Fair Use & Other Exceptions
Brewer, M., & ALA Office for Information Technology Policy. (2008). Educational exemptions in the U.S. copyright code [Evaluation tool]. Retrieved from http://librarycopyright.net/resources/exemptions/index.php
- Interactive tool designed to help determine if an intended educational use meets the requirements for an exception under Section 110 of the copyright code.
- The tool can also generate a PDF with the details of the educational use for documentation.
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Brewer, M., & ALA Office for Information Technology Policy. (2008). Fair use evaluator [Evaluation tool]. Retrieved from http://librarycopyright.net/resources/fairuse/index.php
- Interactive tool providing assistance in determining the fairness of a specific use under Section 107 of the copyright code.
- The tool can also generate a PDF with the details of the use to document the fair-use analysis.
- Also contains an educational section about the four factors of fair use.
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Brewer, M., & ALA Office for Information Technology Policy. (2010). Section 108 spinner [Evaluation tool]. Retrieved from http://librarycopyright.net/resources/spinner/index.html
- Interactive tool that helps library staff determine if a specific reproduction request/task is allowable under Section 108 of the copyright code.
- The tool can also generate a PDF with the details used to support use of the exception.
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Hirtle, P. B., Hudson, E., & Kenyon, A. T. (2009). Copyright & cultural institutions: Guidelines for digitization for U.S. libraries, archives, & museums. Retrieved from https://ecommons.cornell.edu/bitstream/handle/1813/14142/Hirtle-Copyright_final_RGB_lowres-cover1.pdf
- Chapters 5-6 discuss exceptions to the exclusive rights of copyright holders, with particular focus on fair use (Section 107) and exemptions for libraries and educational institutions (Section 108/110).
- Table 5.1 (p. 88-89) lists and describes some of the other major exemptions in the Copyright Act, such as the First Sale Doctrine and those for computer programs.
- Table 6.1 (p. 108) provides an overview of specific exemptions for libraries.
- Flowchart 6.1 (p. 110) takes readers through a series of questions to help determine if digitization of an item is allowable under library and archive provisions of the law.
- Flowchart 6.2 (p. 117) takes readers through a series of questions to help determine if a patron request for reproduction is allowable under Section 108.
- Section 6.8 (p. 127-128) provides a checklist to help determine if a library is eligable for Section 108 exemptions and whether an item is permitted to be digitized.
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Minow, M. (2003). How I learned to love FAIR USE… [Blog post]. Retrieved from https://fairuse.stanford.edu/2003/07/06/how_i_learned_to_love_fair_use/
- Discusses how a good understanding of fair use could reduce a library's liablity for unintentional copyright infringment.
- Describes the four factors of fair use and how to apply them in a library setting.
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Stim, R. (2010). Summaries of fair use cases. Retrieved from https://fairuse.stanford.edu/overview/fair-use/cases/
- Provides summaries of the outcomes of real court cases involving fair use determinations.
- Cases are grouped into categories, such as text, artwork, internet, and music.
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U.S. Copyright Office, Library of Congress. (2016). Copyright law of the United States and related laws contained in Title 17 of the United States Code. Retrieved from https://www.copyright.gov/title17/
- Contains the actual text of U.S. copyright law, including the Copyright Act of 1976 and subsequent amendments through June 2016.
- The texts of Section 107, Section 108, and Section 110 are contained in the first chapter on the subject matter and scope of copyright.
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U.S. Copyright Office, Library of Congress. (2018). U.S. Copyright Office Fair use index [Searchable database]. Retrieved from https://www.copyright.gov/fair-use/fair-index.html
- A searchable database of many (not all) judicial decisions and court opinions to help the public understand the types of uses that were previously deemed fair or not fair.
- Users can search by jurisdiction and/or category (e.g., music, computer program, parody).
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University of Minnesota Libraries. (n.d.) Thinking through fair use [Evaluation tool]. Retrieved from https://www.lib.umn.edu/copyright/fairthoughts
- A structured checklist used to assist in conducting a fair use assessment.
- Covers the four factors of fair use (i.e., purpose, nature, amount, effect).
- Can generate a report of the assessment results that may optionally be sent to an email address.