copyright

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.

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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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

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

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/