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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