In honor of Fair Use week, the February Public Policy News Alert (PPC/NA) is about Fair Use / Fair Dealing. Below find a FAQ and resources to find more information on this topic.

Fair Use FAQ:
What are Fair Use and Fair Dealing?
Fair use is a U.S. legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. https://www.copyright.gov/fair-use/more-info.html

Fair dealing is a right described in Canada's Copyright Act that allows people to use parts of works still under copyright for research, study, education, or satire without paying royalties to the original creator. http://laws-lois.justice.gc.ca/eng/acts/C-42/page-9.html#h-26

• Intellectual property law is addressed in the First Amendment and Article 1 section 8 of the U.S. Constitution: https://www.senate.gov/civics/constitution_item/constitution.htm 
• "These are your rights…." Fair Use Week/Fair Dealing Week Blog. February 20, 2017. http://fairuseweek.org/these-are-your-rights/
• College Art Association. "What Is Fair Use?" http://www.collegeart.org/fair-use/faq#2
• Association of Research Libraries. "Fair Use Myths & Facts." http://fairuseweek.org/wp-content/uploads/2017/02/fair-use-myths-and-facts-infographic-feb2017.pdf
• "What is Fair Dealing and How Does it Relate to Copyright?" http://www.lib.sfu.ca/help/academic-integrity/copyright/fair-dealing
• National Coalition Against Censorship. "Art Law Library: Copyright and Fair Use." http://ncac.org/resource/art-law-library-copyright-and-fair-use

 

What do Fair Use / Fair Dealing have to do with librarians?

Copyright and fair use / fair dealing have done a lot to shape how libraries operate by attempting to create a balance between the rights of authors/creators/publishers (represented by copyright) and users, including libraries (through fair use / fair dealing which are exceptions to copyright rights).

• Henderson, Carol C. "Libraries as Creatures of Copyright: Why Librarians Care about Intellectual Property Law and Policy." American Library Association. February 23, 2017. http://www.ala.org/advocacy/copyright/copyrightarticle/librariescreatures
• "The Good News about Library Fair Use." Association of Research Libraries. http://www.arl.org/storage/documents/publications/fair-use-infographic-aug2013.pdf
• Geffert, Bryn. "Information Access and the 800-Pound Gorilla." Inside Higher Ed. February 20, 2017. https://www.insidehighered.com/views/2017/02/20/us-copyright-law-significantly-hinders-access-information-essay

What do Fair Use / Fair Dealing have to do with art?
Fair use and fair dealing apply to images as well as text.

• Linares, Mayra. "Infographic: Teaching About Art | Fair Use Week." Center for Media and Social Impact. February 23, 2016. http://archive.cmsimpact.org/blog/fair-use/infographic-teaching-about-art-fair-use-week
• CAA’s Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative and scholarly work and who, through discussion groups, identified best practices for using such materials. They included art and architectural historians, artists, designers, curators, museum directors, educators, rights and reproduction officers, and editors at scholarly publishers and journals. http://www.collegeart.org/fair-use/best-practices
• Fair Use in Making Art, http://www.collegeart.org/pdf/fair-use/fair-use-in-making-art.pdf

General Fair Use Resources:

• Fair Use Week, http://fairuseweek.org/ 
• Fair Use Fundamentals, http://fairuseweek.org/wp-content/uploads/2016/02/ARL-FUW-Infographic-r5.pdf
• U.S. Copyright Office Fair Use Index, https://www.copyright.gov/fair-use/
• Copyright Clearance Center, http://www.copyright.com/learn/
• The Durationator, http://www.limitedtimes.com/
• Copyright Advisory Network, http://librarycopyright.net/
• Library Copyright Alliance (LCA), http://www.librarycopyrightalliance.org/home
• Center for Media and Social Impact, http://cmsimpact.org/program/fair-use/
• American Library Association Fair Use: http://www.ala.org/advocacy/copyright/fairuse 
• Fair Dealing Canada: http://www.fairdealingcanada.com/
• College Art Association Fair Use FAQ: http://www.collegeart.org/fair-use/faq

Resources for Teaching Fair Use

• College Art Association Fair Use Teaching Tools: http://www.collegeart.org/fair-use/teaching-tools
• Lesson plans and handouts from the fair use workshop from the ARLIS/NA 2017 annual meeting: http://bit.ly/TeachingFairUse 

Resources for Fair Use News:

• District Dispatch Copyright: http://www.districtdispatch.org/category/copyright/
• Library Copyright Alliance News from LCA: http://www.librarycopyrightalliance.org/news-from-lca

 

Compiled by the Public Policy Committee: Caley Cannon, Patricia Kosco Cossard, Sara DeWaay, Serenity Ibsen, and Lynora Williams, with help from Alex Watkins.