Publications, Videos, Web Tutorials
This Mellon Foundation–funded collaborative study brings together New York University's Division of Libraries with the Moving Image Archiving & Preservation program at NYU's Tisch School of the Arts, and the circulating media collections of the University of California Berkeley and Loyola University (New Orleans) to collaboratively address these challenges.
Legal Issues in Mass Digitization: Copyright Office 97 page preliminary report, October 2011.
This was produced by Prudence Adler, Jonathan Band, and Brandon Butler, to analyze the copyright issues related to Orphan Works, specifically those presented by digitization and sharing of the works by the HathiTrust, which is a partnership of major research universities and libraries.
Copyright and Cultural Institutions: Guidelines for Digitization for US Libraries, Archives and Museums
by Peter Hirtle, Emily Hudson, and Andrew T. Kenyon published by Cornell University Library October 2009. Click here for details on how to purchase print copies. This document can also be downloaded by clicking the hyperlink above.
Fair Use in General
AIME and Ambrose Video Publishing v. UCLA, (Central District of California, Case No. 2:10-cv-09378, 11/20/12)
Decision by court to dismiss case against UCLA which involved university’s streaming of copyrighted DVD content to classrooms and other locations over the institution’s closed and password protected intranet. Court held terms of contract ambigous, and fair use a gray area, so law not cleary violated. Court also distingushed streaming from distributing a copy under the Copyright Act, in dicta.
Georgia State Electronic Materials Case Executive Summary.A summary by Georgia Harper on the Cambridge University Press case. An excellent analysis of the state of fair use today as it relates to electronic reserves.
Making Sense of Fair Use: Neil Netanel (UCLA School of Law)
Association of Research Libraries, Code of Best Practices in Fair Use for Academic and Research Libraries, January 2012. This document is a clear articulation of what librarians believe to be best practices with respect to the uses by the library community of copyrighted materials. Eight situations are indentified that librarians believe are fair use. An example is transferring to new formats for preservation materials that are likely to deteriorate, such as movies on video cassette tapes. (See the 1-25-12 Chronicle Article titled "Fair Use Guide Seeks to Solve Librarians' VHS Cassette Problem".) The Code also takes the position that is it reasonable for works to be posted from semester to semester to the extent they are the most appropriate, relevant, and still timely material for the course. The Code is based upon focus group deliberation with a wise group of academic and research librarians, as well as a legal advisory board that includes Steve McDonald. See Brandon Butler's blog post on the Code. Another resource related to Fair Use is the Center for Social Media web page on Fair use and Libraries.
Visual Resources Association Statement on The Fair Use of Images For Teaching, Research and Study, December 2011
This document addresses six situations that fall within the fair use guidelines when using images for teaching research and study. See the Executive Summary for a succinct statement of the 6 uses. Note that this document restates and emphasizes the use of images in dissertations as a fair use right that is inherently transformative and as something that frequently benefits the creator of the image. Suggestions for how best to assert fair use are included for all six uses set forth, including publication of disserations with images in digital repositories without having to seek copyright permission.
Copyright on Campus: A brief video tutorial on Copyright Basics for Faculty, created by the Copyright Clearance Center
Code of Best Practices In Fair Use for Poetry, January 2011, American University Center for Social Media
Streaming of Films for Educational Purposes: Issue Brief on discussion of permissibility of streaming under 107, 110(2) or 110(1) of the Copyright Act. Posted by Library Copyright Alliance, ALA, ARL and ACRL. Feb. 2010.
Know your Copyrights: Association of Research Libraries (ARL) Web Page on using copyrighted works in the academic setting. This is a great new resource that features questions and answers, a brochure for faculty and teaching assistants, and a section on planning campus outreach. The brochure can be purchased in print form from the ARL, but can also be accessed on the web site, and may be customized for use on your own campus pursuant to a Creative Commons license. See especially, the What you Can Do Chart.
The Code of Best Practices in Fair Use for Media Literacy Education: Published by American University's Center for Social Media: A guide to fair use, issued in November 2008. The guide offers free advice to professors who wish to incorporate moving image media; sound media, images, web sites and all other types of media into their lecutures. This guide identifies five principles that represent the media literacy education community's current consensus about acceptable practices for the fair use of copyrighted materials. The guide was created with the assistance of more than 150 educators, and reviewed by a panel of lawyers who are experts in fair use.
Citizen 3.0 Copyright, Creativity and Contemporary Culture
This series of short videos explores the relationship between media, technology, culture and democracy through the lens of copyright law.
Recut, Reframe, Recycle: by the Center for Social Media at American University
A study by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school's Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today's online videos are eligible for fair use consideration. The study points to a wide variety of practices-satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)-all of which could be legal in some circumstances.
Documentary Film Makers Statement of Best Practices in Fair Use: Includes general principles to guide film makers as they assess risk and decide what uses might qualify as a fair use.
The State of Fair Use in Academia Today: Wesley D. Blakeslee, Written for a NACUA conference in 2003. Wes was prescient, as he argued back then that the *rule* that fair use could not be argued for copying the same document semester to semester made no sense. He has now been vindicated by both the judge in the Georgia State Case and in the ARL code of Best Practices.
Fine Art Images
Copyrights and other Rights in Photographic Images by Jeremy Rowe, 2002, Arizona State University.
Google Book Project
NACUANOTES: April 17, 2009 The Google Settlement and Higher Education: Imminent Deadlines
Excellent Memo by Jonathan Band on the implications for Higher Education Institutions.
