[okfn-br] How Flexibility Supports the Goals of Copyright Law: Fair use and the U.S. Library Experience

[Carolina Rossini]

How Flexibility Supports the Goals of Copyright Law: Fair use and the U.S.
Library Experience <http://infojustice.org/archives/29214>
Posted by Elizabeth
Hadzima<http://infojustice.org/archives/author/elizabeth-hadzima> on
April 4, 2013Add comments <http://infojustice.org/archives/29214#respond>


[image: bl] <http://infojustice.org/wp-content/uploads/2013/04/bl.jpg>*[Excerpt
from a white paper<http://infojustice.org/wp-content/uploads/2013/04/Hadzima-and-Wood-How-Flexibility-Supports-the-Goals-of-Copyright-Law.pdf>
prepared
by Elizabeth Hadzima, Alexandra Wood, Lila Bailey, and Jennifer Urban]  *

This briefing paper describes how the flexibility of the fair use doctrine
in United States (U.S.) copyright law helps U.S. libraries fulfill their
missions and offers suggestions for how flexible limitations and
exceptions, when used in conjunction with purpose-specific exceptions or
other approaches, might similarly benefit libraries outside of the United
States. The experience of U.S. libraries may be beneficial in understanding
the valuable role that flexibility can play in creating robust copyright
frameworks that can assist libraries in performing their vital public
responsibilities. Increasing libraries’ capacity to perform their key
activities allows the public to realize its investment in libraries and
also benefits society as a whole.

Because libraries gather, store, exhibit, and provide access to resources
and information, copyright law affects librarians’ work extensively and in
complex ways. In conducting their work, librarians may use purpose-specific
exceptions, which define specific carve-outs for certain uses of
copyrighted materials, or a combination of purpose-specific exceptions
along with flexible limitations, depending on the jurisdiction.

This paper first describes the experience of U.S. libraries in applying
flexible limitations, specifically fair use, under U.S. copyright law. This
paper’s focus on the importance of fair use to U.S. libraries should not be
interpreted as suggesting that the other, more purpose-specific exceptions
in the U.S. Copyright Act are not important to libraries. Rather, this
paper aims to illustrate how flexibility can complement purpose-specific
exceptions to help libraries fulfill their missions by allowing them to
perform their key functions, adapt quickly to changing circumstances such
as new technologies, and provide the public with greater access to
information.

The paper also suggests that the benefits conferred on the public by
providing libraries with flexible limitations and exceptions are not
limited to the experience of U.S. libraries. The paper concludes that
communities around the world stand to benefit from incorporating into their
copyright laws flexible limitations and exceptions, of which fair use is
but one example, alongside purpose-specific exceptions.

FULL PAPER: How Flexibility Supports the Goals of Copyright Law: Fair use
and the U.S. Library
Experience<http://infojustice.org/wp-content/uploads/2013/04/Hadzima-and-Wood-How-Flexibility-Supports-the-Goals-of-Copyright-Law.pdf>


-- 
*Carolina Rossini*
http://carolinarossini.net/
+ 1 6176979389
*carolina.rossini em gmail.com*
skype: carolrossini
@carolinarossini
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