fair use

Fair Use Jurisprudence 2019–2021

By Jack Lerner, Luke Hartman, and Jordin Wilcher

Cross-posted at https://ipat.law.uci.edu/fairuse2021

We are excited to celebrate Fair Use Week with a new report from the UC Irvine Intellectual Property, Arts, and Technology (IPAT) Clinic: Fair Use Jurisprudence 2019–2021: A Comprehensive Review. The report presents the results of an exhaustive study of recent fair use opinions issued by US federal courts in copyright infringement cases.

Copyright covers a huge range of expressive activity and is automatic. Just about anyone who wants to do more than read, watch, or use a work relies on the doctrine of fair use in order to avoid liability for copyright infringement. The US Supreme Court has referred to fair use as a sort of safety valve that provides breathing space allowing copyright to coexist with freedom of expression. And it is an evolving doctrine; disputes concerning fair use are constantly working their way through the American legal system, but the vast majority of cases don’t make the news despite their importance to creative expression and innovation.

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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/

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

Can Fair Use Survive the CASE Act?

By Kenneth D. Crews

When Congress thinks of COVID, it seems to also think about copyright. Congress made that connection at a critical moment this last December.  Embedded in the appropriations bill that gave emergency funding to citizens in need, was a thoroughly unrelated provision establishing a copyright “small-claims court,” where many future infringements may face their decider. The defense of fair use will also be on the docket.

Read the full blog: http://blogs.harvard.edu/copyrightosc/2021/02/22/fair-use-week-2021-day-one-with-guest-expert-kenneth-d-crews/

Walking Through Fair Use: Information Session and Workshop

Yale Library

Fair Use/Fair Dealing Week 2021—a celebration coordinated by the Association of Research Libraries—will take place February 22–26, 2021. Fair Use is an exemption in U.S. Copyright law available to users of copyrighted content. Fair Use relies on a four-factor analysis to allow users to reuse content without permission from the rights holders. Please join me on February 23, 2021 at 3pm for an information session and workshop on Fair Use. During the program, you will learn about fair use and how to work through a fair use analysis. One lucky attendee will receive a full set of Fair Use coasters created by the American Library Association.

What: Walking Through Fair Use
When: Tuesday, February 23, 2021, 3:00–4:20 p.m.

Author
Sandra Aya Enimil
Organization
Yale Library

Fair Use Week Workshops

University of Arkansas Libraries

Join Lora Lennertz, data services librarian, for two virtual workshops in observation of Fair Use Week Feb. 22–26. These events are free and open to the public, and registration is required (links below).

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