EDUCAUSE | Fair Use

Copyright protection and the new stakeholders in online distance education: The Play’s the Thing

ckeller — Fri, 15 Aug 2008 14:33:46 -0500

This paper analyses the university as an Internet intermediary in the current climate of online distance education, classifies the stakeholders associated with the university in Web course management, and explores the need for an “Instructional Design Copyright Law”. The situation is likened to a theatrical production, with front-of-house preparations, backstage operations, and tragic characters.

5 Things You Should Read about Copyright and Sharing Instructional Materials

ckeller — Thu, 10 Jul 2008 11:01:17 -0500

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.

Code of Best Practices in Fair Use for Online Video

ckeller — Thu, 10 Jul 2008 10:36:42 -0500

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 Lawsuit, University Asserts That Downloading Copyrighted Texts Is Fair Use

ckeller — Mon, 07 Jul 2008 12:05:17 -0500

"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. "

A Steady Vision for Libraries

elilly — Mon, 14 Apr 2008 13:01:04 -0500

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.

Full Report of the Section 108 Study Group

ckeller — Wed, 02 Apr 2008 13:19:08 -0500

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.

Update on Key U.S. Copyright Developments

ckeller — Fri, 29 Feb 2008 11:40:56 -0600

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.

Tune In Feb. 29 for a Free Web Seminar Updating Key Copyright Developments in the U.S.

pkurkowski — Thu, 21 Feb 2008 16:20:39 -0600

Copyright continues to be a core interest of the higher education and academic library communities. In this briefing, Update on Key Copyright Developments in the U.S., presenter James G. Neal, Vice President for Information Services and University Librarian, Columbia University, 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.

Those unable to attend may wish to visit the archives after the event or browse related EDUCAUSE resources on Anti-Circumvention Restrictions or Copy Protection Devices, Copyright, DMCA, Fair Use, Federal Copyright Law, Intellectual Property, and P2P or File Sharing.

Copyright Fair Use and the Economy

ckeller — Fri, 01 Feb 2008 09:11:26 -0600

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.

Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video

ckeller — Fri, 04 Jan 2008 14:14:28 -0600

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.