Fair Use Challenges in Academic and Research Libraries

Abstract

This report summarizes research into the current application of fair use to meet the missions of U.S. academic and research libraries. Sixty-five librarians were interviewed confidentially by telephone for around one hour each. They were asked about their employment of fair use in five key areas of practice: support for teaching and learning, support for scholarship, preservation, exhibition and public outreach, and serving disabled communities. Interviewees reported a strong commitment to obeying copyright law; rarely concerned about their own liability, librarians primarily felt responsible for ensuring their institutions were in compliance with the law. Practice varied considerably, from a rigid permissions culture to ample employment of fair use.

The impact of copyright permissions culture on the US visual arts community: The consequences of fear of fair use

“…This gap is being filled now. Since 2004, studies have been conducted, among others, with filmmakers, media literacy teachers, film and communication professors, as well as librarians (Ad Hoc Committee on Fair Use and Academic Freedom, 2010; Adler et al, 2010; Aufderheide, 2007; Aufderheide and Jaszi, 2004, 2007, 2011). These studies have substantially solidified conclusions drawn by legal scholars and cultural studies scholars from legal theory, historical analysis, and anecdote.…”

Copyright Instruction in LIS Programs: Report of a Survey of Standards in the U.S.A.

“…If, as Charbonneau and Prieh found, only 49% of these experts felt confident in their ability to answer the questions assigned them (2014), they might fall into the same use of restrictive guidelines and risk management that Adler, Butler, Aufderheide, & Jaszi pinpointed as impairing "the accomplishment of the academic and research libraries' mission" (2010, p1). In addition to the administrative support of academic and research librarians making decisions on copyright called for by Adler, Butler, Aufderheide, & Jaszi (2010), information school graduates need to have been provided a solid grounding in information law before graduation (Gathegi and Burke, 2008). This is especially important for the large number of respondents whose work straddled departments or who retained positions as the only librarian at a small institution, where on the job training could be even more scarce.…”

The Role of Copyright in Selection for Digitization

“…Consequently, librarians selected only the "safe" materials that did not necessarily serve researchers' needs, or they postponed digitization projects altogether. 6 The majority of materials available through the Europeana.eu portal (which brings together digitized content from 1,500 European museums, archives, and libraries) is in the public domain, which suggests that the participating institutions concentrated their first digitization efforts on materials for which copyright is not an issue. 7 Some studies of institutions have attempted to obtain the necessary permissions to digitize materials in which third parties own the copyright.…”