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.
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.
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.
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.
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).
This report examines the U.S. economic contribution of industries relying on fair use and related legal provisions.
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...
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...
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...
The visual arts communities of practice share a common problem in their confusion about and misunderstanding of the nature of copyright law and the availability of fair use. Their work is constrained and censored, most powerfully by themselves, because of that confusion and the resulting...