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Copyright and Fair Use

Statement of Best Practices in Fair Use of Orphan Works for Libraries & Archives

Orphan WorksOver 150 librarians, archivists and other memory institution professionals have contributed to the development of this Statement of Best Practices in Fair Use of Collections Containing Orphan Works. Download this statement, which provides clear and easy to understand guidance for memory institutions that seek to provide digital preservation and access to collections containing copyrighted, orphan works under the doctrine of fair use.

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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...

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...

How Fair Use Brought Dream Deceivers to Home Video

Dream DeceiversA new generation is going to see the fabled documentary "Dream Deceivers," because its director employed fair use. 

Back in 1992, David Van Taylor ("A Perfect Candidate," "Good Ol' Charles Schulz") went behind the scenes of a notorious "heavy metal/suicide" trial for his first film.  Two young men had shot themselves, and their parents sued Judas Priest, claiming the youths were mesmerized by subliminal messages.  The masterfully-edited documentary was a look inside the vortex of moral panic.

It was also a copyright nightmare. Read more...

HathiTrust Decision: Good News for Media That Matters

HathiTrustThe June 10 appeals court decision on HathiTrust advances the useability of fair use, protects innovation and helps makers of media that matters.

HathiTrust is a service of a consortium of more than 90 libraries. Read more...