By Carrie Russell
They say fair use has turned on its head
That schools and libraries take fair use to bed
With veiled threats that litigation has worked before
It surely is not something we should ignore
So much hoopla and oh, such a haul
Schools and libraries follow the law!
While my library is having a couple of formal events I’m plugging Fair Use week in my blog (theconfirmationbias). The usual disclaimer that I am not a lawyer AND, in this case, this is me as an individual not me representing Notre Dame!
The Clash’s Know Your Rights with its frightening warning that “You have the right to free speech as long as you’re not dumb enough to actually try it” is just as timely today as it was in 1982 when it was released.
You probably know that the right to free speech is in the first amendment, along with the right to free assembly and the prohibition against any religious test for participation in this, our happy republic. But you might not know that our intellectual property law ALSO starts in the first amendment. Yup, intellectual property law is the love child of the first amendment and Article 1 section 8 of the Constitution.
Fair use provisions of the copyright law allow use of copyrighted materials on a limited basis for specific purposes without requiring the permission of the copyright holder. This infographic, made by Harvard Library’s Copyright First Responders, details the current state of the law, including the four factors, transformative uses, and cases for reference which are linked to openly licensed resources.
This infographic, created for Fair Use Week 2017, refutes 10 popular misperceptions about fair use.