programs@arl.org

Apple v. Corellium: Some Early Takeaways for Software Fair Use

By Brandon Butler

What uses of software are fair? What uses are transformative – the category of use that courts most consistently find to be fair? The question is increasingly urgent for libraries, archives, and museums, as we already live in a world where most information (from government archives to fine art) is stored in digital formats that can’t be read without the right software. In addition, software itself is also an artifact and a source of information that researchers want to consult and explore. Fair use is a key tool in library digital stewardship, but fair use’s application to software is rarely, if ever, litigated.

Read the full blog: http://blogs.harvard.edu/copyrightosc/2021/02/23/fair-use-week-2021-day-two-with-guest-expert-brandon-butler/

What is Fair Use?

By Copyright Alliance

Fair use is an affirmative defense that can be raised in response to claims by a copyright owner that a person is infringing a copyright. Fair use permits a party to use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. These purposes only illustrate what might be considered as fair use and are not examples of what will always be considered as fair use. In fact, there are no bright-line rules in determining fair use, since it is determined on a case-by-case basis. But copyright law does establish four factors that must be considered in deciding whether a use constitutes a fair use.

Read the full blog: https://copyrightalliance.org/faqs/what-is-fair-use/

Virtual Escape Room—Fair Dealing Week Edition

University of New Brunswick Libraries

You probably make use of fair dealing every day without even realizing it! Whether emailing a news article to a friend, using a clip from a song, using a copyrighted image on social media, or quoting passages from a book when writing an essay. Activities such as these are not considered to be copyright infringement – in fact, the ability for users to make copies for specific purposes is an integral part of the Canadian Copyright Act.

Every year libraries and educational institutions across North America celebrate the rules that allow sharing of portions of published works for research and education.

In celebration of Fair Dealing Week 2021 you’re invited to enter our Virtual Escape Room.

Learn more: https://lib.unb.ca/news/virtual-escape-room-fair-dealing-week-edition

Fair Use Week 2021: Promoting Ideas, Creativity, Learning and Culture

Florida Atlantic University Libraries

Fair Use Week 2021: Promoting Ideas, Creativity, Learning and Culture

By Kristy Padron, MLIS

Scholarly Communication Services Coordinator

kpadron@fau.edu

Fair Use Week is February 22 – 26, 2021.  The Association of Research Libraries (ARL) designated this time to highlight and promote what fair use allows us to do with copyrighted works.

Learn more: https://library.fau.edu/external-relations/fair-use-week-2021-promoting-ideas-creativity-learning-and-culture

Fair Use Week 2021

By LeEtta Schmidt, University of South Florida Libraries

One of your research sources makes a provocative statement with authority and insight. You quote this source in your latest article to illustrate how other scholars are analyzing your topic. You have copied and reprinted part of their work, but copyright law makes an exception for this fair use.

A news article reports an event and witness insight that would benefit the students in your class, and help them fully engage with the course content. You share a portion of this article with your class.  You have made copies and distributed the work, but copyright law makes an exception for this type fair use.

Read the full blog: https://lib.usf.edu/edlibreport/2021/02/09/fair-use-week-2021/

If You Could Be the Judge of Fair Use…

By the Center for Media and Social Impact

Is fair use a “grey area”? Not if you know the law. Then it’s a flexible, robust tool for digital culture. Test your knowledge!

Happy Fair Use Week! Fair use, the right to reuse someone else’s copyrighted material for new purposes that don’t intrude on the copyright holder’s market, is often described as “risky,” “uncertain,” or a “grey area.” But today’s fair use has become a pretty low-risk, high-value activity. In fact, it’s so routine that a lot of people don’t even realize they’re employing fair use. Students quote scholars in their term papers–that’s fair use. Journalists quote from corporate documents–ditto. Television news features someone whose ringtone accidentally goes off–also fair use. Filmmakers use fair use to make their points visually or auditorally (for instance a montage of riffs from pop-songs connoting a historical moment, or a collage of magazine covers, TV news clips and audio). Podcasters include clips from a news program to catch you up, to critique it, or to illustrate a point. Again, fair use.

Read the full blog: https://cmsimpact.org/fair-use-blog/if-you-could-be-the-judge-of-fair-use/

Can Fair Use Survive the CASE Act?

By Kenneth D. Crews

When Congress thinks of COVID, it seems to also think about copyright. Congress made that connection at a critical moment this last December.  Embedded in the appropriations bill that gave emergency funding to citizens in need, was a thoroughly unrelated provision establishing a copyright “small-claims court,” where many future infringements may face their decider. The defense of fair use will also be on the docket.

Read the full blog: http://blogs.harvard.edu/copyrightosc/2021/02/22/fair-use-week-2021-day-one-with-guest-expert-kenneth-d-crews/

CONTU White Paper

This ARL white paper reexamines the role of the decades-old Commission on New Technological Uses of Copyrighted Works (CONTU) Guidelines in interlibrary lending. The white paper includes the history and legal status of CONTU, along with a review of the applicable copyright law, including Section 108 of the Copyright Act (reproduction by libraries and archives) and Section 107 (fair use). It is our hope that libraries and library associations will use this white paper as a springboard for conversations about interlibrary lending, licensing practices, and journal subscriptions.

Modern Interlibrary Loan Practices: Moving beyond the CONTU Guidelines

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