Fair Use Synchronicity

Some days, it just works like this: in the last 24 hours, two interesting pieces on what constitutes fair use have crossed my desktop.

Andy Havens, that inexhaustible fountain of interesting online information, shot me this web site from the Center for Social Media at American University. The Center has developed a Code of Best Practices in Fair Use, which they intend to "help...creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use." (I hope that this direct lift from their site is within the bounds of fair use. If not, just address the consent decree directly to me, and I'll sign...) There is also a wonderful short video on their site that points up the thorniness of this conundrum.

On the other end of the spectrum, there is a long but intriguing PowerPoint presentation called "Disruptive Scholarship: An Idea Whose Time Has Come | Re(Use) / Re(Mix) / Re(New)" from Gerry McKiernan, an Associate Professor and Science and Technology Librarian at Iowa State University Library. McKiernan states in a cover e-mail, "In this presentation, we will review the Read/Write Traditions of the Arts, Humanities, and Sciences; analyze key Past / Present / Future Participatory Technologies; and explore the potential of Web 2.0 for creating/fostering Disruptive Learning / Scholarship / Teaching in the 21st century." A slightly different version of this presentation was offered at the 3rd International Plagiarism Conference in the UK last month.

The Noblest Taboo

“If I tell you how I feel,
Will you keep bringing out the best in me?
You give me, you give me the sweetest taboo.”

“The Sweetest Taboo” -- Sade (Website ; WCid ; Wikipedia ; composed by Sade & Martin Ditcham)

A very happy Fair Use Day to one and all (and thanks to Aaron for alerting me via twitter). 11 July has been designated as Fair Use Day by the folks at Fair Use Day

Fair Use (Wikipedia entry) is a concept in U.S. law that effectively provides a limited, legal defense against liability for copyright infringement if the use of the copyrighted content is for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, and the use meets a four point test as specified in 17 U.S.C. § 107.

Like almost anything in the copyright arena, there are nuances, and one can expect to find significantly differing opinions about what does and does not constitute “fair use” under the provisions of U.S. law.

Here is a sample of potentially useful resources:
o Fair-Use: Overview and Meaning for Higher Education (Copyright Management Center)
o Copyright and Fair Use (Stanford)
o Highlights of the Fair Use Guidelines for Educational Multimedia (Penn State) [ppt]
o AALL Guidelines on the Fair Use of Copyrighted Works by Law Libraries

Nice to see Fair Use Day earn a mention on several high-profile blogs including:
o boingboing
o ars technica

It should be noted that this general concept of educational and similar uses exceptions to copyright is also present in the law of other nations; for example, in Commonwealth nations there is a kindred concept called “Fair Dealing” (Wikipedia entry).

So, dear readers, know the law, and help your users make full use of the privileges it accords. And celebrate Fair Use Day every day!