Challenges in Employing Fair Use in Academic and Research Libraries

2010 ◽  
pp. 17-25 ◽  
Author(s):  
Brandon Butler
Keyword(s):  
Fair Use ◽  
Research Libraries

scholarly journals Massive Open Online Courses: Legal and Policy Issues for Research Libraries

2016 ◽  
Author(s):  
Brandon Collins Butler
Keyword(s):  
Open Access ◽  
Online Courses ◽  
Information Policy ◽  
Fair Use ◽  
Massive Open Online Courses ◽  
Equal Access ◽  
Massive Open Online ◽  
Educational Mission ◽  
Policy Issues ◽  
Research Libraries

Massive Open Online Courses (MOOCs) raise significant legal and policy questions for research libraries, which are often asked to support the development of MOOC courses. These questions involve information policy concerns that are central to research libraries, including the proper application of fair use, the transition to open access as the default mode of scholarly publishing, and the provision of equal access to learning materials for students with and without disabilities. Where possible, research libraries should engage in conversations around MOOCs and promote their core values. By doing so, they will also promote the continuing vitality of libraries as partners in the educational mission.

scholarly journals Research Libraries and New Technologies, Promoting Access to Information, Learning, and Innovation for Today and the Future

2017 ◽  
Author(s):  
Krista L. Cox
Keyword(s):  
New Technologies ◽  
Historical Record ◽  
Fair Use ◽  
Research Libraries ◽  
History Of ◽  
Historical Role ◽  
To Come ◽  
Access To Knowledge ◽  
Teaching Learning

The role of libraries today is rooted in their historical mission. At their heart, libraries provide access to knowledge and information. They do so by preserving the cultural and historical record, not only for today, but for generations to come. They support teaching, learning and research by providing access to works, curating collections and ensuring that connections between different materials can be made. Libraries also have a long history of providing physicalspaces for studying, meeting or for exhibitions. They have also provided accessible formats to individuals with print and other disabilities, helping to ensure that everyone can access information. While these activities represent the historical role for libraries, these same endeavors hold true today. Beyond this historic role, libraries today have also evolved to accommodate the new ways of learning that technology has permitted. Ultimately, libraries have adapted to the changing landscape to ensure that they fulfill their missions of preservation and provision of access to knowledge and culture. Through fair use, for example, libraries have been able to adapt to new and emerging technologies.

scholarly journals Academic Special Collections and the Myths of Copyright

2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Fair Use ◽  
Third Party ◽  
Research Libraries ◽  
The Public ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
Policy Statements ◽  
Domain 4

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.

scholarly journals Fair Use and Beyond: The Status of Copyright Limitations and Exceptions in the Commonwealth of Independent States

2004 ◽  
Vol 65 (6) ◽  
pp. 468-504 ◽  
Author(s):  
Janice T. Pilch
Keyword(s):  
Fair Use ◽  
Broad Perspective ◽  
Commonwealth Of Independent States ◽  
Research Libraries ◽  
Copyright Laws ◽  
The Status ◽  
Independent States ◽  
Limitations And Exceptions ◽  
The Individual ◽  
International Conventions

Fair-use and other free-use limitations and exceptions in national copyright laws maintain a balance between the individual interests of creators of works and other copyright holders, and the public interest in fostering a culturally productive exchange of information and ideas. The status of fair use and free use has come into question in recent years, in part by the rapid pace of technological change, which has led to laws favoring new modes of information management. This article discusses fair-use and other copyright limitations and exceptions in an international context and their origins in international conventions, treaties, and agreements. It then offers a comparative analysis of the limitations and exceptions found in the current copyright laws of the twelve nations comprising the Commonwealth of Independent States (CIS), highlighting the range of limitations and exceptions found in the CIS statutes and the differences among the laws of those nations. In the current climate of change in global copyright legislation, this article provides broad perspective in an area that is of increasing relevance to the aims of academic and research libraries internationally.

scholarly journals Streaming Media in an Uncertain Legal Environment: A Model Policy and Best Practices for Academic Libraries

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Tina M Adams ◽  
Claudia C Holland
Keyword(s):  
Best Practices ◽  
Streaming Media ◽  
Public University ◽  
Fair Use ◽  
Academic Librarians ◽  
Online Course ◽  
Legal Environment ◽  
Video Content ◽  
Research Libraries ◽  
Streaming Videos

As VCRs and DVD players become obsolete, online course offerings increase, and flipped pedagogy becomes ubiquitous, academic librarians are frequently confronted with requests from instructors for streaming media. The authors of this article describe the reasoning for and process by which a policy and best practices to manage streaming media requests were developed at a large public university. This policy is guided by the principles set forth in U.S. Copyright Act’s fair use doctrine (17 U.S.C. § 107) and ARL’s Code of Best Practices in Fair Use for Academic and Research Libraries (2012). The policy also includes a workflow for delivering streaming, ADA-compliant video content that cannot be licensed via conventional library means. Moreover, the comparative costs of purchasing subscription video collections versus licensing individual streaming videos at George Mason University are provided for the fiscal years 2013 through 2016.

scholarly journals Fair Use Challenges in Academic and Research Libraries

2010 ◽  
Author(s):  
Prue S. Adler ◽  
Brandon Butler ◽  
Patricia Aufderheide ◽  
Peter A. Jaszi
Keyword(s):  
Fair Use ◽  
Research Libraries

Global Mandatory Fair Use

2020 ◽  
Author(s):  
Tanya Aplin ◽  
Lionel Bently
Keyword(s):  
Fair Use

Editor's Note

2004 ◽  
Vol 27 (1) ◽  
pp. i-iii
Keyword(s):  
United States ◽  
Public Education ◽  
Economic Status ◽  
Ethnic Origin ◽  
Fair Use ◽  
Good Education ◽  
The Poor ◽  
The Rich

In this election year, 2004, people are grappling with the various forces that make up these United States. What forces encourage inclusion and which exclusion? Who is to be included and who excluded? Is this to be a country with wide discrepancies between the rich and the poor? Is this to be a country where public education is poorly funded and a good education depends upon private resources? Are we going to forget that discrimination on the basis of gender, race, ethnic origin, and economic status still exists and needs to be perpetually, vigilantly addressed? There is a deep division in the country over the proper and fair use of our resources that constitutes concern in all our citizens

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