Re:Create Recap – March 1, 2018

New Podcast: Copying Is Human Nature. As part of Fair Use Week, Re:Create released the latest episode of our Copy This podcast with guest Laura Quilter, Copyright and Information Policy Librarian at the University of Massachusetts Amherst. Quilter shares with listeners her insights about the role copyright plays in education, research and learning. According to Quilter, a crucial part of her role as a librarian is to simplify the complex issue of copyright and its role in education, recognizing that it is human nature to copy as part of the learning process.

Don’t Miss These Fair Use Week Highlights. It isn’t too late to be part of the Association of Research Libraries (ARL) annual Fair Use Week celebration! Be sure to check out, post and share highlights including videos, infographics, a blog about the role of fair use in trade as NAFTA negotiations take place in Mexico this week and other multimedia content.

Re:Create Coalition Calls For Fair Use And Safe Harbors In NAFTA. Re:Create urged NAFTA negotiators to include fair use and safe harbors, as reported by POLITICO‘s Morning Trade. The tipsheet noted negotiators are discussing the intellectual property chapter in Mexico City this week. “The American legal framework provides for a balanced copyright system, which includes copyright enforcement as well as copyright limitations and exceptions,” Re:Create’s executive director Josh Lamel said in a statement.

Judge Finds Disney “Misusing” Copyright. Ars Technica‘s Tim Lee examined a recent ruling by a California federal judge who invoked the copyright misuse doctrine against a Disney effort to stop Redbox from offering popular Disney titles using download codes. Judge Dean Pregerson found that the media company’s attempts to tie digital download codes to physical ownership of discs violated copyright’s first sale doctrine. “Disney’s copyrights do not give it the power to prevent consumers from selling or otherwise transferring the Blu-ray discs or DVDs contained within Combo Packs,” Pregerson wrote.

Appeals Court Ruling Against Fair Use Still Protects Key Google Books Precedent. An appeals court found that media monitoring tool TV Eyes is not protected by fair use in distributing ten-minute broadcast clips and transcripts, reported the Associated Press. In an analysis, Jonathan Band wrote a blog post for Project DisCo that notes the new decision does not undermine the previous Google Books case, which found that “the copying necessary to create a search database is a fair use.” Meanwhile, the Electronic Frontier Foundation warned that “restricting that service to the hands of the copyright holder will keep important criticism and commentary from being done.”