What's New for 2024

Copyright and Free Expression

Parody is one example of how copyright law’s fair use doctrine protects free expression.  According to the Oxford English Dictionary, a parody is “an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect.”  In our modern culture, parody exists in a range of media, including art, literature, television, and music.  Some famous examples of parody in film include Mel Brooks’ Young Frankenstein and Austin Powers.  Saturday Night Live and Weird Al Yankovic also rely on parody.

Fair use — which protects parody — is a legal doctrine that promotes freedom of expression by allowing the public to use copyrighted works without the permission of the copyright holder.  The statutory framework for fair use is found in Section 107 of the Copyright Act.  Section 107 enumerates the following four factors, which must be evaluated to determine whether a use is fair:

  • Factor 1: Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
  • Factor 2: Nature of the copyrighted work
  • Factor 3: Amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • Factor 4: Effect of the use upon the potential market for or value of the copyrighted work

Read more: https://dsi.appstate.edu/news/copyright-and-free-expression

Find Yourself in Copyright: A Fair Use Week Webinar with the US Copyright Office

To kick off the 11th annual Fair Use Week, ARL was delighted to host a webinar featuring George Thuronyi, deputy director of the Office of Public Information and Education (PIE) at the United States Copyright Office. During his presentation Thuronyi described the four factors of a fair use analysis as required by Section 107 of the US Copyright Act, and explained how the factors are considered by courts in considering what uses are fair. Through a series of questions to the audience, Thuronyi reviewed the basics of copyright registration and protection, what it means for works to be in the public domain, and trivia (do you know the name and author of the first work registered under federal copyright law?).

Thuronyi also shared resources that are available on copyright.gov, including the US Copyright Office Fair Use Index, which tracks fair use cases back to 1841. The index provides information on fair use cases in all jurisdictions, including the facts of the case, the legal issue, and the outcome of the case.

During a brief discussion following the presentation, Thuronyi referenced the office’s forthcoming report on its initiative to examine questions at the intersection of copyright and AI. The office received 10,000 comments in response to its notice of inquiry (including comments by the Library Copyright Alliance).

View a recording of the webinar—and test your knowledge of fair use trivia!

All Things Open Week: Call for Proposals

Texas Tech University Libraries and Kennesaw State University are teaming up to co-host All Things Open Week, a virtual conference that combines issues typically discussed during Open Education Week, Open Access Week, Fair Use Week and more. We invite all interested parties to submit a presentation proposal. All sessions will be virtual.

What does “all things open” encompass?

  • Open access publishing
  • Open data
  • Open educational resources
  • Open pedagogy
  • Open science
  • Open-source software
  • Open licensing and fair use
  • And any other efforts to increase access and equity!

Speakers can choose from different “open” tracks and themes, and there are options for lightning talks, full-length presentations or interactive Q&A panels. The submission portal is open now through March 1, 2024, at 11:59 p.m.

For more information and to submit a proposal, please follow this linkhttps://digitalcommons.kennesaw.edu/ato/cfp.html

 

Fair Dealing Week highlights critical component of affordable, rigorous university education

Campaign draws attention to important copyright exception that balances user and creator rights to accommodate freedom of speech and expression

Fair Dealing and Copyright at uOttawa: A Guide for Professors, Researchers, and Students to mark Fair Dealing Week 2024

Canadian copyright law provides a framework to protect the rights of creators while also balancing these with the needs of users to access and make use of materials. One crucial aspect of this delicate balance is the concept of fair dealing, which allows uses of materials subject to copyright without the need for permission, as long as the dealing is considered fair.

Read more: https://www.uottawa.ca/library/news-all/fair-dealing-copyright-university-ottawa

Virtual Event: Fair Use for Nonfiction Authors

Virtual Event

Fair Use for Nonfiction Authors  

Wednesday, February 28, 12:00 – 1:00

Are you a nonfiction author? A grad student working on your thesis or dissertation? Have you ever wanted to know whether you needed permission or a paid license to use copyrighted material in your work? Would you like to learn more about fair use? If so, Fair Use for Nonfiction Authors is for you!

This workshop is designed for all nonfiction authors who want to know more about using copyrighted materials.

Join us to review principles and limitations of fair use for common situations nonfiction authors face when incorporating copyrighted works into their writings.

Register online: https://albany.libcal.com/event/11998367

SLIS Professional Development Series: Kyle K. Courtney

Kyle K. Courtney is a lawyer and librarian serving as the Director of Copyright and Information Policy at Harvard University, working out of the Harvard Library. His award-winning “Copyright First Responders” initiative is in its 10th year, and has spread beyond Harvard to reach libraries, archives, museums, and cultural institutions across the U.S. He is a published author and nationally recognized speaker on the topics of copyright, libraries, and the law. In 2014, he founded Fair Use Week, now an international celebration sponsored annually by over 100+ universities, libraries, and other institutions.

Join virtually: https://uiowa.zoom.us/j/93945934366?pwd=R0RIQWMra0kxYkpSdmJVQitzZzFOQT09

More information: https://slis.uiowa.edu/event/137661/0

Find Yourself in Copyright

As part of Fair Use Week, the US Copyright Office will hold a webinar, “Find Yourself in Copyright,” on Monday, February 26, 1:00–2:00 p.m. eastern. This presentation will highlight the rights of creators and also the limitations on exclusive rights, including fair use, within US copyright law.

There will be a 45-minute presentation followed by 15 minutes for Q&A.

Presenter: George Thuronyi, deputy director of the Office of Public Information and Education (PIE) at the United States Copyright Office.

Registration

Registration is required. Register online: https://us02web.zoom.us/webinar/register/WN_kV6KdsIsRlK6CZ0h1Ek_MA