The document discusses fair use and copyright for research librarians. It provides an overview of copyright, explaining that fair use allows for unauthorized use of copyrighted works under certain circumstances. It then outlines a Code of Best Practices in Fair Use for Academic and Research Libraries created by librarians to provide guidance on applying fair use principles in eight common library situations, with each use having accompanying limitations and enhancements. The Code aims to help librarians navigate copyright issues in ways that enable their mission while managing legal risks.

1. Pat Aufderheide Brandon Butler Peter Jaszi FAIR USE AND RESEARCH LIBRARIANS

3. THE PURPOSE OF COPYRIGHT

4. ONE PURPOSE : TO PROMOTE THE CREATION OF CULTURE

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

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

12. BEST PRACTICES CODES

14. DOCUMENTARY CODE

16. FILM SCHOLARS

17. MEDIA LITERACY TEACHERS

18. DANCE ARCHIVISTS

19. OPEN COURSEWARE

21. WHY FAIR USE MATTERS TO LIBRARIANS

24. The Code of Best Practices in Fair Use for Academic and Research Libraries

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

27. Fair Use Applies in 8 Common Situations

28. ONE: Digital access to teaching materials for students and profs … with limitations ! … and enhancements, too.

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

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

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

32. And now…. Back to our countdown.

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

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

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

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

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

38. FAIR USE : Practice Makes Practice

39. MORE INFORMATION 09/30/09

41. 09/30/09

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

43. THANK YOU! Andrew W. Mellon Foundation Research librarians everywhere

44. CONTACT INFO Pat Aufderheide [email_address] Brandon Butler [email_address] Peter Jaszi [email_address]