Fair Use guidelines
Concern has been expressed about the ambiguity of
fair use even before Congress enacted the first fair-use statute in
1976. The result is guidelines that attempt to define fair use as applied to
common teaching or library situations. None of the guidelines are law, they
have not been enacted into law by Congress, and none has been adopted as a
binding standard in any court decision. They are the product of
negotiations among private parties holding diverse views of copyright and
fair use. The first guidelines appeared in 1976 on the issue of copying for
classroom handouts. In 1998 a report from the
Conference on Fair Use (CONFU) proposed additional guidelines for newer
technological media and distance learning. The Council of University
of Wisconsin Libraries has resolved not to endorse the CONFU guidelines (see
the Council of University of Wisconsin Libraries (CUWL)
Resolution on CONFU guidelines)
The guidelines:
- Guidelines for
Classroom Copying in Not- For-Profit Educational Institutions with
Respect to Books and Periodicals, (March 1976)
Teach
Act Toolkit, North Carolina State Libraries
Distance
Education and the Teach Act, from the American Library Association
- Model
Policy Concerning College and University Photocopying for Classroom,
Research and Library Reserve Use (American Library Association,
March 1982)
-
Library and Classroom Use of Copyrighted Videotapes and Computer
Software
(American Library Association, February 1986)
-
Using Software: A Guide to the Ethical and Legal Use of Software for
Members of the Academic Community (January 1992)
-
Copyright in the Library (Reserves)
Coursepacks
and Fair Use, issues raised by the Michigan Document Services case
-
Educational Fair Use Guidelines For Distance Learning (CONFU, draft
1996)
-
Fair Use Guidelines For Educational Multimedia (CONFU, draft 1996)
-
A Proposal For Educational Fair Use Guidelines For Digital Images
(CONFU, draft 1996)
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