Fair use

NARROWER TERMS
Report

Modern interlibrary loan practices: moving beyond the CONTU guidelines

The purpose of this white paper is to provide background and guidance to Association of Research Libraries (ARL) member libraries in the United States that wish to reconsider interlibrary loan (ILL) policies and practices concerning the Commission on New Technological Uses of Copyrighted Works (CONTU)...
Journal article

Decoding academic fair use: transformative use and the fair use doctrine in scholarship

This article analyses reported federal cases on fair use in scholarly contexts, with a particular emphasis on the transformative use doctrine that has become enormously influential in fair use determinations.
Guide

Code of best practices in Fair Use for software preservation

This publication provides librarians, archivists, curators, and others who work to preserve software, with a tool to guide their reasoning about when and how to employ fair use—the legal doctrine that allows many value-added uses of copyrighted materials—in the most common situations they currently face.
Briefing paper

Using fair use to preserve and share disappearing government information: issue brief

Access to government information is a fundamental principle in a democratic society. Particularly in the digital environment, government information is a driver for economic and social progress, as well as a predicate for an informed citizenry.
Commentary

How copyright law is holding back Australian creators

Australian creators struggle to understand copyright law and how to manage it for their own projects. Indeed, a new study has found copyright law can act as a deterrent to creation, rather than an incentive for it.
Report

Imagination foregone: a qualitative study of the reuse practices of Australian creators

This study looks at how a sample of Australian creators understand, use and manage copyright law when they want to incorporate copyrighted material into their work. It focuses particularly on creators’ licensing practices and their employment of copyright exceptions (fair dealing).
Report

Fair use in the U.S economy: economic contribution of industries relying on fair use (2017)

This report examines the U.S. economic contribution of industries relying on fair use and related legal provisions.
Conference paper

Dealing with copyright long after it has exhausted you ... proposing a copyright risk management framework for Australian libraries

Copyright is involved in just about every service provided by Australian libraries. The copyright implications of some services, such as document delivery and inter-library loan, are relatively well defined under the Copyright Act and libraries have established national practices. Other services expected by the public...
Briefing paper

Second Circuit Court of Appeals affirms fair use in Google Books case: issue brief

On October 16, 2015, the US Court of Appeals for the Second Circuit unanimously affirmed the lower court's fair use decision in Author's Guild v. Google, also known as the 'Google Books' case. Google, through its Library Project, made digital copies of tens of millions...
Journal article

EU and US perspectives on fair dealing for the purpose of parody or satire

This article concerns the interpretation of the defence of fair dealing ‘for the purpose of parody or satire’, a defence that was added to the Australian Copyright Act 1968 (Cth) in 2006. The Copyright Act 1968 (Cth) provides no definition of ‘parody or satire’; no...