Fair Use Fundamentals

Fair use is a user’s right that helps libraries and their users ensure that rights persist in the digital environment. Libraries may rely on fair use as well as other rights to facilitate their core functions. Learn more about the special rights that libraries enjoy to promote the progress of science and the useful arts using the Know Your Copyrights resource.

Fair Use/Fair Dealing Week Toolkit

Here are some resources to help you celebrate Fair Use/Fair Dealing Week on your campus:

Fair Use/Fair Dealing Week Brand Guide and Logos

The Fair Use/Fair Dealing Week logos or word marks should not be used to imply or suggest endorsement of any product or service not approved by the coordinators of Fair Use Week. Please follow the specifications provided in the Fair Use Brand Guide (PDF) when implementing the Fair Use Week logo or word mark.

Official image files of the Fair Use Week logo and Fair Dealing Week logo are available for download below.

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Interview with Jonathan Band

For fair use week 2022, ARL teamed up with the Social Science Research Council (SSRC) #Mediawell project and asked experts to weigh in on how fair use supports research, news, and truth. In this video, ARL General Counsel Jonathan Band describes how fair use allows researchers and journalists to quote and reference the materials that libraries collect and preserve.

Jonathan Band on fair use and the ecosystem of journalism, research, and libraries

Rina Pantalony on Fair Use and Research Outputs

For fair use week 2022, ARL teamed up with the Social Science Research Council (SSRC) #Mediawell project and asked experts to weigh in on how fair use supports research, news, and truth. In these videos, Rina Pantalony, Director, Copyright Advisory Services, Columbia University Libraries, shares her expertise on fair use, research outputs, and libraries’ role in promoting algorithmic literacy.

Libraries and Algorithmic Literacy

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Pat Aufderheide on Fair Use and Journalism, Documentary Filmmaking, and Visual Arts

For fair use week 2022, ARL teamed up with the Social Science Research Council (SSRC) #Mediawell project and asked experts to weigh in on how fair use supports research, news, and truth. In these videos, Pat Aufderheide, University Professor, School of Communication, American University, shares her expertise on fair use and journalism, documentary filmmaking, and visual arts. To read the Codes of Best Practices in Fair Use that Pat references, please visit https://cmsimpact.org/report-list/codes/. You can see all of the interviews at fairuseweek.org.

Fair Use and Journalism

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Dalhousie Fair Dealing Guidelines

Dalhousie University

Under the Copyright Act, express permission of the copyright owner is required before making copies or distributing works, with some exceptions. These guidelines outline the framework for operating under one of these exceptions – “fair dealing” for the purposes of research, private study, review, criticism or news reporting, education, parody and satire. These guidelines outline the limits and requirements for making paper and electronic copies of a portion of a published work by individuals for their own use, by faculty for use in their courses of study and by libraries for the use of their patrons.

Learn more: https://libraries.dal.ca/services/copyright-office/fair-dealing/fair-dealing-guidelines.html

Controlled Digital Lending Feedback Tool

Authors Alliance

Authors Alliance is gathering feedback from authors about Controlled Digital Lending (“CDL”) in order to strengthen our advocacy work and better represent your interests. Several of our members have already shared their views on how CDL helps authors and researchers, and we are now asking you to add your voice by completing this short form.

Learn more: https://www.authorsalliance.org/2021/02/22/call-to-action-share-why-you-support-controlled-digital-lending/

Strengthening Canadian User Rights through Shared Understanding: Adapting the Codes of Best Practices in Fair Use for Canada

Canadian Association of Research Libraries (CARL)

In this paper, we argue that while fair dealing is not a carbon copy of fair use, it is similar enough that many of the principles and limitations set out in the many codes of best practices in fair use published in the United States would be applicable in the Canadian context.

Read the paper: https://www.carl-abrc.ca/wp-content/uploads/2021/02/Strengthening_Canadian_-User_Rights_Through_Shared_Understanding_Adapting_Codes_of_Best_Practices_Fair_Use_Canada.pdf

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

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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Fair Use Resources

Kansas State University Center for the Advancement of Digital Scholarship Resources

The Center for the Advancement of Digital Scholarship, or CADS, at K-State Libraries provides resources for K-State students, faculty and staff regarding copyright and fair use. CADS cannot provide legal advice but can provide helpful information about copyright and fair use.

CADS faculty have gathered some helpful resources to learn more about fair use:

If you have questions about Fair Use and digital scholarship, please contact CADS.

Best Practices in Fair Use for Open Educational Resources

By: American University Washington College of Law

We are pleased to announce the release of the Code of Best Practices in Fair Use for Open Educational Resources. This document is intended to support authors, teachers, professors, librarians, and all open educators in evaluating when and how they can incorporate third party copyright materials into Open Educational Resources to meet their pedagogical goals.

Fair Use Infographic

Fair use provisions of the copyright law allow use of copyrighted materials on a limited basis for specific purposes without requiring the permission of the copyright holder. Below we will detail the current state of the law, including the four factors, transformative uses, and cases for reference.

Ben Franklin’s World Episode 227: Copyright & Fair Use in Early America

In the 21st century, we are all creators and users of content. We take original photos with our smartphones, generate blog posts, digital videos, and podcasts. Some of us write books and articles. And nearly everyone contributes content to social media.

Given all of the information and content we generate and use, it’s really important for us to understand the principles of copyright and fair use, principles that have an early American past.

Kyle Courtney, a lawyer, librarian, and Copyright Advisor for Harvard Library will serve as our guide through the early American origins of copyright and fair use.

Fair Use Week Comics

by Kyle K. Courtney, Jackie Roche, & Sarah W. Searle

The comics on this page were created for the Harvard Library Office of Scholarly Communication’s Fair Use Week annual programs, 2015–2018. The newest comic for the 5th Anniversary of Fair Use Week (2018) will be added soon! Stay tuned!