This document summarizes the purpose of copyright and fair use, and discusses the Code of Best Practices in Fair Use for Academic and Research Libraries. It outlines that copyright aims to promote culture by rewarding creators, while fair use allows unauthorized use of copyrighted works under certain circumstances. The Code was created by librarians to provide guidance on applying fair use in eight common library situations, such as using materials for teaching, exhibits, and digital collections, while noting applicable limitations and enhancements. The goal is to help librarians apply fair use principles in their work.

1. Brandon Butler Patricia Aufderheide FAIR USE AND RESEARCH LIBRARIANS February 16, 2012

3. THE PURPOSE OF COPYRIGHT

4. ONE PURPOSE : TO PROMOTE THE CREATION OF CULTURE

6. BIGGEST BALANCING FEATURE: FAIR USE legal, unauthorized use of copyrighted material−under some circumstances

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12. PLUS… Custom and practice of individual creative communities… ...especially when well-documented

13. BEST PRACTICES CODES

15. DOCUMENTARY CODE

18. WHY FAIR USE MATTERS TO LIBRARIANS

21. THE CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES

22. CREATED BY LIBRARIANS Deep deliberation by 90 librarians from 64 inst’ns in nine 4-hour discussions. Review by diverse panel of legal experts.

24. Fair Use Applies in 8 Common Situations

25. ONE: Digital access to teaching materials for students and profs -limitations ! -enhancements

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27. TWO: Exhibits, both physical & virtual … with limitations … and enhancements!

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29. THREE: Digitizing to preserve at-risk items … when you can’t buy it (plus more limitations & enhancements).

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31. NOTICING A TREND? Yup. All those limitations and enhancements mean you will need to read the Code with care.

32. FOUR: Digital collections of archives and special collections (+ limitations and enhancements)

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34. FIVE: Access to research and teaching materials for disabled users (+ limitations and enhancements)

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36. SIX: Institutional repositories, e.g., dissertations, multimedia research (+ limitations and enhancements)

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38. SEVEN: Create digital databases for “non-consumptive uses” (digitizing, indexing for search) (+ limitations and enhancements, of course)

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40. EIGHT: Making topically-based collections of Web-based material (+ limitations and enhancements)

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42. FAIR USE : Practice Makes Practice

43. MORE INFORMATION

46. Please feel free to share this presentation in its entirety. For excerpting, kindly employ the principles of fair use.

47. THANK YOU! The Andrew W. Mellon Foundation Research librarians everywhere

48. CONTACT INFO Brandon Butler [email_address] Peter Jaszi [email_address] Patricia Aufderheide [email_address]