Tag Archives: Fair Use

Publishers call for federal government to settle ‘fair use’ in higher education

“Publishers are seeking “corrective authoritative guidance” from the federal government to stop the trend of court rulings they say are expanding copyright exemptions beyond their legal intent, but higher education associations argue interfering could upset the balance between copyright holders and consumers. The Association of American Publishers made its appeal to a U.S. House of Representatives subcommittee on Wednesday during a hearing on fair use and access for the visually impaired. The second topic, however, was somewhat overshadowed by the ongoing legal disputes over what colleges and universities can and cannot do with copyrighted works.” (via insidehighered)

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Videos Show Value of Code of Best Practices in Fair Use

“Today, October 21, 2014, ARL released three videos on the Code of Best Practices in Fair Use for Academic and Research Libraries, a clear and easy-to-use statement of reasonable approaches to fair use of copyrighted material, developed by and for librarians who support academic inquiry and higher education. With generous support from The Andrew W. Mellon Foundation, the new videos capture how the Code has assisted many communities by providing helpful guidance about the scope of best practice when fair use comes into play.” (via ARL)

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ALA responds to Eleventh Circuit Court’s encouraging “fair use” decision in Georgia State University case

“On Friday, the U.S. Court of Appeals for the 11th Circuit handed down an important decision in Cambridge University Press et al. v. Carl V. Patton et al. concerning the permissible “fair use” of copyrighted works in electronic reserves for academic courses. Although publisher’s sought to bar the uncompensated excerpting of copyrighted material for “e-reserves,” the court rejected all such arguments and provided new guidance in the Eleventh Circuit for how “fair use” determinations by educators and librarians should best be made. Remanding to the lower court for further proceedings, the court ruled that fair use decisions should be based on a flexible, case-by-case analysis of the four factors of fair use rather than rigid “checklists” or “percentage-based” formulae.” (via ALA)

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COURT: SEARCHABLE BOOKS DATABASE IS ‘FAIR USE’

“The creation of a full-text searchable database of millions of books is a fair use of copyrighted works, a federal appeals court ruled Tuesday, saying it also is permissible to distribute the books in alternative forms to people with disabilities. The 2nd U.S. Circuit Court of Appeals’ decision came in a lawsuit brought by authors and several authors’ groups after several research universities agreed in 2004 to let Google Inc. electronically scan their books and then created a repository for more than 10 million books published over many centuries and written in numerous languages.” (via The Associated Press)

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Scope of Fair Use: Library Copyright Alliance Submits Statement for House Judiciary Hearing

“Yesterday, the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held another hearing on copyright review. This hearing focused on the scope of fair use and included five witnesses: Peter Jaszi (professor, American University), June Besek (professor, Columbia University), Naomi Novik (author and co-founder, Organization for Transformative Works), David Lowery (singer/songwriter and lecturer, University of Georgia), and Kurt Wimmer (general counsel, Newspaper Association of America). In advance of the hearing, the Library Copyright Alliance (LCA) submitted a written statement (PDF) discussing how libraries rely on fair use in order to serve their users and meet their mission, how the federal government relies on fair use for photocopying and in the patent examination process, and how rights holders rely on fair use in developing new works. The LCA statement concludes that no changes are needed to the fair use doctrine.” (via ARL)

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Experts Say Academics Are Timid About Fair Use Laws

“Visual arts professionals, including art historians, let real and perceived fears about copyright law get in the way of their work, finds a new report from the College Art Association. And while the fundamentally visual nature of their discipline raises particular concerns among scholars of art, artists, editors and museum curators, experts say their fears are shared across academe — although some disciplines have worked to develop codes to help scholars navigate the murky waters of fair use. “The visual arts communities of practice share a common problem in their confusion about and misunderstanding of the nature of copyright law and the availability of fair use,” reads the report, called “Copyright, Permissions, and Fair Use Among Visual Artists and the Academic and Museum Visual Arts Communities.” “Their work is constrained and censored, most powerfully by themselves, because of the confusion and the resulting fear and anxiety.” (via Inside Higher Ed)

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Libraries applaud dismissal of Google Book Search Case

“After eight years of litigation, the U.S. District Court for the Southern District of New York today upheld the fair use doctrine when the court dismissed Authors Guild v. Google, a case that questioned the legality of Google’s searchable book database. The Library Copyright Alliance—which is comprised of the American Library Association, the Association of College & Research Libraries and the Association of Research Libraries—welcomes Judge Denny Chin’s decision to protect the search database that allows the public to search more than 20 million books. In his dismissal of the case, Judge Chin enumerated the public benefits of Google Book Search by calling the project transformative and a fair use under the copyright law.” (via ALA)

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Google Seeks Ruling Copying Books Without Permission Is Fair

Google Inc., the world’s largest search engine, is facing the challenge of persuading a judge that digitally copying millions of books for online searches without authors’ permission is protected by copyright law. The company is set to argue today in federal court in Manhattan that the fair-use provision of the Copyright Act shields it from liability for copyright infringement. Authors and a trade group oppose the project, claiming Google has taken away their rights for its own gain without compensating them.” (via Bloomberg)

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Infographic Shows Good News about Library Fair Use

“Today ARL, American University’s (AU) Washington College of Law, and AU’s School of Communication released a new infographic that tells the story of library fair use and the Code of Best Practices in Fair Use for Academic and Research Libraries in a clear and compelling way. The infographic is freely available as a full-size PDF, an embeddable PNG for blogs and website, and a print-ready 8.5” x 11” PDF to print and hand out at events.” (via ARL)

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Appeal Filings Outline Authors Guild’s Objections to HathiTrust Opinion

“With a new round of filings hitting the docket last week, the Authors Guild appeal of Judge Harold Baer’s landmark copyright decision in the the HathiTrust case is underway. The broad appeal raises a handful of key questions on which the Guild is seeking review by the Second Circuit Court of Appeals, including whether the district court erred in finding the scan plan to be fair use.”

via Publishers Weekly

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