fair use

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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Sandra Enimil headshot.

Relying on Fair Use to Reach Intended Audiences

By Sandra Enimil

For Fair Use Week 2022, the Association of Research Libraries (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. Sandra Enimil, copyright librarian and contracting specialist at Yale University Library and chair of the Association of College and Research Libraries (ACRL) Research and Scholarly Environment Committee, shares below how fair use helps information reach intended audiences. 

Note: This post was transcribed from a conversation and lightly edited.

When you look at the actual statute about fair use, Section 107 of the Copyright Act, it calls out news reporting by name. It states that it would not be an infringement of copyright to reuse some content in the course of news reporting—it’s specifically called out. So, I think that our legislative branch recognized that people who are in the business of reporting need to be able to use content, sometimes in ways that it was intended to be used, and sometimes in ways that it was not intended to be used, in order to tell stories. Reporters need to be able to tell stories in a way that provides information, in a way that might meet their audience where they are, or have an impact, or be accessible to an audience.

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Sandra Enimil headshot.

Fair Use and the Scholarly Environment

By Sandra Enimil

For Fair Use Week 2022, the Association of Research Libraries (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. Sandra Enimil, copyright librarian and contracting specialist at Yale University Library and chair of the Association of College and Research Libraries (ACRL) Research and Scholarly Environment Committee, explains below how the copyright environment affects research and scholarship, and why this matters for society. 

Note: This post was transcribed from a conversation and lightly edited.

I am the chair of ACRL’s Research and Scholarly Environment Committee, and one of the things that we work on is talking about scholarship in academic institutions and how people make scholarship available and open access. In this landscape, I think one of the things that people recognize as important is author copyright. With faculty authors, at most institutions, the institution doesn’t claim copyright in their scholarly works, so the author keeps copyright.

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Two Questions on Fair Use: Interview with Mark Lemley

For this year’s Fair Use/Fair Dealing Week, MediaWell is partnering with the Association of Research Libraries to interview experts reflecting on how fair use supports research, journalism, and truth. This is the first of MediaWell’s four-part series, entitled “Two Questions on Fair Use” in which we ask Mark Lemley, William Neukom Professor of Law at Stanford Law School and senior fellow at the Stanford Institute for Economic Policy Research, some questions about the legal history of fair use, and how fair use supports research and teaching. The transcript has been lightly edited for clarity.

Read the interview on MediaWell’s website.

How does fair use support journalism, specifically documentary filmmaking, data-driven reporting, news content, and aggregation?

I think the answer is fair use has sort of long been integral to all kinds of journalism and reporting. You can go back decades; you can go back almost a century to some remarkable cases. For example, there was a case in which somebody who wanted to tell the story of the Kennedy assassination broke in and got copies of stills from the Zapruder film, which was the only visual evidence of the Kennedy assassination. When the copyright owner sued, the court said, “that’s fair use because you’re taking a copyrighted work for purposes related to the public interest.” I think that has been true across a wide array of news and media communications. There are often circumstances in which there is one key source: somebody took a video of a beating or a shooting, for example, or the key source is itself an official document.

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Fair Use Supports Research, Journalism, and Truth

By Katherine Klosek

For #FairUseWeek 2022, the Association of Research Libraries (ARL) teamed up with the Social Science Research Council (SSRC) #MediaWell project to ask experts to reflect on how fair use supports research and journalism, and how fair use can help combat misinformation, for example on social media. 

The interviews reveal how libraries play a critical role in the ecosystem of research, journalism, and truth by collecting and preserving source material, and making information available for researchers and journalists to cite facts, and quote original sources. Journalists rely on fair use everyday; fair use preserves the constitutionality of copyright by allowing journalists to express their First Amendment rights. Fair use also enables the reproducibility of science by allowing peers to access, interrogate, and build on research outputs like data, methodology, and findings that may be protected by copyright.

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How Fair Use Helps Bloggers Publish Their Research

By Eric Goldman

Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Bloggers often pay attention to issues that are too niche-y or esoteric for mainstream media coverage, and bloggers can provide expert commentary and repositories of source materials on fast-moving topics.

Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Unfortunately, many bloggers do not have the same financial resources, access to lawyers, or insurance coverage as institutional publishers, so they are less likely to defend their works in the face of allegations of copyright infringement.

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Libraries, Universities, and Civil Society Groups to Celebrate Fair Use/Fair Dealing Week 2022 on February 21–25

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Fair Use Gameshow

CARLI: Consortium of Academic and Research Libraries in Illinois

Would you like to test your knowledge of fair use? Join us on Tuesday, February 22, from 6:00 to 7:00 p.m. CT for the Fair Use Gameshow. Your host, Sara Benson, copyright librarian, will quiz the audience with fun and challenging questions, and a panel of esteemed copyright experts will share their opinions and discuss the many nuances of fair use. The panel will include Melissa Ocepek, iSchool assistant professor; Pia Hunter, College of Law access librarian and online learning consultant; and Barbara Kaplan, College of Law faculty outreach librarian. For more information and to register, visit the event page.

UK Launch of Fair Dealing week

Institute of Advanced Legal Studies

Fair Use/Fair Dealing Week is an annual celebration originating in the US and Canada and designed to highlight and promote the opportunities presented by fair use and fair dealing.

While fair dealing is employed on a daily basis by students, academics, librarians, journalists, and all users of copyright-protected material, Fair Use/Fair Dealing Week is a time to promote and discuss the opportunities presented, celebrate successful stories and explain the doctrine.

Jane Secker and Chris Morrison, co-founders of copyrightliteracy.org will chair the launch event hosted by IALS for the UK’s first co-ordinated Fair Dealing Week. They will be joined by Kyle K. Courtney—lawyer, librarian, Copyright Advisor at Harvard University and originator of Fair Use week in the US in 2014—to set the scene and provide an overview of the legal provisions.

We will then hear from leading intellectual property scholars Professor Tanya Aplin and Dr. Emily Hudson from King’s College London who will share initial findings from their research into quotation norms in the publishing industry.

The speakers will then take part in a panel discussion which will identify the challenges and opportunities in taking advantage of fair dealing and fair use in different areas of creative activity.

The launch event will present the basic principles of the concept of Fair Dealing in the UK and will highlight some of the events happening elsewhere as part of the first UK Fair Dealing Week. It will focus on best practice and will introduce the participants to the shared resources on fair dealing, including new guidance as part of the IALS Library LibGuides.

Author
Chris Morrison, Jane Secker, Kyle Courtney, Tanya Aplin, Emily Hudson
Organization
Institute of Advanced of Legal Studies

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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