A Fresh Look at the Fair Use Checklist

March 23, 2012

The following essay is scheduled for publication in:
The Copyright & New Media Law Newsletter, Issue 1, 2012 Volume.
For more information, see: http://www.copyrightlaws.com/the-copyright-new-media-law-newsletter/
 
A Fresh Look at the Fair Use Checklist
By Kenneth D. Crews
This work is licensed under the Creative Commons, Attribution-NonCommercial-ShareAlike 3.0 United States License.
The meaning of fair use in American copyright law has been [...]

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Preparing for Your Copyright Final Exam

December 8, 2011

Of all the labels I might receive, the professional title I like best is “educator.” One of my goals in developing the website of the Copyright Advisory Office is to educate readers about copyright. I come from the school of thought that if you teach someone well, they will be equipped for the next challenge. [...]

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HathiTrust and the Litigation Path

October 3, 2011

When parties file a lawsuit and send their case into the court system, predictions are almost always wrong, if not reckless.  Yet litigation is a matter of strategic planning that demands predictions.  Predictions are also a tempting parlor game, so let’s indulge a bit. 
Earlier this month, The Author’s Guild and several individually named authors [...]

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Authors, Copyright, and HathiTrust

September 13, 2011

On September 12 of this year The Authors Guild, Inc. and other societies and individual authors filed a copyright infringement lawsuit against HathiTrust and five universities over making, storing, and providing access to scans of digital books.  HathiTrust may be well known among library professionals, but this lawsuit is certain to draw considerable new attention [...]

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Copyright in the 1990s: Nostalgia or Foundational?

July 1, 2011

It was long, long ago in a land far away.  It was California in the 1990s—a peaceful time.  Boots were in fashion, and Ace Ventura seemed funny.  Silicon Valley was a housing development, email was on a green screen, and a wonderful splash of color hit our computers with the magic of “Mosaic.”  Seemingly few [...]

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Copyright, Museums, and Licensing of Art Images

June 27, 2011

This year I completed a study of museum policies and licenses funded by The Samuel H. Kress Foundation.  My work in the issues of copyright ownership, policy options, and appropriate use of art images continues, but in the meantime I am pleased to provide this consolidated list of papers that are the result of the [...]

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Copyright Q&A: Including Photographs in a Book

June 24, 2011

I am in the process of writing a book for publication by XYZ University Press.  My book is about art and architecture, and I want to include a variety of photographs in the book from different sources.  Can you help me work through the copyright issues?
I frequently get questions such as this one, and I [...]

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Copyright Q&A: Movies in the Dormitory

May 2, 2011

A previous question about showing motion pictures in the classroom and as part of an educational film series stirred an earlier follow-up from readers.  Here is a second question:
I have read your general guidance about when I can show movies in the classroom.  My question is about showing films in university dormitories.  I am assuming [...]

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Copyright Q&A: Films, Performances, and “Educational Prices”

April 26, 2011

In a previous question, we explored the ability to show motion pictures in the classroom and as part of an educational film series sponsored by, for example, the French Department at a university.  That question stirred a few follow-ups from readers.  Here is the first:
Our library purchases many motion pictures and other audiovisual works, typically [...]

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Copyright Q&A: Do I Own My Dissertation?

April 14, 2011

I recently completed my doctoral dissertation, and I am now planning to publish it with a well-established publisher.  The publisher asked if I can verify whether I own the copyright in the dissertation.  Do I still own the copyright, even if my dissertation is available through ProQuest or is on my university’s digital repository?
In general, [...]

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