Copyright: Reclaiming Fair Use

I get asked a lot of questions about copyright, and as a non-lawyer, I have to say that it’s not my strongest area of expertise. I went to a day event at the Institute for Historical Research on copyright whilst undertaking my PhD, and every other sentence was ‘this is guidance, check with the lawyer’ … The following text looks interesting, although largely for US audiences:

This lively book, Reclaiming Fair Use: How to Put Balance Back in Copyright, is designed to liberate people from the “Mind Forg’d Manacles” of copyright law. The authors – film and media scholar Patricia Aufderheide and professor of law and stalwart defender of the public interest Peter Jaszi – hope to help readers “understand how to think about and use copyright, and especially your right to use copyrighted material without permission or payment when you make a work – whether a blog entry, a song, a mashup, a poem, a documentary, a magazine article, a lesson plan, a scholarly archive, a slide show, a technical manual, a scrapbook, a collage, or a brochure”.

The broad and flexible defence of fair use was codified in the US copyright act in 1976. The defence provides that the use of copyright material for “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright”. This defence has also been applied in a wide range of cultural and technological contexts.

Read the full article, or buy the book.

Digital Copyright law will be ‘burdensome’

Universities say they already police compliance and infringements effectively. Matthew Reisz writes

Major concerns have been raised about the impact of the Digital Economy Bill on universities, which fear it is likely to result in a “bureaucratic burden and muddle”.

A central aim of the Bill, which is currently before the House of Lords, is to tackle online copyright infringement – something that Toby Bainton, secretary of the Society of College, National and University Libraries, said “everybody supports”.

However, there are fears that universities, which will be held responsible for the activities of their students, could be unduly affected by the proposals.

Mr Bainton said it appeared that “the position of higher education has not been clearly thought through”, adding that the sector “already has good systems in place that ought to be recognised and worked with”.”

Read full story.