Students, Librarians, and Professors may have questions about how to best use the Code of Best Practices in Fair Use for Research Libraries. Below you can find additional resources that will better explain how you can use the Code at your institution.
Code of Best Practices in Fair Use
Code of Best Practices in Fair Use for Academic and Research Libraries (PDF), a clear and easy-to-use statement of fair and reasonable approaches to fair use developed by and for librarians who support academic inquiry and higher education. The Code was developed in partnership with the Center for Social Media and the Washington College of Law at American University.The Association of Research Libraries (ARL) presents the
In dozens of interviews with veteran research and academic librarians, the researchers learned how copyright law comes into play as interviewees performed core library functions. Then, in a series of small group discussions held with library policymakers around the country, the research team developed a consensus approach to applying fair use.
The Code deals with such common questions in higher education as:
- When and how much copyrighted material can be digitized for student use? And should video be treated the same way as print?
- How can libraries’ special collections be made available online?
- Can libraries archive websites for the use of future students and scholars?
The Code identifies the relevance of fair use in eight recurrent situations for librarians:
- Supporting teaching and learning with access to library materials via digital technologies
- Using selections from collection materials to publicize a library’s activities, or to create physical and virtual exhibitions
- Digitizing to preserve at-risk items
- Creating digital collections of archival and special collections materials
- Reproducing material for use by disabled students, faculty, staff, and other appropriate users
- Maintaining the integrity of works deposited in institutional repositories
- Creating databases to facilitate non-consumptive research uses (including search)
- Collecting material posted on the web and making it available
In the Code, librarians affirm that fair use is available in each of these contexts, providing helpful guidance about the scope of best practice in each.
Such codes have a powerful effect both in law and practice. “Courts care what affected communities think about fair use and so do the other policymakers and gatekeepers,” noted co-facilitator Peter Jaszi, Professor of Law at American University. “Now librarians are on the record with a powerful statement of their values.”
The development of the Code of Best Practices in Fair Use for Academic and Research Libraries is supported by a grant from The Andrew W. Mellon Foundation.
ARL Member Library Directors on Putting the Code to Work (short video interviews)