Fair use higher ed

FAIRUSEIN TEACHING& LIBRARIES:THEBESTPRACTICESMODEL Pat Aufderheide Center for Social Media American University

This is not about rules, but about reasoning; no shortcuts

It’s not about Sec. 110, educational exemptions or Sec. 108, library exemptions,[object Object]

What you can borrow from them;

And what librarians are doing to help you further.,[object Object]

Five years of work with Washington College of Law

Funded by MacArthur, Rockefeller, and Ford Foundations

Co-principal investigator: Prof. Peter Jaszi (pjaszi@wcl.american.edu) ,[object Object]

ONE PURPOSE : TOPROMOTETHE CREATION OF CULTURE

Encouraging new makers to use existing culture,[object Object]

The First Amendment (no censorship),[object Object]

HOW WE FORGOT BALANCE: ,[object Object]

Punishing penalties (statutory damages)

Large content holders’ aggressive tactics,[object Object]

DECADESOF MISINFORMATION ,[object Object]

Corporate mis-education of users

Tyranny of self-appointed experts ,[object Object]

Supreme Court upholds term extension because fair use exists

Fair use judicial interpretation has greatly shifted in last 15 years,[object Object]

THE “FOUR FACTORS” ,[object Object]

Effect on the market ,[object Object]

AND, IN THE LAST 15 YEARS… Judges focus on ,[object Object]

Amount related to transformative purpose,[object Object]

Did you use the appropriate amount to satisfy the transformative use?,[object Object]

Will my boss/general counsel client get angry? ,[object Object]

Articulation of consensus around fair use ,[object Object]

OpenCourseWare,[object Object]

All insurers of errors and omissions insurance now accept fair use claims

Lawyers use the Statement to build their practices,[object Object]

MEDIA LITERACY CATEGORIES ,[object Object]

Using copyrighted material in curriculum materials

Circulating curriculum materials with copyrighted material in them

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