Anne Arriaga's List: Fair Use

• hat a period for review and endorsement of the proposals for guidelines be established, ending May 19, 1997, during which time the working groups and Steering Committee shall continue in existence.
• 5. That the Final Report be submitted to Congress by the Working Group on Intellectual Property Rights at an appropriate time as part of legislative history, so that it can be referenced in connection with the Copyright Act provisions on fair use.

• A widely circulated strategy to avoid the cost of copyright registration is  referred to as the "poor man's copyright." It proposes that  the creator send the work to himself in a sealed envelope by registered mail,  using the postmark to establish the  date. This technique has not been recognized in any published opinions of the  United States courts. The United States Copyright Office makes clear that the  technique is no substitute for actual registration.^[8] In fact, in the  United States if you do not have a federal registration you are unable to  enforce your copyrights.^[9] This is because a  copyright lawsuit can only be brought in federal court in the U.S. and you may  not bring an action without a federally registered copyright. ^[10] The United Kingdom  Intellectual Property Office discusses the technique but does not recommend its  use.^[11

  • dfkdfod

• • guidelines here are highlighted!
• Specific guidelines on photocopying and interlibrary loan are also provided in  the CONTU Guidelines on  Photocopying under Interlibrary Loan Arrangements,¹²⁴ and in Copyright Office Circular 21:  Reproductions of Copyrighted Works by Educators and  Librarians.¹²⁵

• Moreover, the ARL Board of Directors affirmed that ARL should not endorse any  copyright guidelines that they believe do not fully protect the fair use rights  of the scholarly and education communities.
• Fair use and related library and educational exemptions are the foundation of  the scholarly communication process and allow educational institutions and their  individual members to carry out their teaching and research missions.

• In 1967 the Committee also sought to approach this problem  by including, in its report, a very thorough discussion of “the considerations  lying behind the four criteria listed in the amended section 107, in the context of  typical classroom situations arising today.” This discussion appeared on pp.  32–35 of the 1967 report, and with some changes has been retained in the Senate  report on S. 22 (S. Rep. No. 94–473, pp. 63–65). The Committee has reviewed this  discussion, and considers that it still has value as an analysis of various  aspects of the problem.
• • need to look into the original discussion
• A single copy may be made of any of the following by or for a teacher at his or  her individual request for his or her scholarly research
• A single copy  may be made of any of the following by or for a teacher at his or   her  individual request for his or her scholarly research
• A single copy   may be made of any of the following by or for  a teacher at his or     her   individual request for his or her scholarly  research
• Brevity
• brevity and spontaneity
• Brevity
• Brevity
• Spontaneity
• cumulative effect test
• and if printed on not more than two pages
• A complete poem if less than 250 words
• an excerpt of not more than 250 words
• story or essay of less than 2,500 words
• whichever is less, but in any event a minimum of 500 words.
• Special” works: Certain works in poetry, prose or in “poetic prose” which often  combine language with illustrations and which are intended sometimes for  children and at other times for a more general audience fall short of 2,500  words in their entirety.

  • how does one determine special - a kids book?

15 more annotations...

• • intellectual property evolves in response to technologoical change but the way fair use was written does not have to. the guidelines created such a condition and therefore are constantly trying to keep up.
• • guideline references (perhaps this will help find them). CONFU mentions the 4 previous guidelines (I wonder if there were any after?)
• • CONFU mentions just 4 guidelines - were there any others (the 4 are the ones I will be writing about)

1 more annotation...

• guideline primary sources listed here. also CONFU mentions the four other guidelines (original ones) as support for creating new ones. - Anne Arriaga on 2008-11-24