Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along

by Ariel Katz

It is Fair Dealing Week and I’m happy to share a draft of my new forthcoming chapter “Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?” Here’s the abstract:

According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian (or Commonwealth) fair dealing doctrine: while American fair use can apply potentially to any purpose, Canadian fair dealing could only apply to those purposes enumerated in the statute. Accordingly, fair dealing cannot apply to dealings for other purposes even if they would otherwise be fair.

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“Free Trade” Agreements Would Be More Fair With Fair Use At Their Core

by Timothy Vollmer

During Fair Use Week organizations and individuals are publishing blog posts, hosting workshops, and sharing educational resources about the importance of this essential limitation to the rights endowed by copyright. Fair use (and in other countries, the related fair dealing) is a flexible legal tool that permits some uses of copyrighted material without permission from the original rights holder, such as for use in news reporting, criticism, teaching, and other reasons.

Timothy Vollmer
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Fair Use/Fair Dealing Week 2017 Highlights Balance in Copyright System

*Cross-posted from ARL Policy Notes*

The fourth annual Fair Use/Fair Dealing Week took place February 20–24, 2017, growing to 140 organizations—as well as numerous individuals—celebrating the important and flexible doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Authors Alliance, Creative Commons, the Electronic Frontier Foundation, Public Knowledge, the R Street Institute, and Re:Create. Forty-five ARL member institutions contributed a wide range of resources this year. Fair Use/Fair Dealing Week was observed worldwide, with participants in such countries as Australia, Canada, Colombia, Israel, Korea, the Netherlands, New Zealand, and the United States.

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Fair Use Poem

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!

 

 

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