By Carrie Russell
They say fair use has turned on its head
That schools and libraries take fair use to bed
With veiled threats that litigation has worked before
It surely is not something we should ignore
So much hoopla and oh, such a haul
Schools and libraries follow the law!
While my library is having a couple of formal events I’m plugging Fair Use week in my blog (theconfirmationbias). The usual disclaimer that I am not a lawyer AND, in this case, this is me as an individual not me representing Notre Dame!
The Clash’s Know Your Rights with its frightening warning that “You have the right to free speech as long as you’re not dumb enough to actually try it” is just as timely today as it was in 1982 when it was released.
You probably know that the right to free speech is in the first amendment, along with the right to free assembly and the prohibition against any religious test for participation in this, our happy republic. But you might not know that our intellectual property law ALSO starts in the first amendment. Yup, intellectual property law is the love child of the first amendment and Article 1 section 8 of the Constitution.
On February 22–26, 136 organizations and numerous individuals participated in Fair Use/Fair Dealing Week 2016, an annual celebration of the important—and flexible—doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Creative Commons, the Electronic Frontier Foundation, Public Knowledge, the R Street Institute, Re:Create, and Wikimedia.Read More›
On October 13, 2010, a Korean high court affirmed a lower court ruling that a 53-seconds-long video clip posted on a blog, showing a 5-year-old humming along to a copyrighted song, constitutes a fair use, and ordered a copyright society to pay the poster damages for unjustly requesting a takedown under the Korean notice-and-takedown system. The judgment was not appealed by the copyright society and has now become final.