News & Blog Posts | Fair Use/Fair Dealing Week

February 24, 2021

Fair Use/Fair Dealing Week 2021 Day 2 Roundup

This week is Fair Use/Fair Dealing Week, an annual celebration of the important doctrines of fair use and fair dealing. The week is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.

Check out all the great posts from Day 2 of Fair Use/Fair Dealing Week 2021! Don’t see yours? Email kaylyn@arl.org to get it added! You can view previous roundups here.

Blog Posts/News

“Apple v. Corellium: Some Early Takeaways for Software Fair Use,” Brandon Butler, Copyright at Harvard Library blog

“Copyright Is Complicated, Your Library Can Help,” Red River College Library

“Do Communication Scholars Need Fair Use?,” Aram Sinnreich, Center for Media and Social Impact Blog

“Fair Dealing Week 2021: Fair Dealing–Myths and Facts,” Lachlan MacLeod, Dalhousie University Libraries’ The Libvine blog

“Fair Dealing Week 2021: What Is Fair Dealing?,” Lachlan MacLeod, Dalhousie University Libraries’ The Libvine blog

“Fair Use Best Practices for Open Education Resources Endorsed by ARL,” Cynthia Hudson-Vitale, ARL Views blog

“ ‘Fair Use’ Is Your Best Friend!,” Michael Ladisch, UC Davis Library

“Fair Use Week 2021: Resource Roundup,” Authors Alliance

“Imagine,” Meera Nair, Fair Duty blog

Events

“All about Fair Use,” webinar with Christine Fruin on the fair use statute and how case law from the last 30 years has both confused and clarified its application for libraries, hosted by Atla

“Copyright and Fair Dealing: Lessons Learned in COVID-19 Quarantine,” presentation by Carys J. Craig, hosted by University of Alberta

“Fair Dealing and Education: Access Copyright v. York University,” presentation by Pascale Chapdelaine, hosted by University of Alberta

“Fair Dealing Week: Copyright and Education, 2021 Update,” panel discussion with Julia Shin Doi, Carol Shepstone, and Ann Ludbrook, hosted by Ryerson University Library

“Fair Use in Higher Education: A Conversation with Kyle Courtney,” lecture cosponsored by Longwood University Intellectual Property Committee and Greenwood Library

“Fair Use: Using Copyrighted Materials in Research and Teaching,” virtual workshop offered by NYU Libraries’ Scholarly Communications & Information Policy Department

“Join Copyright Services for Fair Use Week 2021,” drop-in consultation with Ohio State University Libraries’ Copyright Services

Resources

“Copyright and Fair Use: Start Here,” Boise State University Albertsons Library

“Copyright Resources to Support Publishing and Teaching: Fair Use,” Penn Libraries

“Copyright: The Law and Guidelines: Fair Use,” University at Albany, SUNY, University Libraries

“Dalhousie Fair Dealing Guidelines,” Dalhousie University Libraries

“Fair Dealing Decision Tool,” Copyright Consortium of the Council of Ministers of Education, Canada

“Fair Dealing Flowchart,” University of Waterloo

“Fair Dealing Tool,” Red River College Library

“Fair Use Week 2021 Resource Roundup,” Authors Alliance

Videos

“Fair Dealing Week 2021 ,” 2:40-minute video, University of Waterloo Library

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February 24, 2021

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

Fair Use Best Practices for Open Educational Resources Endorsed by ARL

Iconic news images from the civil rights movement of the 1950s and 1960s can be powerful tools to help students ground events like the murder of George Floyd in their rightful historical context. But uncertainty and anxiety about how, and to what extent, copyrighted materials can be used within open educational resources (OER) has presented challenges to creators of OER. Fair use is a critical component of ensuring high-quality OER are created and used on campuses and in education nationwide. To help OER creators meet their pedagogical goals and support the highest-quality student learning, the American University Washington College of Law released their new Code of Best Practices in Fair Use for Open Educational Resources last week.

Endorsed by the Association of Research Libraries (ARL), “this Code is a tool for educators, librarians, and authors to evaluate common professional scenarios in which fair use can enable them to incorporate inserts, including those protected by copyright, to create OER. It can provide groups working on OER projects with a shared framework for evaluating and understanding when and how to incorporate existing content to meet pedagogical needs.”

Research libraries are key partners with academic faculty in creating and publishing high-quality OER. Many libraries also provide consultations on what falls within fair use for copyrighted materials. According to Toby Graham, university librarian and associate provost at the University of Georgia, “this document clarifies key areas where there is consensus not only on what is OK, but on applications that exemplify why fair use exists in the first place.”

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February 23, 2021

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/

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February 23, 2021

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/

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February 23, 2021

Fair Use/Fair Dealing Week 2021 Day 1 Roundup

This week is Fair Use/Fair Dealing Week, an annual celebration of the important doctrines of fair use and fair dealing. The week is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.

Check out all the great posts from Day 1 of Fair Use/Fair Dealing Week 2021! Don’t see yours? Email kaylyn@arl.org to get it added! You can view previous roundups here.

Blog Posts/News

“Can Fair Use Survive the CASE Act?,” Kenneth D. Crews, Copyright at Harvard Library blog

“Celebrate Fair Use Week 2021,” Georgetown University Library

“Fair Use Week 2021,” LeEtta Schmidt, University of South Florida Libraries’ EdLib Report

“Fair Use Week 2021: Promoting Ideas, Creativity, Learning, and Culture,” Florida Atlantic University Libraries

“Fair Use Week Celebrates Copyright Flexibility for All,” Liz Hamilton, Northwestern Libraries Blog

“If You Could Be the Judge of Fair Use…,” Patricia Aufderheide, Center for Media and Social Impact Blog

“We’re All Fair Users Now,” Katherine Klosek, ARL Views blog

“What Is Fair Use Week?,” The Catholic University of America University Libraries

Events

“Text & Data Mining in the Digital Humanities,” keynote lecture by Paula Samuelson, roundtable discussion with Natalie Meyers, Katie Walden, Elliott Visconsi, and Mark McKenna, hosted by University of Notre Dame Hesburgh Libraries

“The End of Library Ownership?,” a one-hour conversation with Meredith Rose, Kyle Courtney, Jason Schultz, and Aaron Perzanowski, hosted by Library Futures

Resources

“Call to Action: Share Your Feedback on Controlled Digital Lending,” Authors Alliance

Code of Best Practices in Fair Use for Open Educational Resources, Meredith Jacob, Peter Jaszi, Prudence S. Adler, and William Cross, American University Washington College of Law and Center for Media & Social Impact

Strengthening Canadian User Rights through Shared Understanding: Adapting the Codes of Best Practices in Fair Use for Canada, Mark Swartz and Graeme Slaght, Canadian Association of Research Libraries

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February 22, 2021

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/

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