Meredith Jacob – American University Washington College of Law Creating the Best Practices in Fair Use of Collections Containing Orphan Works for Libraries, Archives, and Other Memory Institutions Meredith Jacob – American University Washington College of Law June 23, 2017

The Best Practices Process STEP 0 - Jennifer Urban, How Fair Use Can Help Solve the Orphan Works Problem STEP 1 - Report on the state of the field (identify the field of practice) STEP 2 - Creation of scenarios STEP 3 - Conduct workshops STEP 5 - Write! STEP 6 - Legal Review STEP 7 - Dissemination STEP 8 - Use → Dave Hansen

Best Practices in Fair Use Digitization for preservation without consideration of orphanness (BUT!) Providing access (including online public access) is the mission of memory institutions 1. Acquisition 2. Clearances 3. Selective Exclusions from Access 4. Curation 5. Conditions on Availability 6. Dialogue with the Public 7. Providing Copies to Members of the Public