Tag Archives: Fair Use

Internet Archive files amicus brief in support of fair use and innovation in libraries

“Today marks the beginning of Fair Use Week, which celebrates the importance of fair use for libraries, students, teachers, journalists, creators, and the public. Last week, the Internet Archive joined the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries on a friend of the court brief in the Capitol Records v. Redigi case. This case raises the important question about whether it is legal to resell lawful copies of digital music files—that is, whether the first sale right exists in digital form, and how that right interacts with fair use.” (via Internet Archive)

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Publishers Still Fighting to Bury Universities, Libraries in Fees for Making Fair Use of Academic Excerpts

“On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians’ and students’ rights to make fair use of excerpts from academic books and research.” (via Electronic Frontier Foundation)

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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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