Are Some Fair Use Factors “More Equal” Than Others?

more equal

“Cute Little Tiny Baby Pig” by Michael Kappel CC-BY-NC

Last week, a district court judge upheld a jury’s decision that Google’s use of Java declaring code in the Android operating system was protected by fair use. If terms like “declaring code” and “application programming interface” aren’t common parlance for you, don’t worry, you’re in very good company (and may be eligible for a seat on the Federal Circuit). No matter how familiar you are with the technical details of the case, however, it offers a fascinating example of how fair use has evolved in recent years. It also suggests we take a closer look at one generally-overlooked aspect of the law: the second fair use factor. Read more


Partnerships for Openness Built on a Shared Foundation

Love on a Book by Sebastien Wiertz licensed under CC-BY 2.0

This week I had the opportunity to speak at the University System of Georgia’s Teaching and Learning Conference.  We had a great discussion about the role of libraries supporting open educational resources (OERs) as part of a daylong track sponsored by Affordable Learning Georgia, a program that connects faculty, librarians, the press, and external partners to support course redesign and open education.  ALG is a relatively new project but has already shown outstanding results, saving students more than $16 million in its first two years.  In light of these results, it’s no surprise that the university system gave ALG such a prominent role in the event.  In fact, an OER track has become increasingly common in many academic conferences, including special emphasis at this month’s CNI Executive Roundtable, a daylong event at ALA Midwinter, and sessions at most of the major library-focused conferences in 2015 and 16. Read more