Understanding Fair Use During the Pandemic and Other Emergencies

When libraries, schools, and other public facilities closed their doors due to the pandemic and services moved online, questions about copyright and the use of materials in the online environment became much more prominent. While many library employees wonder about the copyright implications of reading a book in an online storytime, some publishers “give” permission; meanwhile, many attorneys and other authorities on copyright state that permission is not needed. 

This workshop will use four common scenarios to discuss the application of Fair Use during an emergency as well as in normal times. It will begin by reviewing and clarifying fundamental copyright topics and explore how these play out in each scenario. There will be time for participant questions throughout.

After this session, participants will be able to:

• Understand how Fair Use supports library activities, even during a pandemic.
• Evaluate how Fair Use supports digital versions of in-person library programs. 
• Transform a use so that the result is a “new work.”
• Use knowledge of library activities to consider how Fair Use aids teaching online.

Jill Hurst-Wahl is a consultant, speaker, writer, and educator.  She is an associate professor of practice in Syracuse University’s School of Information Studies and the president of Hurst Associates, Ltd.  A former corporate librarian, Jill has always been an advocate for increasing the impact of libraries, no matter the type of community or organization they serve.  She is a member of the USNY Technology Policy and Practices Council and the Onondaga County Public Library Board of Trustees.  Her interests include copyright, the use of social media, and the future of the profession.