presented at the 157th ARL Membership Meeting, October 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
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.
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.
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.
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
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, principal legal advisor, US Copyright Office, in response to questions about proposed DVD-related exemptions to Section 1201.
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.