Where Do We Go From Here? Fair Use After Georgia State Will Cross TRLN Annual Meeting July 13, 2012

Fair Use in General

Georgia State Lawsuit

Fair Use Framework Purpose and Character: strongly favors nonprofit, educational use Nature of Original: favors use of non-fiction Amount & Substantiality: favors use of 10%/one chapter Market Harm: favors user unless there is a readily available license for digital excerpts

Georgia State - Takeaway GSU wins on 94 of 99 items De Minimus Non Curat Lex Not binding: persuasive authority only Very likely to be appealed

Code of Best Practices

Code - Application 1. E-Reserves 2. Exhibitions 3. Digital Preservation 4. Digital Archives 5. Accessibility 6. IRs 7. Data-Mining 8. Online Materials Principle: It is fair use to make appropriately tailored, course-related content available to enrolled students via digital networks Limitations: time-limited, eligible students, pedagogical purpose, attribution Enhancements: Written description of educational purpose, regular review and updating

Code - Takeaway Community-based, not legal assurance: where community norms track reasonably well with legal considerations, they are often considered relevant by courts Designed to help you walk through the issues

Choosing a Path Alice came to a fork in the road and saw a Cheshire cat in a tree. Which road do I take? she asked. Where do you want to go? was his response. I don't know, Alice answered. Then, said the cat, it doesn't matter.