Webinar: "Transformativeness in Teaching & Educational Fair Use in a Post-GSU World"
From: John Burger (jburgeraserl.org)
Date: Mon, 7 Mar 2016 13:18:28 -0800 (PST)
ASERL Friends:

I am pleased to announce this upcoming webinar led by our longtime friend and 
colleague, Brandon Butler.  "Transformativeness in Teaching & Educational Fair 
Use in a Post-GSU World" is a discussion based on Brandon's recent article, 
"Transformative Teaching and Educational Fair Use after Georgia State" (see 
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2723611 for the full text.)

OVERVIEW:  The Supreme Court has said that copyright’s fair use doctrine is a 
“First Amendment safety valve” because it ensures that certain crucial cultural 
activities are not unduly burdened by copyright. While many such activities 
(criticism, commentary, parody) have benefited from the courts’ increased 
attention to First Amendment values, one such activity, education, has been 
mired for years in a minimalist, market-based vision of fair use that is 
largely out of touch with mainstream fair use jurisprudence. The latest 
installment in the history of educational fair use, the 11th Circuit’s opinion 
in the Georgia State University e-reserves case, may be the last judicial word 
on the subject for years to come, and I argue that its import is primarily in 
its rejection of outdated guidelines and case law, rather than any affirmative 
vision of fair use, which the court studiously avoids. Because of the unique 
factual context of the case, it stops short of bridging the gap between 
educational fair use and modern transformative use jurisprudence. With help 
from recent scholarship on broad patterns in fair use case law, I pick up where 
the GSU court left off, describing a variety of common educational uses that 
are categorizable as transformative, and, therefore, entitled to broad 
deference under contemporary fair use doctrine. In the process, I show a way 
forward for vindicating fair use rights and First Amendment rights, by applying 
the transformative use concept at lower levels of abstraction to help practice 
communities make sense of the doctrine. 

WEBINAR:  "Transformativeness in Teaching & Educational Fair Use in a Post-GSU 
World" 
DATE / TIME:  April 14, 2016   |  11am ET / 10am Central Time
REGISTER:  https://attendee.gotowebinar.com/register/5001291739172319490 

As always, these sessions are available at no cost to ASERL members, and will 
be recorded for later playback.  ASERL webinars are licensed under a Creative 
Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

 System Requirements
*  PC-based attendees must use Windows® 8, 7, Vista, XP or 2003 Server
*  Mac®-based attendees must use Mac OS® X 10.6 or newer
*  Mobile attendees must use iPhone®, iPad®, Android™ phone or Android tablet. 
An app download may be required.

After registering, you will receive a confirmation email containing 
instructions for joining the webinar.  Please let me know if you encounter any 
difficulties.  And feel free to spread the word to other interested colleagues!

Thanks.

--jeb

John Burger, Executive Director
Association of Southeastern Research Libraries
   ASERL
   c/o Georgia State University Library - Administration Suite LS7
   100 Decatur Street SE
   Atlanta, GA 30303-3202

   Telephone:  404-413-2896

Follow ASERL on Facebook:  http://on.fb.me/Ziuz2a 
Find me on Twitter:  https://twitter.com/ASERLJEB  




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