The Association of Research Libraries (ARL) has announced the release of Fair Use Challenges in Academic and Research Libraries, a report that summarises research into the current application of fair use and other copyright exemptions to meet the missions of the US academic and research libraries. 'Fair Use Challenges in Academic and Research Libraries' is part of a three-stage project funded by The Andrew W. Mellon Foundation, with the goal of developing and promoting a code of best practices in fair use for research libraries.
The research was conducted in partnership with the Center for Social Media and the Program on Information Justice and Intellectual Property at American University. In dozens of interviews with veteran research and academic librarians, the researchers learned how copyright law comes into play as interviewees performed core library functions. These included facilitating student access to learning materials on e-reserves and course websites; providing scholars access to research materials, whether by digitising existing collections or by providing physical access to special collections and archives; preserving research materials for future scholars and the public, and creating useable copies of frail materials for contemporary use; exhibiting material from collections, whether online or in physical space; and making library materials accessible for the disabled.
The interviews revealed that fair use is an essential component of copyright exemptions for libraries as they engage in these activities. Some librarians had arrived at a view of fair use that helped them balance library mission and copyright law with confidence, but many had not. While actual practices vary widely, many research and academic librarians faced common problems such as failure to take full advantage of fair use and other copyright limitations and exceptions, and perception of unnecessary conflict between their firm commitment to library mission and their conscientious respect for copyright law.
In addition to greater institutional support and a clearer knowledge of other copyright limitations and exceptions, academic and research librarians would benefit significantly from developing a consensus around a code of best practice in fair use tailored to the needs of their field, the report noted. Other communities of practice, such as documentary filmmakers and media literacy teachers, have done this, and their fields have benefited.
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