ISSUE RESOURCES

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FAIR USE EDUCATION

1. INTRODUCTION and DISCUSSION

2. PROPOSED CONFU GUIDELINES WITH COMMENTARIES

3. RESPONSES TO "FINAL" CONFU MEETING (May 19, 1997)
(includes Links to all Responses to CONFU Guidelines)

4. FAIR USE TOWN MEETINGS & OTHER EVENTS

5. BACKGROUND RESOURCES

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1. INTRODUCTION AND DISCUSSION

 

INTRODUCTION TO FAIR USE: a Compilation of the following hyperlinked paragraphs:

• What are the Goals of this Introduction
  
• What is Copyright?
  
• What is Fair Use?
  
• What are the Four Factors?
  
• What are some Landmark Court Cases?
  
• Why is Fair Use suddenly so important on the Internet?
  
• What is the Conference on Fair Use?
  
• What is the Relationship between Fair Use Guidelines and Legislation?
  
• What Happens Next?

   

Still a very good introduction to Fair Use, the Conference on Fair Use and the issues raised in taking copyright law into a digital future is a paper delivered in February 1996 by Douglas Bennett, Vice President, American Council of Learned Societies, to The National Federation of Abstracting and Information Services, in Philadelphia:

• FAIR USE IN DIGITAL ENVIRONMENTS: The Work of the Conference on Fair Use Douglas Bennett, February 1996
  
  
• "WILL WE NEED FAIR USE IN THE 21st CENTURY?" Georgia Harper, General Counsel, University of Texas
  
  
• THE CONFERENCE ON FAIR USE: FINAL REPORT Peter Fowler, CONFU Executive Secretary, November 1998
  

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  2. PROPOSED GUIDELINES WITH COMMENTARIES

  • COMMENTARIES ON SPECIFIC GUIDELINES:
    • Digital Images
    • Distance Learning
    • Multimedia

       

  • GENERAL COMMENTARIES & STATEMENTS ON ALL GUIDELINES.

     

  GUIDELINES

  Below are the texts of the three sets of proposed guidelines (for Digital Images, Distance Learning and Educational Multimedia) presented to the Conference on Fair Use, which met on May 19, 1997. Comments on the guidelines were due to Peter Fowler, executive secretary of CONFU, by June 30, 1997 (fax to: 703/305-8885). Together with the guidelines are the texts of formal endorsements or other commentaries on the guidelines by constituent institutions.

• Proposal for Fair Use Guidelines for DIGITAL IMAGES December 3, 1996

  ENDORSEMENTS WITH STATEMENTS

  • SPECIAL LIBRARIES ASSOCIATION, February 5, 1997
  • AMERICAN ASSOCIATION OF MUSEUMS, May 19, 1997

     

  NON-ENDORSEMENTS WITH STATEMENTS

  • ASSOCIATION OF RESEARCH LIBRARIES
    Summary of Concerns April 30, 1997
    
    
  • AMERICAN COUNCIL OF LEARNED SOCIETIES (see below) May 1, 1997
    
    
  • ARLIS/NA :
    Public Policy Committee Report & Recommendation March 18, 1997
    
    COLLEGE ART ASSOCIATION
  • Statement Regarding Fair Use. May 9, 1997
  • CONFU Proceedings, Susan Ball, CAA Newsletter, Jan/Feb, 1997
  • Statement (including "Summary of Objections") November 25, 1996
    
    SOCIETY OF AMERICAN ARCHIVISTS
  • Response, November 12, 1996
    
    VISUAL RESOURCES ASSOCIATION
  • VRA Votes Not to Endorse, February 17, 1997
  • A Review of the Conference on Fair Use and Proposed Guidelines February, 1997
  • Position Statement November 22, 1996

    
    

• Proposal for Fair Use Guidelines for DISTANCE LEARNING November 26, 1996
  
  ENDORSEMENTS WITH STATEMENTS
  
  
  • AMERICAN COUNCIL OF LEARNED SOCIETIES (see below) May 1, 1997
    

  NON-ENDORSEMENTS WITH STATEMENTS

  • ASSOCIATION OF RESEARCH LIBRARIES
    Summary of Concerns April 30, 1997
    
    
  • VISUAL RESOURCES ASSOCIATION (see below) April 24, 1997

    
    

• Proposal for Fair Use Guidelines for EDUCATIONAL MULTIMEDIA
  

  COMMENTARIES & POSITIONS

  • INSTRUCTIONAL TELECOMMUNICATIONS COUNCIL
    Background & Summary of Guidelines
    
    

  NON-ENDORSEMENTS WITH STATEMENTS

  • ASSOCIATION OF RESEARCH LIBRARIES
    Summary of Concerns February 6, 1997; revised April 30, 1997
    
    
  • VISUAL RESOURCES ASSOCIATION (see below) April 24, 1997
    
    
  • AMERICAN COUNCIL OF LEARNED SOCIETIES (see below) May 1, 1997
    
    

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• Statement on Use of Copyrighted Computer Programs (Software) in Libraries--Scenarios: After the development of these scenarios, clearly illustrating the general rules and how particular uses of computer program software in libraries either complied with or violated the Copyright Act, this statement was adopted on September 6, 1996 in lieu of Guidelines

   

  GENERAL COMMENTARIES

• COLLEGE ART ASSOCIATION
  STATEMENT REGARDING FAIR USE: RECOMMENDED ACTION
  May 9, 1997
  
  
• ASSOCIATION OF RESEARCH LIBRARIES
  LETTER DESCRIBING ARL CONCERNS WITH PROPOSED GUIDELINES
  May 7, 1997
  
  
• AMERICAN COUNCIL OF LEARNED SOCIETIES
  STATEMENT ON FAIR USE AND CONFU
  May 1, 1997
  
  
• AMERICAN HISTORICAL ASSOCIATION
  LETTER AGAINST ENDORSEMENT
  April 17, 1997
  
  
• VISUAL RESOURCES ASSOCIATION
  Open Letter from President of VRA; Letter of Recommendation Against Endorsement
  
