Category Fair Use

Fair or Free Use of Copyrighted Materials in Education and Research and the Limit of Such Use

[Muhammad Masum Billah and Saleh Albarashdi] The concept of fair use, fair dealing, or free use of copyrighted works for education and research is incorporated in copyright laws around the world. This is to strike a balance between the private interests of copyright holders and the public interests of students and researchers to use the copyrighted materials in furthering their knowledge. While fair and free use of copyrighted materials for the purpose of study and research is favored and permitted under copyright laws almost everywhere in the world, the limit of such use is not clearly defined in these laws.

“Paging Dr. Chickering” or Urgent Care for Copyright Fair Use After the TVEyes Trainwreck

[Peter Jaszi] Since February 27, 2018, when a panel of the Second Circuit Court of Appeals handed down a reversal in Fox News Network, LLC v. TVEyes, Inc. (Docket Nos. 15‐3885/86), there has been some speculation about how the decision may signal a “transformation of ‘transformative use’” in fair use jurisprudence. But while the outcome of the decision may or may not be sound, its peculiar method of decision is not.  The panel majority’s strong views about the equities skewed its analytic approach – yielding an outlier opinion rather than a reliable precedent.

EIFL’s Review of ‘Fairness’ in Partner Countries’ Copyright Laws

[Teresa Hackett] In celebration of Fair Use/Fair Dealing Week, EIFL has surveyed copyright laws in partner countries that reflect the concept of ‘fairness’ in the use of copyright protected material. Language on the fairness of permitted uses for purposes such as education, research, criticism or review can be found in the laws of over half of EIFL’s partner countries across 19 countries in Africa, Europe and Asia-Pacific, highlighting the important role of equity in access to information.

The Second Circuit’s Fair and Balanced Fair Use Decision in Fox News v. TVEyes

[Originally posted on the CCIA's DisCo Blog, Link] This week is Fair Use Week, so at first blush, the Second Circuit’s decision that TVEyes’s service was not a fair use might appear ironic. However, a closer read reveals that the decision does not in any way undermine the Second Circuit’s recent fair use jurisprudence. As DisCo has previously covered, TVEyes continuously records the audiovisual content of more than 1,400 television and radio channels, imports that content into a database, and enables its clients to view, archive, download, and email to others ten‐minute clips. Fox News sued TVEyes for copyright infringement. In 2014, the district court granted summary judgment to TVEyes. Fox appealed, and now the Second Circuit has reversed the decision below.

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

... Copyright and other intellectual property rights will continue to be included in bilateral and multilateral trade negotiations, such as in the continuation of the Trans-Pacific Partnership (now renamed “CPTPP” to stand for Comprehensive and Progressive Agreement for Trans-Pacific Partnership), the renegotiation of the North American Free Trade Agreement (NAFTA), and the talks on the Mercosur-EU trade agreement.  

A common theme across all these trade agreements is an increase in copyright protection, enforcement measures, and infringement penalties aimed to benefit incumbent industries and rights holders. What is usually missing? The necessary checks and balances that protect and defend the rights of users and the public interest to access, share, and re-use content in the public good.

Displacing the Dominance of the Three-Step Test: The Role of Global, Mandatory Fair Use

[Tanya Aplin and Lionel Bently] Abstract: Article 10(1) of the Berne Convention mandates a quotation exception that is broad in scope, one that is not limited by work, nor type of act, nor by purpose, and is only subject to the conditions in Article 10, namely, the work has been lawfully made available to the public, attribution, fair practice, and proportionality. We call this “global, mandatory fair use”. This overlooked norm in international copyright law is unaffected by and distinct from the three-step test and, as such, potentially dislodges its dominance. In turn, this creates different possibilities for how to conceive of and assess copyright exceptions at national level.

Fair Use Week 2018: Fair Use Promotes Creation of New Knowledge

Happy Fair Use/Fair Dealing Week 2018! I wanted to share ARL's 2018 infographic for Fair Use Week: Fair Use Promotes Creation of New Knowledge. You can also check out our previous fair use infographics here. There's tons of great resources and a list of some of this week's events on the Fair Use/Fair Dealing Week website: http://fairuseweek.org/.  

Study Examines Copyright Permissions Culture in Software Preservation, Implications for Cultural Record

A report released today, The Copyright Permissions Culture in Software Preservation and Its Implications for the Cultural Record, finds that individuals and institutions need clear guidance on the legality of archiving legacy software to ensure continued access to digital files of all kinds and to illuminate the history of technology. The first product of an Association of Research Libraries (ARL) project funded by the Alfred P. Sloan Foundation, the report is based on extensive research and interviews with software preservation experts and other stakeholders. This research will inform a Code of Best Practices in Fair Use for Software Preservation to be published in fall 2018, and to be supported by webinars, workshops, online discussions, and educational materials. The Code will advance the mission of memory institutions to safeguard the digital record and promote research that engages it.

My Comments to USTR for the 2018 Special 301 review

PIJIP’s research indicates that American firms operating overseas in industries that rely on copyright limitations enjoy better outcomes on average when our trading partners’ limitations are more open – defined as being open to the use of any type of work, by any user, or with a general exception that is open to any purpose subject to protections of the legitimate interests of right holders. Econometric research on both the activities of foreign affiliates of U.S. firms and service exports by U.S. firms illustrate this conclusion.  At the same time, firms in the more traditional “copyright sectors” (i.e. – music, movies, and printed media), do not seem to be negatively affected by greater balance and openness in copyright limitations.

Australian Copyright Law Reform Update: A Lot to Celebrate and a Lot to Look Forward To

2017 was the year that Copyright was a gift that kept on giving in Australia as a raft of new copyright laws and regulations were finally passed after many years of dogged advocacy by the Australian Education sector. As we all know Copyright law reform takes a very long time, and the process can be disheartening and toxic but with armed with compelling evidence and arguments and tenacity, it is possible to achieve great results. This is important to keep in mind in the EU and other jurisdictions currently undergoing copyright law reform reviews. See below for more details in relation to the recent 2017 changes and what copyright law reform has in store for 2018.

U.S., Canadian & Mexican Law Professors, Academics and Policy Experts: NAFTA Must Include Fair Use, Safe Harbors

Update – November 20: The statement of principles for copyright balance in trade agreements is now available in both English and French WASHINGTON – Today, over seventy international copyright law experts called for NAFTA and other trade negotiators to support a set…