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Description

Imagine if all creators had to wait for a copyrighted work to be in the public domain before they quoted that work? Or if users always had to seek permission, and that permission could be denied with no recourse? Copyright law’s fair use doctrine provides flexibility in the copyright system, allowing use of copyrighted materials during the copyright term without permission from the copyright owner.

The famous fair use four factors outline the ambit of this right, but there is still uncertainty about how to apply the factors in practice. This uncertainty often leaves cultural institutions with policies that are either overly restrictive, limiting patron services and discouraging new creations, or overly permissive, potentially subjecting the organization to liability.

This class aims to dispel the myths surrounding fair use and empower, enhance, and increase attendees’ confidence when handling the wide array of fair use focused questions and policies.


Learning Outcomes

At the end of the session, participants should be able to:

  • Understand the importance of fair use as it applies to work inside cultural institutions, and the work that is developed by our community of researchers, patrons, and other users.
  • Conceptualize “answering” the most common fair use questions using the structure of the statute and interpretive case law
  • Develop fair use education, including myth-busting common fair use misunderstandings, that can reduce risk at an institution

Access

Access to the recording of the class delivered live on 3/10/21 is available to LYRASIS Learning subscribers in the Learning Library and through partnerships with advisory group members, instructors, and other copyright education programs.  

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