On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices

The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries. The document is a code of fair use practices to be used by the academic and research library community. It provides an overview of fair use and identifies eight situations that represent acceptable fair use practices. It also describes how fair use rights should apply in each situation. The Code, which was created in conjunction with American University, was put together using surveys, small group discussions, and copyright experts.

According to the Code, the eight library practices to which the fair use doctrine can be applied include:

• Supporting Teaching and Learning with Access to Library Materials via Digital Technologies;
• Using Selections from Collection Materials to Publicize a Library's Activities, or to Create Physical and Virtual Exhibitions;
• Digitizing to Preserve At-Risk Items;
• Creating Digital Collections of Archival and Special Collections Materials;
• Reproducing Material for Use by Disabled Students, Faculty, Staff, and Other Appropriate Users;
• Maintaining the Integrity of Works Deposited In Institutional Repositories;
• Creating Databases to Facilitate Non Consumptive Research Uses (Including Search); and
• Collecting Material Posted on the World Wide Web and Making It Available.

For each practice, the document describes how and why fair use applies and lists any possible limitations or enhancements.

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