Fair Use Fundamentals

MET orchestra performing online during COVID-19 pandemic

The Digital Millennium Copyright Act Promotes Creativity

We started the week sharing the ways that we’re all fair users now, and as #fairuseweek nears its end, we now look to the future. ARL’s Action Plan prioritizes digital rights, which to us means working toward barrier-free access to information. Barriers to internet access can be physical or economic, such as lacking broadband at home when schools and libraries are closed. Bad public policy can be another barrier, and that’s why this year, we are focused on protecting the Digital Millennium Copyright Act (DMCA).

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Fair Use/Fair Dealing Week 2021 Day 3 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 3 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

A Sample of Fair Use,” Sandra Aya Enimil, Copyright at Harvard Library blog

ACRL Books Celebrating Fair Use/Fair Dealing Week,” Erin Nevius, ACRL Insider

Fair Dealing Week 2021,” Kirsten Thompson, Teaching in a Fishbowl blog

Fair Dealing Week 2021: Faculty and Fair Dealing,” Lachlan MacLeod, Dalhousie University Libraries’ The Libvine blog

Fair Use and Dr. Seuss,” Christine E. Weller, Penn Libraries

Open Educational Resources Makers Get a Code of Best Practices in Fair Use,” Center for Media and Social Impact Blog

Quiz: How Much Do You Know about the Fair Use Doctrine?,” University of Colorado Boulder University Libraries

The Heart of Copyright Policy: Fair Dealing, an Indian Perspective,” Akshat Agrawal, Fair Use/Fair Dealing Week website

Virtual Escape Room—Fair Dealing Week Edition,” University of New Brunswick Libraries

You Be the Fair Use Judge Today: Visual Arts,” Center for Media and Social Impact Blog

Events

Copyright 101,” a free live course presented by Columbia University Libraries and LYRASIS in their new pilot Virtual Copyright Education Center

Fair Use in the Time of COVID-19,” webinar hosted by UCLA library

Foundations of OER,” first of three Association of College and Research Libraries (ACRL) webcasts on open educational resources scheduled through mid-March

Next Steps for Fair Dealing Advocacy,” panel discussion with Brenda Austin-Smith, Eli MacLaren, and Mark McCutcheon, hosted by University of Alberta

The Basics of Copyright,” workshop providing an a overview of copyright legislation, fair use, and licensing, hosted by University of Arkansas University Libraries

Resources

Fair Use,” Bentley University Library Research Guides

Future Thinking: ASERL’s Resource Guide to Controlled Digital Lending for Research Libraries,” Association of Southeastern Research Libraries

A Sample of Fair Use

By Sandra Aya Enimil

Music sampling has been, and is, a critical fixture and feature of hip-hop. Hip-hop is an amalgamation of music, music mixing, dance, graphic art, and a specific clothing aesthetic. Lovers of hip-hop music and copyright have followed and studied the impact of copyright law on the genre, particularly how hip-hop musical artists (MCs) have engaged fair use.

Read the full blog: http://blogs.harvard.edu/copyrightosc/2021/02/24/fair-use-week-2021-day-three-with-guest-expert-sandra-aya-enimil/

photo of person looking through binoculars between two stacks of books

Online Copyright Education Offered by Columbia University Libraries and LYRASIS

In early February, Columbia University Libraries and LYRASIS launched the Virtual Copyright Education Center (VCEC) pilot project. With a stellar faculty drawn from experts in research libraries and museums, “the project will introduce new classes to enable cultural heritage professionals to move beyond a basic understanding of copyright. The project also includes business planning to develop a sustainable service model to enable continued training.”

Even with noticeable growth in the number of scholarly communications positions within the ARL community in the past decade, such positions—advising on issues like open access and copyright—are still less than 2 percent of the professional workforce within ARL. This project will help scale and level up highly specialized knowledge of copyright across research libraries. Librarians work with students and faculty to better understand copyright exemptions like the fair use doctrine that enable their research, teaching, and learning. Librarians will also help prepare campus communities for understanding challenges that might come through the new Copyright Claims Board via the CASE Act.

ARL welcomes this new educational initiative, with its first course, Copyright 101, launching for free during Fair Use Week 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

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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