The Google Library Project: Is Digitization For Purposes of Online Indexing Fair Use Under Copyright Law? By Kate Manuel, Legislative Attorney, Congressional Research Service, Dated May 14, 2009.
Google This (posted October 5, 2005)
A legal analysis of the Google Print Library Project by Georgia Harper of the U.Texas System in which she discusses the state of the fair use doctrine.
Legislative Change Issues
From the English langauge version of the treaty:
National Law Limitations and Exceptions Regarding Accessible Format Copies
1. (a) Contracting Parties shall provide in their national copyright laws for a limitation or exception to the right of reproduction, the right of distribution, and the right of making available to the public as provided by the WIPO Copyright Treaty (WCT), to facilitate the availability of works in accessible format copies for beneficiary persons. The limitation or exception provided in national law should permit changes needed to make the work accessible in the alternative
(b) Contracting Parties may also provide a limitation or exception to the right of public performance to facilitate access to works for beneficiary persons.
2. A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a limitation or exception in its national copyright law such that:
(a) Authorized entities shall be permitted, without the authorization of the copyright rightholder, to make an accessible format copy of a work, obtain from another authorized entity an accessible format copy, and supply those copies to beneficiary persons by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve those objectives, when all of the following conditions are met:
(i) the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;
(ii) the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;
(iii) such accessible format copies are supplied exclusively to be used by beneficiary persons; and
(iv) the activity is undertaken on a non-profit basis;
(b) A beneficiary person, or someone acting on his or her behalf including a primary caretaker or caregiver, may make an accessible format copy of a work for the personal use of the beneficiary person or otherwise may assist the beneficiary person to make and use accessible format copies where the beneficiary person has lawful access to that work or a copy of that work.
The Digital Learning Challenge: Obstacles to Educational uses of Copyrighted Material in the Digital Age
By William W. Fisher and William McGeveran, of the Berkman Center for Internet and Society at Harvard Law School. This paper looks at the ways in which innovative use of technology is hampered by copyright restrictions and digital rights management technology.
Library Copyright Issues
August 2010 Council on Library and Information Resources and Library of Congress: The State of Recorded Sound Preservation in the United States: A National Legacy at Risk in the Digital Age
March 2008 Section 108 Study Group Report: An Independent Report sponsored by the United States Copyright Office and the National Digital Information Infrastructure and Preservation Program of the Library of Congress. Findings include suggestion that Section 108 of copyright law be revised to allow libraries and archives to capture and duplicate online material (if not password protected) for scholars and researchers, and extending the 108 exceptions to museums.
Music on Campus
NACUBO web page on use of music copyrights. Also links to a joint report by ACE and NACUBO on Use of Copyrighted Music on Campus.(September 2013)
BAYU: Be Aware You're Uploading: Using-Peer to-Peer File Sharing Safely and Appropriately: Designed by the University of Michigan with Jack Bernard of the UM OGC. This program is available to other schools as open source software. BAYU (Be Aware You're Uploading) is a service designed by the University of Michigan to notify users of university networks that they might be uploading. BAYU is an automated system that notices when computers on selected university networks appear to be uploading files using peer-to-peer (P2P) file sharing technology. BAYU then notifies the person whose computer was being used to upload the material.
A short video to be used for educating students about copyright law and downloading music off the Internet.The video was produced for CUA by Whatbox Productions. Copyright permission to use the song What Happened by Sublime was received for use in this context.
RIAA Campus Downloading:
August 2006:A video created by RIAA to educate students on the consequences of illegal downloading of music.
Cory Doctorow on the Creative Commons: A November 2007 article from Locus Magazine that summarizes why and how to use the Creative Commons.
Copyright Term and the Public Domain in the United States
Copyright Slider: An interactive version of the public domain/copyright status chart. If you move the arrow on the page to the date and conditions on publication, the boxes on the left will give you information on whether or not permission is needed for use of the work. This document can be modified for use at your institution by adding contact information, or it can simply be posted as is. Click on the Creative Commons license at the bottom left for more information.
NC State TEACH Toolkit This site is intended to assist in implementation of the many aspects and requirements of the Technology, Education, and Copyright Harmonization Act (TEACH) Act of 2002. This online resource for understanding Copyright Law & Distance Education is a joint project of North Carolina State University Libraries, Office of Legal Affairs, DELTA, and ITD.
Tutorials and Other Training Materials
Web Stewardship/Web Responsiblities: Memo on Web 2.0 issues and copyright, privacy, FERPA, blogging, etc. by Madelyn Wessel, Associate General Counsel at University of Virginia.
Copyright 101 Tutorial Brigham Young University
This comprehensive web page includes movies, modules, case studies and more. The topics are basic copyright, fair use, and scenarios that arise on campus.
This booklet was produced by a joint task force of the America Association of University Presses, The Association of America Publishers, the Association of American Universities, and the Association of Research Libraries. The booklet is intended to provide guidelines to colleges and universities who wish to create (or supplement an existing) policy for the creation, distribution, use and management of copyrighted works on campus.
The Rule of Law in the Information Age: Reconciling Private Rights and Public Interest: Archived Videos of the Oct. 2002 Columbus School of Law Symposium streamed to CUA and Stanford: Includes clips of Professor Larry Lessing, Professor Jonathon Zittrain, Marybeth Peters, and more.
updated by mlo12-11-12 to add UCLA case