Fair Use Week

Podcast on Fair Use hosted — Radio Free Culture series

WFMU and the Free Music Archive recorded a special episode of Radio Free Culture, a weekly podcast exploring issues at the intersection of digital culture and the arts, for fair use week 2015.

In this episode, Cheyenne Hohman, RFC host and current Director of the FMA, spoke with Ellen Duranceau, Program Manager for Scholarly Publishing, Copyright & Licensing at the Massachusetts Institute of Technology. We talk about the four elements of fair use, how to determine if your use is fair, and talk about other issues around the edges of copyright, music, technology, and more.

Check out the podcast on WFMU, PRX, or subscribe to the Radio Free Culture via iTunes, or listen here.

Or via the playlists.

(Thanks to the freemusic archive for this write-up, which was adapted slightly from their blog.)

Fair Use: Building the World of Tomorrow

Post by Greg Cram, Associate Director of Copyright and Information Policy, New York Public Library
In 1939, the New York World’s Fair opened to great pomp and circumstance. The theme of the Fair was “Building the World of Tomorrow.” The aspirational theme reflected the country’s desire to shake off the doldrums of the Great Depression and focus on a better future. Participants included close to 60 nations, 33 states and U.S. territories, and over a thousand exhibitors. During its two seasons, the fair attracted 45 million visitors.
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Fair Use: Getting by with a little help from our friends

Post by Molly Schwartz, Associate Fellow, R Street Institute

Is it legal for me to publish a blog post with this title? Am I violating copyright law? I am, after all, reusing lyrics from the chorus of a popular Beatles song. The recognizability and cultural resonance of the lyrics is exactly what makes it an appealing title for me to use.

Molly Schwartz
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Not Sorry for Certiorari: 7th Circuit breaks from trend of prioritizing “transformative use” in fair use defense to copyright infringement

Jessica Vosgerchian is a 3L at Harvard Law School and a Copyright Fellow for the Harvard Office for Scholarly Communication. She has worked on copyright issues in the public and private sectors. 

Last September, the Court of Appeals for the Seventh Circuit diverged from the judicial trend of treating “transformative use” as the most important element in the test to determine whether a defendant’s use of another’s work was fair, and so not infringement under the Copyright Act. In Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (7th Cir. 2014) (Kienitz II), the Court affirmed the lower court’s holding that the defendants’ manipulation of a photo for a t-shirt design constituted fair use but employed a different interpretation of the fair use test.

Jessica Vosgerchian
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Tech Law & You Honors Fair Use Week

Post by Chelsea Brooks, Student Attorney, Samuelson-Gluskho Tech Law & Policy Clinic

This week the Samuelson-Gluskho Tech Law & Policy Clinic celebrates fair use in this semester’s inagural podcast. Student Attorney Chelsea Brooks, and Student Technologist Jeffrey Ward-Bailey present an interview with Ian Hales. Ian is an instructor of Technology, Arts & Media (TAM) at the University of Colorado in Boulder. Ian teaches sections of TAM’s introductory projects course, as well as the majority of the senior capstone courses within his department. Additionally, he teaches specialized electives in both motion-based design and social media management. 

Chelsea Brooks
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What else can be said about fair use?

Post by Carrie Russell, Director, Program on Public Access to Information, American Library Association

In honor of Fair Use Week 2015, and because I have been talking and writing about fair use for a long time, I thought I would tell you a couple of stories that I encountered on my fair use journey.

Carrie Russell
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