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External Partners Alumni Search Submit Return to home Search Search About About Olin Home Why Olin Equity, Diversity & Inclusion Leadership & Strategy News & Media Events Contact Us Programs Programs Home Explore Our Programs BS in Business Administration MBAs Specialized Master's Doctoral Executive Education Dual Degrees Faculty & Research Faculty & Research Home Faculty Directory Research Research Centers Olin Brookings Commission Olin Award Student Resources Student Resources Home Career Services Center for Experiential Learning Entrepreneurship Academic Calendars Student Organizations For Current Students For Military Veterans Admissions Admissions Home Scholarships & Aid Attend Program Events Visit Olin Ask a Student Student Profiles Request Information Refer a Candidate External Partners Alumni Test your ‘fair use’ knowledge February 21, 2017 By Guest Blogger 3 minute read Home News Test your ‘fair use’ knowledge It&＃8217;s here: Fair Use Week. To be &＃8220;fair&＃8221; (sorry), given its role on campus, every week could lay claim to the name. But there&＃8217;s value in recognizing&＃8212;even celebrating&＃8212;the doctrine&＃8217;s role in the academic enterprise, and specifically, to our work at WashU Libraries. To learn more about Fair Use/Fair Dealing Week, visit&＃160;http://fairuseweek.org/. For a useful tool that may assist in a fair use assessment of your own, try&＃160;Thinking Through Fair Use&＃160;from the University of Minnesota Libraries. Link to the infographic at left. Guest Blogger:&＃160;Micah Zeller So in observance of the occasion, I write to share an example of how fair use is deployed productively in a project here at WashU. Last year, the Libraries received a $250,000 grant to digitize materials in the Walt Reed Illustration Archive.&＃160;Digitization is effective when its products are widely&＃160;disseminated. Funders are reluctant to support projects without justifiable legal and ethical grounds for users to access and re-use digital copies. This isn&＃8217;t a problem if the underlying content is from a single owner and donor, who by terms of transfer conveys title and interest to the University, which in turn can make the works and their surrogates broadly available. But the Walt Reed&＃160;collection&＃160;contains hundreds of thousands of magazine tear sheets, periodicals, and books. Illustration House&＃8212;the entity which collected the&＃160;content of the acquired Archive&＃8212;wasn&＃8217;t the copyright holder of all transferred materials.&＃160;And CLIR, for its part, isn&＃8217;t interested in giving big bucks to create thousands of images that sit on the shelf. So why is the project moving ahead? Because we rely on fair use. This isn&＃8217;t to say we waive a wand and the law&＃160;takes shape on our side. Applicants submit a description of&＃160;all known rights and access or legal restrictions relevant to the source materials. This allows reviewers to &＃8220;assess the degree to which a proposal reflects [a] commitment to supporting open, free, unrestricted access to digitized scholarly content.&＃8221; And to receive funding, all recipients must sign an IP agreement representing that use of the digitized materials won&＃8217;t infringe the copyright of any person or entity. This means we need well-reasoned belief that the project activities are non-infringing fair use. So how do we get there? First, the bad news: we don&＃8217;t know for sure whether a proposed use is fair use (only a federal district court can tell you that; and we don&＃8217;t want to be there). But we know it&＃8217;s a limited privilege to use materials in a reasonable manner without consent, that there are four factors we&＃8217;re required to apply, and that the statute favors purposes like&＃160;criticism, comment, news reporting, teaching, scholarship, and research. We also know fair use is persuasive in contexts where the underlying work by its nature was intended to be broadly disseminated, where its commercial value has faded, where its proposed reuse is for nonprofit educational purposes tied to critical analyses, and where difficulty in finding an entity authorized to grant permission demonstrates lack of an effective licensing market. Put simply, and in relation to the Walt Reed Archive, there&＃8217;s a great deal of fair use underlying scholarship on advertising and illustrations. And given the research value of the underlying materials, the lack of potential for harm to rightsholders, the institutional mission of the Libraries consistent with that of the University, and good-faith consideration of precedent and accepted community practices: the project team felt prepared to submit that the proposed activities were supported by fair use. Feeling good about fair use, of course, doesn&＃8217;t mitigate all issues. There may be privacy, publicity, or personality rights to assess, along with a range of potential ethical concerns, including culturally or religiously sensitive content, or confidential information. But in the case of the Walt Reed Illustration Archive project, we wouldn&＃8217;t&＃160;be where we are without the essential doctrine of fair use. About the Author Guest Blogger From time to time we have professors, students, staff, alumni, or friends who are not regular contributors, but want to share something with the community. Be sure to look at the bottom of the post to see the author. Contact Us For assistance in finding faculty experts, please contact Washington University Public Affairs. Monday&＃8211;Friday, 8:30 to 5 p.m. Sara Savat, Senior News Director, Business and Social [email protected] &＃160; Kurt Greenbaum,Communications [email protected] Twitter: WUSTLnews Share article Apply Now Visit Us Request Info One Brookings Drive, St. Louis, MO 63130-4899 [email protected] 314-935-7301 News & Media Events Faculty Directory WashU Center for Career Engagement Washington University home Olin Links Sitemap Privacy Policies Title IX Accessibility ©2024 Washington University in St. Louis