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Fair Use

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.

pdf lt-kasunic-dvdpanel-08sep09.pdf

 
 

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.

pdf balanced-copyright-statement.pdf

 
 

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.

pdf amicus-salinger-03aug09.pdf

 
   

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.

pdf band-harry-potter-29sept08.pdf

 
   

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.

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

 
 

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.

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

 
 

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.

ppt ccia-fair-use-study-slides.ppt

 
 

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.

pdf ftc_complaint_01aug07.pdf

 
 

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.

pdf ltr_fairuse-cosponsor-hr-21mar07.pdf

 
 

Library Copyright Alliance Strongly Supports HR 1201, the FAIR USE Act (Feb. 7, 2007)

Library Copyright Alliance (LCA) press release in support of the introduction of the Freedom and Innovation Revitalizing US Entrepreneurship (FAIR USE) Act of 2007, HR 1201.

pdf lca_fair_use_feb07.pdf

 
 

Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations

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.

pdf campus-copyright-dec05.pdf

 
 

Detailed Responses to Section 108 Working Group Questions

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.

pdf section108-working-group-2006.pdf

 
 

In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Comments from the Library Associations

Comments submitted in response to the US Copyright Office's Notice of Inquiry (NOI) dated October 15, 2002, on whether noninfringing uses of certain classes of works are likely to be adversely affected by section 1201(a)(1) of the Copyright Act, which prohibits the circumvention of measures that effectively control access to copyrighted works. These comments were submitted on behalf of five major library associations--American Association of Law Libraries (AALL), American Library Association (ALA), Association of Research Libraries (ARL), Medical Library Association (MLA), and Special Libraries Association (SLA).

pdf noi1201comments18dec02.pdf

 
   

Letter to Lamar S. Smith re: Piracy Deterrence and Education Act of 2003 (Jul. 24, 2003)

Letter from library associations expressing concern with certain provisions of H.R. 2517, the "Piracy Deterrence and Education Act of 2003."

pdf lt-smith-piracy-deterrence-24jul03.pdf

 
 

Membership Meeting 1998 (Fall): The Digital Millennium: What Does It All Mean?

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

pdf mm98fall-lutzker.pdf

 
       

Fair Use in Digital Environments: The Work of the Conference on Fair Use (CONFU)

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.

pdf fairuse-confu-27feb96.pdf

 
 

Fair Use in the Electronic Age: Serving the Public Interest

This statement, released on January 18, 1995, outlines the lawful uses of copyrighted works by individuals, libraries, and educational institutions in the electronic environment. The statement was developed by representatives of the following associations: American Association of Law Libraries, American Library Association, Association of Academic Health Sciences Library Directors, Association of Research Libraries, Medical Library Association, and Special Libraries Association.

pdf fair-use-in-the-electronic-age-serving-the-public-interest-1995.pdf

 
 

Intellectual Property: An ARL Statement of Principles

This statement of seven principles adopted by the ARL Membership in May 1994 affirms the rights and responsibilities of the research library community in the area of copyright.

pdf intellectual-property-an-arl-statement-of-principles-1994.pdf

 
 

Strong Fair Use Decision Issued in Bouchat v. Ravens

baltimore-ravens-playing buffalo-billsimage © Lauren SwiecickiIn a long-running legal dispute between Frederick E. Bouchat and the Baltimore Ravens along with the National Football League (NFL), a federal appeals court has ruled that the use of the former Ravens logo by the Ravens and the NFL was fair use. The case involved the incidental use of copyrighted logos in films about historical events—football games, in this instance.

 
 

GSU Copyright Case: Post-Argument Panel to Be Held, Webcast Nov. 19

Georgia State University LibraryGSU Library
image © Jason Puckett
In 2012, the North Georgia District Court ruled largely in favor of Georgia State University (GSU) in the ongoing copyright lawsuit initiated by Cambridge University Press, Oxford University Press, and SAGE Publishers. The decision was the first US federal court decision specifically addressing fair use and electronic reserves. Plaintiff publishers appealed on many points of the ruling.

 
 

Briefing: Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?

This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:

 
 

Briefing: Copyright Education, Academic Integrity Codes, and Fair Use

Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.

 
 

Briefing: Demystifying Technical Protection Measures (TPMs) in the Library

The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.

 
 

Briefing: The Cost of Conservatism to Academic and Research Librarians’ Mission

When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.

 
 
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