Fair Use

This ACRL publication serves to instruct and educate readers about topics relevant to library instruction, which are either timely or underdiscussed. The publication's emphasis is on current information packaged in a recognizable, consistent, readable way. It is intended to be a user-friendly entry into reading and keeping up with library instruction research and practice.

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.

"In a closely watched copyright-infringement lawsuit, Georgia State University fired back this week at its accusers, three academic publishers that say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law's fair-use exemption. "

The following excerpt is based on an interview conducted by Gerry Bayne, EDUCAUSE multimedia producer, with James G. Neal,Vice President for Information Services and University Librarian at Columbia University.

The Section 108 Study Group is a select committee of copyright experts charged with updating for the digital world the Copyright Act's balance between the rights of creators and copyright owners and the needs of libraries and archives. The Study Group was convened as an independent group by the National Digital Information Infrastructure and Preservation program of the Library of Congress and by the U.S. Copyright Office. The recommendations, conclusions, and other outcomes of the Study Group's Report are its own and do not reflect the opinions of the Library of Congress or the U.S. Copyright Office.

Copyright continues to be a core interest of the higher education and academic library communities. This briefing will focus on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group will be highlighted, including its primary findings and recommendations. In addition, two important recent studies will be described and their importance for libraries will be cited. The advocacy and educational roles and responsibilities of librarians on copyright also will be outlined.

The copyright legislative process in Washington traditionally focuses on increasing the protection provided to copyrights, based on the assumption that this will strengthen the economy. Recent research, however, indicates that exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of fair use, are vital to many industries and stimulate growth across the economy. In fact, business enterprises that benefit from fair use generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. gross domestic product. This economic research suggests that future copyright legislation needs to account for these important limitations if the policy-making process is to stimulate growth.

As online video burgeons, so do questions about what kinds of uses of copyrighted works are legal online. Inevitably, those questions will be settled at least as much by practice and private negotiation as by legal action. Recent discussions of filtering and monitoring practices for platform providers show the importance of identifying lawful uses, while meeting industry concern to limit unauthorized use of copyrighted material. This study showcases user practices in use of copyrighted works within their own online videos at the dawn of this process. It identifies nine common kinds of re-appropriation practices, including satire and parody, criticism, and video diaries. It shows that a substantial amount of user-generated video uses copyrighted material in ways that are eligible for fair use consideration, although no coordinated work has yet been done to understand such practices through the fair use lens.
Thus, a significant set of creative practices is potentially both legal and at risk of curtailment by currently discussed ways to control online piracy and theft of copyrighted works.

While policymakers pay much attention to copyrights, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of Fair Use, are vital to any industries and stimulate growth across the economy. Companies benefiting from fair use generate substantial revenue, employ millions of workers, and, in 2006,represented one-sixth of total U.S. GDP.