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Just Released: Best Practices in Fair Use of Orphan Works

Best Practices for Orphan Works

At a live webinar on Thursday, Dec. 4, UC Berkeley and American University researchers released a new statement on best practices in the use of orphan works by libraries, archives and other institutions.

Over the last several years, libraries, archives and other institutions have recognized that copyright law poses a significant obstacle to digital preservation of—and online access to—large segments of their collections. This problem is especially acute for archives and collections that contain orphan works–i.e., works for which it is difficult or impossible to find rights holders who might give permission for their use. Read more...

Research Libraries Celebrate Fair Use With New Videos

ARLThe Association of Research Libraries recently released a series of new videos discussing the development, use, and impact of fair use best practices. The videos specifically highlight the ways in which the “Code of Best Practices in Fair Use for Academic and Research Libraries” has benefited the community, from making historical collections available to researchers online to alleviating the “book famine” of materials available to blind and otherwise print-disabled library patrons. Read more...

Librarians and Fair Use: Take the Big Picture

The Code of Best Practices in Fair Use for Academic and Research LibrariesCan a library put a professor’s reading list of book chapters and other excerpts from academic monographs on e-reserve for students in the class, without permission from the copyright holder?

That’s been in dispute since 2008, when publishers sued Georgia State University for doing just that. A District Court judge ruled that almost all of the scores of uses were fair, but also set an arbitrary standard of 10% for allowable quoting from academic monographs.

And the publishers appealed. Now an appeals court has reviewed the ruling, and sent it back for corrections. Read more...

Good News: Growing Acceptance of Fair Use in Documentary

At the 2014 Getting Real Documentary Film Conference, hosted by the International Documentary Association, the Center is releasing new research on the embrace of fair use in the field.

Based on a survey of 489 documentary filmmakers by Patricia Aufderheide and Aram Sinnreich, the survey finds that a great majority of documentary filmmakers understand fair use, find it valuable in their work, and have had no trouble with acceptance by broadcasters, lawyers or insurers. Read more...

Fair Use in Search: TVEyes

TVeyesIs it legal to record all of TV and then let viewers search for topics and view relevant segments?

Yes it is, under fair use. And it goes against everything Fox News argued in a lawsuit it filed against TVEyes, a video clipping service. Read more...