Fair Use Week

Fair Use Jurisprudence Project Launch

UC Irvine School of Law

On Thursday, February 24, the UCI Intellectual Property, Arts, and Technology Clinic at UC Irvine School of Law launched its updated Fair Use Jurisprudence Project, with data on written fair use opinions going back to 2013 as well as abstracts of every written judicial opinion on fair use from 2019 through this week—over 130 abstracts—along with some preliminary analysis. This data builds on work we released during Fair Use Week 2021, and will be sortable by court, type of copyrighted work, and other variables.

To explore the Fair Use Jurisprudence Project, go to https://ipat.law.uci.edu and https://www.fairuseweek.org/blog/.

 

Author
Jack Lerner
Organization
UC Irvine School of Law

UK Launch of Fair Dealing week

Institute of Advanced Legal Studies

Fair Use/Fair Dealing Week is an annual celebration originating in the US and Canada and designed to highlight and promote the opportunities presented by fair use and fair dealing.

While fair dealing is employed on a daily basis by students, academics, librarians, journalists, and all users of copyright-protected material, Fair Use/Fair Dealing Week is a time to promote and discuss the opportunities presented, celebrate successful stories and explain the doctrine.

Jane Secker and Chris Morrison, co-founders of copyrightliteracy.org will chair the launch event hosted by IALS for the UK’s first co-ordinated Fair Dealing Week. They will be joined by Kyle K. Courtney—lawyer, librarian, Copyright Advisor at Harvard University and originator of Fair Use week in the US in 2014—to set the scene and provide an overview of the legal provisions.

We will then hear from leading intellectual property scholars Professor Tanya Aplin and Dr. Emily Hudson from King’s College London who will share initial findings from their research into quotation norms in the publishing industry.

The speakers will then take part in a panel discussion which will identify the challenges and opportunities in taking advantage of fair dealing and fair use in different areas of creative activity.

The launch event will present the basic principles of the concept of Fair Dealing in the UK and will highlight some of the events happening elsewhere as part of the first UK Fair Dealing Week. It will focus on best practice and will introduce the participants to the shared resources on fair dealing, including new guidance as part of the IALS Library LibGuides.

Author
Chris Morrison, Jane Secker, Kyle Courtney, Tanya Aplin, Emily Hudson
Organization
Institute of Advanced of Legal Studies

The Heart of Copyright Policy: Fair Dealing, an Indian Perspective

By Akshat Agrawal, Legal Researcher, Delhi High Court

“Knowledge must be allowed to be disseminated” stated the Indian Supreme Court, in Entertainment Network (India) Ltd. and Ors. v. Super Cassettes. Harping upon the idea of Anglo-Saxan Copyright, justified by the tenets of utilitarianism, the SC clearly emphasized upon the need to balance exclusivity-based incentives as against concerns of access, especially when concerned with knowledge resources. This was nothing new. Long back, prior to the partition of India, when the Imperial Copyright Act of 1914 was in force, during and due to the shackles of colonialism, the Lahore High Court (erstwhile India) harped upon the coloniality of the copyright doctrine, realizing the needs of the Indian citizens to be able to develop indigenous knowledge through access, more than anything else. The Lahore High Court, in 1934, in the judgment of Kartar Singh v. Ladha Singh, very convincingly determined the limits of incentives and the utilitarian purposes of the free market statutory intervention that is copyright, by stating that “Under the guise of Copyright, a Plaintiff cannot ask the court to close all the avenues of research and scholarship, and all frontiers of human knowledge.” What a remarkable decision!

Akshat Agrawal
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NNLM Resources for Fair Use/Fair Dealing Week

Fair Use/Fair Dealing Week runs from February 24-28, 2020.  Fair Use/Fair Dealing Week is an annual celebration of the important doctrines of fair use and fair dealing. Programs during the week highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain the doctrines themselves.  The ACRL website has many resources, publications, and events to help you prepare for and participate in  Fair Use/Fair Dealing Week, additional information can be found on the ACRL Insider website.

The National Network of the Libraries of Medicine (NNLM) fully supports Fair Use/Fair Dealing Week and has many resources that can be part of the programs and resources on offer this week which are accessible year-round. The U.S. National Library of Medicine Digital Collection contains many digitized rare books, manuscripts, films, and images all searchable in pull down menu. The NLM History of Medicine collection has access to over 70,000 images on relevant topics from the 15th to 21st century. Many of the items are in the public domain. The NLM provides information about copyright of the materials in its catalog and/or metadata records. For additional information, please go to historical collections copyright information or review the Patron Guide to Copyright.  If using any material from the historical collections for publication or production, remember to verify the item is available for use under the Fair Use Doctrine. This legal doctrine promotes freedom of expression, innovation, creativity and scholarship.  Join us in celebrating Fair Use/Fair Dealing Week.

Karen Coghlan

Bringing Fair Use to Life

Bringing Fair Use to Life

How can artists like Andy Warhol, Carrie Mae Weems, Roy Lichtenstein, or Richard Prince legally use somebody else’s materials in their own art? Are you using somebody else’s photograph, illustration, text, or video in your own scholarship or creative project? Do you need permission to do that? Join University Libraries’ Copyright Services for a hands-on workshop on the important exception of fair use, an exception in the law that allows use of copyrighted content without permission. Learn how to use copyrighted materials confidently and legally in your research, teaching, and creative endeavors.

The workshop will cover the factors to consider in determining fair use and look to examples of authors and artists that have relied on fair use in the production of their creative works. Building on last year’s workshop, attendees will have the opportunity to work through a fair use analysis while making their own creative work using materials from the OSU Libraries’ collections.

Who: Ohio State faculty, staff, postdocs, and graduate students
When: Thursday, February 27, 3:00 – 4:30 p.m.
Where: Research Commons, 3rd floor of 18th Avenue Library

Maria Scheid

Fair Use Infographic

Fair use provisions of the copyright law allow use of copyrighted materials on a limited basis for specific purposes without requiring the permission of the copyright holder. Below we will detail the current state of the law, including the four factors, transformative uses, and cases for reference.

Ben Franklin’s World Episode 227: Copyright & Fair Use in Early America

In the 21st century, we are all creators and users of content. We take original photos with our smartphones, generate blog posts, digital videos, and podcasts. Some of us write books and articles. And nearly everyone contributes content to social media.

Given all of the information and content we generate and use, it’s really important for us to understand the principles of copyright and fair use, principles that have an early American past.

Kyle Courtney, a lawyer, librarian, and Copyright Advisor for Harvard Library will serve as our guide through the early American origins of copyright and fair use.