fair dealing week 2021

Fair Use/Fair Dealing Week 2021 Day 4 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 4 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

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

Fair Use in the Real World,” Mariah Lewis and Laura Childs, Fordham Library News blog

Fair Use Week 2021,” Donna Stewart, Cleveland State University Michael Schwartz Library

Rebekah Modrak on Teaching Studio Art with Fair Use,” Center for Media and Social Impact Blog

Events

Fair Use Week Gameshow,” University of Illinois Library

Implementing the CARL Copyright OER for University Instructors and Staff on Campus,” webinar hosted by the Canadian Association of Research Libraries

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).

Last year, Senator Thom Tillis proposed changes to the DMCA that would threaten its balanced protections. He proposed collapsing the four current safe harbor categories of internet service providers (mere conduit, caching, hosting, linking) into one, and then imposing on old service providers a “notice-and-staydown” (in place of the current notice-and-takedown) regime. Libraries that provide internet access would be required to use filters to prevent users from uploading allegedly infringing content in order to ensure they remain within the safe harbor. These filters would be unable to distinguish between infringing use of copyrighted material and uses that are fair. As Electronic Frontier Foundation (EFF) associate director of policy and activism Katharine Trendacosta explains in a recent white paper, fair use decisions depend on context. Most applications of fair use do not end up in court. Those that do are determined based on the four factors codified in Section 107 of the Copyright Act; the evaluation is meant to be flexible and responsive to advances like new technology.

When the DMCA was enacted in 1998, the internet was nascent. How could Congress, or any of us, know how invaluable the internet would become? Yet according to legislative history, the Senate at the time imagined the DMCA “would make available via the Internet the movies, music, software, and literary works that are the fruit of American creative genius.” That vision is coming true; presently, creators can reach global audiences with little or no cost due to the open internet in what has been called a “digital renaissance,” an abundance of creative content with unprecedented opportunities to distribute and monetize.

Tillis’s proposed bill could potentially stifle this creativity. In drafting the DMCA, Congress protected fair use; according to a 1998 Senate report, “[t]he Committee [on the Judiciary] determined that no change to section 107 was required because section 107, as written, is technologically neutral, and therefore, the fair use doctrine is fully applicable in the digital world as in the analog world.” However, a notice-and-staydown regime applicable to all internet service providers, including libraries, inevitably would restrict fair use. The copyright clause of the Constitution grants Congress the power to promote the progress of science and useful arts. In a seminal case, Harper & Row, Publishers, Inc. v. Nation Enterprises, the Supreme Court reminded us that “the Framers intended copyright itself to be the engine of free expression.” But the proposed DMCA changes could lead to a reduction in the amount of content created and made available. In our fight to protect digital rights, ARL will continue to work with our collaborators in the Library Copyright Alliance to push back against this bill, and protect balanced copyright law.

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

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

Essential Copyright Exceptions for Staff and Faculty

Red River College

You hear the term “Fair Dealing” and you may know we have a Fair Dealing Policy at RRC, but what does it mean? In this session will talk about how we evaluate what it means to be “Fair” when using copyright materials for teaching and instructions. In addition to our policy we will discuss methods such as the Six Factor fair dealing test, and we will explore the use of RRC’s Fair Dealing Tool to assist you in making sound copyright decisions