Fair Use and Presentations/Speeches

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.

Colleges and universities routinely struggle to address their copyright licensing needs campus-wide. How do faculty, library, bookstore staff, and others on campus effectively assess and secure the rights to copy material for coursepacks, classroom handouts, reserves, course Web pages, e-mail, and more? Are instructors getting permission to post published content on course management systems and electronic reserves when fair use may not apply?

To address these challenges, CCC recently unveiled the Annual Copyright License for Academic Institutions, a comprehensive campus-wide license that permits campus faculty, staff, and researchers to use and share copyrighted text-based content online and in print. In this presentation, we will learn how staff members at Middlebury College, the license's charter client, helped CCC shape this new licensing service and how they're using it to address their copyright needs. This session will also include a brief overview of the license itself.