This week we are focusing on fair use. Outside my office (309 Fairchild) you will find a number of infographics and reports to peruse at your leisure. Come celebrate the week and be more informed! Further reading/resources are in bullet points below.
What is Fair Use Week?
Taking place the last week of February, this is an annual celebration of important doctrines of fair use in the United States and fair dealing in Canada and other jurisdictions. This year, it falls on February 23-27.
- Learn more here: http://fairuseweek.org/about/
What is fair use?
In order to understand fair use, we need to know a bit about copyright:
A form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. “Copyright” literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.
- Browse the authority source: http://www.copyright.gov/
- Review the history of copyright: http://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline
Now read this page for a concise explanation of fair use: http://www.copyright.gov/fls/fl102.html
- As codified in section 107: http://www.copyright.gov/title17/92chap1.html#107
- Fair Use Fundamentals (infographic): http://fairuseweek.org/wp-content/uploads/2015/02/ARL-FUW-Infographic-r4.pdf
There are 4 factors for determining whether or not a particular use is fair. The Fair Use Checklist developed at Columbia is a very useful tool for guiding you through this process: http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/
How do libraries operate with fair use?
We have a Code of Best Practices in Fair Use for Academic and Research Libraries, which deals with common questions in higher education and affirms fair use in eight recurrent situations:
- Supporting teaching and learning with access to library materials via digital technologies
- Using selections from collection materials to publicize a library’s activities, or to create physical and virtual exhibitions
- Digitizing to preserve at-risk items
- Creating digital collections of archival and special collections materials
- Reproducing material for use by disabled students, faculty, staff, and other appropriate users
- Maintaining the integrity of works deposited in institutional repositories
- Creating databases to facilitate non-consumptive research uses (including search)
- Collecting material posted on the web and making it available
- Download the PDF: http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practices
- The Good News about Library Fair Use (infographic): http://www.arl.org/publications-resources/2875
- Research Library Issues, no. 285: Special Issue on Copyright: http://publications.arl.org/rli285/
How does the College handle copyright and fair use?
Dartmouth’s policy and guidelines are posted here: http://www.dartmouth.edu/copyright/
Please note the guidelines on online use of course materials are being updated and last week’s DCAL workshop addressed this in Fair Use in Teaching. If you missed it, there will be another session in the Spring term. In the meantime, if you have any questions, we are available to assist!