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photo of Fair Use Week t-shirt

Fair Use/Fair Dealing Week 2021 Reminds Us That Fair Use Is a Right

Last week more than 50 universities, associations, and organizations celebrated the eighth annual Fair Use/Fair Dealing Week, a celebration of these critical copyright doctrines that foster scholarship and creativity. Fair use in the US and fair dealing in Canada allow the public to lawfully use copyrighted materials without asking for permission. Described by Justice Ruth Bader Ginsburg as a built-in accommodation to the First Amendment, fair use provides a balance of rights between creators and users that is critical to the constitutional purpose of copyright: to promote the progress of science and useful arts. We celebrated each day of Fair Use Week with virtual activities, new resources, and insights and expertise to empower libraries, teachers, educators, and the public about the right of fair use. Three new projects launched during Fair Use Week, which we are excited to showcase here.

While the number of scholarly communications positions within the ARL community have increased in the past decade, positions like these that advise on issues like open access and copyright are less than two percent of the professional workforce within ARL. This Fair Use Week, Columbia University Libraries and LYRASIS launched the Virtual Copyright Education Center (VCEC) pilot project with a free class, Copyright 101. This class will deepen the bench of experts in libraries who will advise students and faculty on how copyright and fair use can enable their scholarship.

The UC Irvine Intellectual Property, Arts, and Technology (IPAT) Clinic released a first-of-its-kind review of fair use jurisprudence from 2019 to 2021. Authors of the report remind us that “[j]ust 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.” In reviewing the 72 court opinions, researchers noted that over half of the cases were about photographs, and that there were very few cases dealing with technology.

While fair use allowed creativity and scholarship to move online in 2020, even before COVID-19 educators and learners could rely on fair use for online education. Authors of the new Code of Best Practices in Fair Use for Open Educational Resources Meredith Jacob and Will Cross write, “Relying on fair use as a tool to enable access seemed urgently necessary in that moment of crisis. But those needs are no less urgent and fair use is no less essential for students who face perennial challenges based on inequity and inaccessibility.” Learn more about how your project, conference, or institution can engage with the Code of Best Practices.

Fair Use/Fair Dealing Week 2021 Day 5 Roundup

Last week was 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 the final day—Day 5—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

Creation Is Not a Closed Book Exam: Developing the Best Practices in Fair Use for Open Educational Resources,” Will Cross and Meredith Jacob, Copyright at Harvard Library blog

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

Fair Use Week 2021: A Case from South Florida,” Kristy Padron, Florida Atlantic University Libraries

Events

Applying Fair Use in the Classroom,” hosted by University of Arkansas University Libraries

Copyright for Internet Creators Town Hall,” hosted by Electronic Frontier Foundation

Fair Use Week Office Hours,” hosted by University of Houston Libraries

Resources

Copyright Toolkit,” University of Nebraska Kearney Calvin T. Ryan Library

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?,” Ariel Katz, The Cambridge Handbook of Copyright Limitations and Exceptions

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

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

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

Fair Use/Fair Dealing Week 2021 Day 1 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 1 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

Can Fair Use Survive the CASE Act?,” Kenneth D. Crews, Copyright at Harvard Library blog

Celebrate Fair Use Week 2021,” Georgetown University Library

Fair Use Week 2021,” LeEtta Schmidt, University of South Florida Libraries’ EdLib Report

Fair Use Week 2021: Promoting Ideas, Creativity, Learning, and Culture,” Florida Atlantic University Libraries

Fair Use Week Celebrates Copyright Flexibility for All,” Liz Hamilton, Northwestern Libraries Blog

If You Could Be the Judge of Fair Use…,” Patricia Aufderheide, Center for Media and Social Impact Blog

We’re All Fair Users Now,” Katherine Klosek, ARL Views blog

What Is Fair Use Week?,”  The Catholic University of America University Libraries

Events

Text & Data Mining in the Digital Humanities,” keynote lecture by Paula Samuelson, roundtable discussion with Natalie Meyers, Katie Walden, Elliott Visconsi, and Mark McKenna, hosted by University of Notre Dame Hesburgh Libraries

The End of Library Ownership?,” a one-hour conversation with Meredith Rose, Kyle Courtney, Jason Schultz, and Aaron Perzanowski, hosted by Library Futures

Resources

Call to Action: Share Your Feedback on Controlled Digital Lending,” Authors Alliance

Code of Best Practices in Fair Use for Open Educational Resources, Meredith Jacob, Peter Jaszi, Prudence S. Adler, and William Cross, American University Washington College of Law and Center for Media & Social Impact

Strengthening Canadian User Rights through Shared Understanding: Adapting the Codes of Best Practices in Fair Use for Canada, Mark Swartz and Graeme Slaght, Canadian Association of Research Libraries