  
• AMERICAN LIBRARY ASSOCIATION:
  POSITION ON FAIR USE GUIDELINES IN A DIGITAL INFORMATION ENVIRONMENT
  Jan. 3, 1997
  
  
• INTERNATIONAL FEDERATION OF LIBRARY ASSOCIATIONS & INSTITUTIONS (IFLA):
  POSITION PAPER ON COPYRIGHT IN THE ELECTRONIC ENVIRONMENT
  October 1996
  
  
• Carol Risher, Association of American Publishers, "LIBRARIES & THE ELECTRONIC ENVIRONMENT"

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  3. RESPONSES TO "FINAL" CONFU MEETING (May 19, 1997)
  

  • Peter Fowler's "Final" CONFU Report, (9/30): REPORT TO THE COMMISSIONER ON THE CONCLUSION OF THE FIRST PHASE OF THE CONFERENCE ON FAIR USE
    
    
  • NINCH NEWS BRIEF ON "FINAL" CONFU MEETING (includes Links to all Responses to CONFU Guidelines)
    
    
  • JOINT STATEMENT BY LIBRARIES & OTHER CULTURAL ORGANIZATIONS
    
    
  • VISUAL RESOURCES ASSOCIATION'S REPORT ON THE FINAL MEETING OF THE CONFERENCE ON FAIR USE

   

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  4. EVENTS

  This section will list Fair Use Education events, focusing especially on a series of Town Meetings organized by the American Council of Learned Societies, the College Art Association and NINCH, with financial assistance from the Kress Foundation. These Town Meetings will be held between February 1997 and February 1998 across the country (and into Canada). The function of the meetings is to highlight the CONFU proposed guidelines and their implications for teaching, research, curatorial and scholarly publication, and artistic production and exhibition with digital images, as well as to elicit responses from the community.

  A FINAL REPORT is now available, as well as an interpretive treatment of Themes in the Town Meetings is also available. (7/27/98)
  

• TOWN MEETING: FAIR USE OF DIGITAL IMAGES:
  Sunday Feb. 16th, 1997, Cooper Union, New York City.
  
  
• TOWN MEETING: FAIR USE, EDUCATION & LIBRARIES:
  Friday April 4, 1997, The Indiana University Institute for the Study of Intellectual Property and Education, IUPUI, Indianapolis.
  • Paper: Christine Sundt, "The CONFU Digital Image and Multimedia Guidelines: The Consequences for Libraries and Educators."
    
    
• TOWN MEETING: FAIR USE OF DIGITAL IMAGES
  Sunday April 27, 1997. American Association of Museums Conference, Atlanta, GA.
  • Notes from Meeting
    
    
• INTELLECTUAL PROPERTY IN THE DIGITAL AGE: PARTICIPANTS' PERSPECTIVES ON THE W.I.P.O. DIPLOMATIC CONFERENCE.
  Friday May 2, 1997. American University, Washington D.C. $200 (Special $50 registration for nonprofit DFC/NINCH affiliates)
  
  
• INTELLECTUAL PROPERTY, COPYRIGHT LAW AND FAIR USE DOCTRINE: Issues in Electronic Storage and Dissemination of Information: An Interdisciplinary Symposium."
  Friday May 9, 1997. 9:30-4pm. The Wexner Center for the Arts, Ohio State University, Columbus, Ohio. Speakers include Peter Fowler, executive secretary, CONFU.
  
  
• A LICENSE TO KILL? COPYRIGHT OWNERSHIP AND FAIR USE IN AN AGE OF LICENSING
  Saturday May 10, 1997. An all-day conference at University of California, Berkeley. $65
  
  
• ACCESS & EXCELLENCE: COPYRIGHT & THE STRUGGLE FOR FAIR USE
  Friday May 16, 1997. An all-day symposium at Baruch College, New York. Sponsored by the Library Association of the City University of New York. $25
  
  
• TOWN MEETING: "COPYRIGHT LAW IN THE DIGITAL WORLD: FAIR USE, EDUCATION AND LIBRARIES AFTER CONFU
  September 26-28, 1997. Reed College, Portland, OR
  
  
• TOWN MEETING: "COPYRIGHT & FAIR USE IN THE DIGITAL WORLD: VIEWS FROM THE WORLDS OF SCHOLARSHIP, PUBLISHING AND MUSEUMS
  February 26, 1998. CAA Conference, Toronto. February 1998. Details to be announced

   

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  BACKGROUND RESOURCES

  A. PRACTICAL GUIDES

• COPYRIGHT RESOURCES ONLINE: Yale University's collection of resources for faculty, staff, and students at colleges and universities about copyright: copying and academic IP policies, as well as FAQs that will be useful for photocopying, electronic copying, classroom copying,and other academic applications.
  
  
• FAIR USE OF COPYRIGHTED WORKS: A Crucial Element in Educating America.
  A practical guide to Fair Use in Higher Education, with a particularly useful Overview (including treatment of the "four-factor analysis" and examples of fair-use legal cases) and helpful "Illustrative Scenarios". Published by the Consortium for Educational Technology for University Systems, a project of California State University, the State University of New York and the City University of New York.

  B. BIBLIOGRAPHY: The Fair Use Debate

• "Copyright & Fair Use: The Great Image Debate:" Announcement of a Special Double Issue of Visual Resources, guest edited by Robert Baron.
  
  
• Copyright & Fair Use Articles
  Useful set of articles compiled by the Stanford Copyright and Fair Use Web Site

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