Fair Use Fundamentals

Post by Gretchen McCord, JD, MSIS, Digital Information Law

The following is an excerpt from “Copyright: What We Don’t Know Does Hurt Us,” originally published in The Copyright & New Media Law Newsletter 18:3 (2014).

Introduction

For those of us who teach copyright law and regularly advise both creators and users of protectable content, it comes as no surprise to hear that confusion and misunderstanding about copyright are quite common and that the resulting fear of making mistakes in interpreting the law leads to overly conservative applications of the law.  This probably does not surprise most of you readers, either.

Originally posted at www.digitalinfolaw.com/blog.html

This week is Fair Use Week, an annual celebration of the doctrines of fair use under U.S. law and fair dealing under the laws of many other nations.  Both provide limitations on, or exceptions to, a copyright owner’s rights that allow others to use protected works without first obtaining permission.

I am going to take this opportunity to point out the role of fair use to a free, democratic society.  If you haven’t thought of this connection before, I hope you will take a few minutes to do so. 

Presentation by Georgia Harper.

The content covers strategies for artists managing the risk of copyright infringement. It is a PowerPoint presentation, with the text of the talk in the Notes field.

University of Texas at Austin

As Fair Use Week begins, Francesca Giannetti and David Hunter consider the use of readily and legally available digital media for MOOCs.

Their experience stems from assisting a University of Texas professor with an online jazz appreciation course.

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

This blog post is brought to you by Jonathan Band of Policybandwidth.  Cross-posted to ARL Policy Notes

Large copyright owners oppose expansive applications of fair use except, of course, when they are sued for copyright infringement. In recent years, the National Football League, Reed Elsevier, and Sony Pictures have all vigorously raised fair use in infringement cases in which they were defendants. As a proponent of strong fair use rights, I naturally want fair use to prevail whenever it is asserted. 

A two-sided over sized postcard created by the UCLA Library to celebrate Fair Use Week 2015 available here.

See Sections 29, 29.1 and 29.2 on Fair Dealing.

Canadian Copyright Modernization Act

Legislative Summary of Bill C-11: An Act to amend the Copyright Act

The Pentalogy: The Supreme Court Clarifies Canada’s Copyright Law in Five Major Decisions

Center for Media and Social Impact Codes of Best Practices in Fair Use.

ARL Code of Best Practices in Fair Use for Academic and Research Libraries (PDF document).

This infographic by ARL, American University’s (AU) Washington College of Law, and AU’s School of Communication shows how and why libraries should use the Code of Best Practices in Fair Use for Academic and Research Libraries.

Copyright Timeline: A History of Copyright in the United States