 HathiTrustOn June 3, the Library Copyright Alliance (LCA) filed an amicus brief (PDF) in support of HathiTrust and its partners as they defend their district court victory on appeal in the Second Circuit. LCA consists of three major library associations—the American Library Association, ARL, and the Association of College and Research Libraries—that collectively represent over 300,000 information professionals and thousands of libraries of all kinds throughout the US and Canada.
 "Cuppa MOOC," image © Cikgu BrianOn May 15, Brandon Butler, director of public policy initiatives at ARL, spoke about “MOOCs and the Copyright Challenge: Fair Use in the Balance” as part of the Leading Voices in Higher Education lecture series at Dartmouth College. The lecture series has featured visits from prominent writers, university presidents, and other figures in higher education.
 image © ed_needs_a_bicycleOn May 10, the Library Copyright Alliance (LCA) submitted comments (PDF) on the Transatlantic Trade and Investment Partnership (TTIP), a trade agreement currently being negotiated between the US and the European Union (EU). While negotiations are still in their preliminary stages, LCA urges the inclusion of provisions to harmonize public access to the results of government-funded research. LCA also cautions against the inclusion of an intellectual property chapter in the agreement.
 GSU Library
image © Jason PuckettThe Library Copyright Alliance (LCA) filed a “friend of the court” brief (PDF) late yesterday in support of Georgia State University (GSU) in the appeal of Cambridge U. Press et al. v. Mark P. Becker et al. In its brief, LCA argues that GSU’s e-reserves policy is consistent with widespread and well-established best practices for fair use at academic and research libraries, and that these uses have no negative effects on scholarship. LCA was represented by Jonathan Band and attorneys from the Electronic Frontier Foundation. The case is on appeal with the US Court of Appeals for the 11th Circuit.
The US Department of Justice (DOJ) decided not to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On February 22, 2013, the DOJ sent this letter to the court stating that the US Attorney General had decided not to file an amicus brief in the case.
 ltr-doj-re-gsu-ereserves-22feb13.pdf
The US Department of Justice (DOJ) is evaluating whether to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On January 25, 2013, the DOJ requested an extension of the time they have to file an amicus brief.
gsu-extension-motion-usgov-jan2013.pdf
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:
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.
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.
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