Copyright and Fair Use
recent legal shifts and trends

NJLA Intellectual Freedom Mini-Conference
September 19, 2013

Presentation

• PDF with notes, Keynote format, PowerPoint format

Links & Sources

General Fair Use links

• Four factors of Fair Use from Stanford Copyright and Fair Use Center
• ALA FAQ on the TEACH Act

Cambridge University Press v. Becker (Georgia State case)

• Commentary on GSU case
• EduCause summary of GSU issues
• Chronicle of Higher Ed: Publishers and Library Groups Spar in Appeal to Ruling on Electronic Course Reserves
• GSU Slideshow featuring mascot

Modern Language Association

• MLA announcement of Open Access friendly guidelines
• MLA Commons launched in 2013

Brownmark Films, LLC v. Comedy Partners (What What (in the Butt))

• Brownmark Films, LLC v. Comedy Partners (The What What in the Butt case)
• Press release from Brownmark Films about the lawsuit

Authors Guild v. Hathi Trust

• Thorough overview of the issues
• Hathi Trust page of information
• ARL Screencast with information for libraries about the decision
• Law Prof. James Grimmelmann's synopsis of the decision

UCLA streaming case

• TechDirt article on second case dismissal
• Judge Throws Out Copyright Lawsuit Over UCLA's Streaming of Videos to Students

Publicly Funded Research

• White House response: Increasing Public Access to the Results of Scientific Research
• Original We The People petition

Kirtsaeng v. Wiley

• Public Knowledge blog post before the decision
• SCOTUSBlog on the decision
• EFF's analysis
• Association of American Publishers: Understanding Kirtsaeng

Seltzer v. Green Day

• Four point analysis of Fair Use in Seltzer v Green Day
• Street artist beware (suggestions from FindLaw blog)

MPAA & Fair Use

• MPAA backs Author's Guild against universities
• MPAA backs Fair Use

YouTube vs. Viacom

• YouTube wins case against Viacom on YouTube's blog
• Slightly out of date article about the trial on Wikipedia

Salinger/ISCE

• 60 Years Later [legal analysis]
• ISCE's Digital Library is Under Attack [lawsuit, response]

Fair Use Calculators and Best Practices

• ALA OITP's Fair Use Calculator
• ARL's Code of Best Practices (ARL policy notes blog)
• ARLs repurposable slides about Fair Use
• Open Library: Main page, main library page, porcupine book
• Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections article by Kevin Smith in ARL's Digital Library Issues (#279, June 2012)
• Code of Best Practices in Fair Use for Online Video (pdf)
• Code of Best Practices in Fair Use for Poetry (pdf)
• Code of Best Practices for Open Courseware (pdf)
• Documentary Filmmakers' Statement of Best Practices in Fair Use and successful examples (pdf)
• Digitizing Modern Special Collections with links to some best practices
• Harvard Business School v. ISCE - lawsuit & response. Meanwhile Harvard Business School goes exclusive with EBSCO

Organizations

• Organization for Transformative Works
• Flickr Creative Commons
• Open Library's Free Ebook Titles & the Internet Archive
• Cite correctly with Open Attribute

Images Used

• Background image from The New Jersey coast and pines an illustrated guide-book on OpenLibrary
• Gutter image from Woodwork joints; how they are set out, how made and where used from Open Library
• Fair Use logo from Wikimedia Commons
• Tug of War image from Denver Public Library's Harry M. Rhoads photograph collection
• Travelling library photo from Training for librarianship on Open Library
• Belva Ann Lockwood from Wikimedia Commons
• Copyright duration and the Mickey Mouse curve from Tech Liberation blog
• Fair Use - It's the Law by Timothy Vollmer, via Flickr
• "The Science of Railways" from Hathi Trust
• Risky Business image on Wikipedia
• Password game by Tim Murtagh on Flickr
• Master Lock with root password
• A funny cartoon about DRM that has nothing to do with this talk