1 The Library Copyright Alliance (a coalition of ARL, the American Library Association, and the
Association of College and Research Libraries) attempted to clear up some of the confusion when it
published an Issue Brief discussing in some detail the streaming of films for educational purposes.
That brief is available at http://www.arl.org/bm~doc/ibstreamingfilms_021810pdf.pdf.
2 There are several other provisions in the law that grant special rights to libraries and educational
institutions, chief among them Section 109, without which libraries would violate the law by
performing one of their traditional core functions: circulating collections. Other provisions include:
Section 108, Section 121, Section 504(c)(2)(i), Section 512(e), Section 602(a)(3)(C), Section 1201(d),
Section 1203(c)(5)(B), and Section 1204(b). Among other things, these provisions make it possible for
libraries to make books accessible to the print-disabled, to preserve deteriorating collections materials,
to break digital locks for limited purposes, and to provide Internet access with the same protections as
for-profit ISPs.
3 See Eldred v. Ashcroft, 537 U.S. 186, 219 (2003) (citing fair use and other exceptions).
4 See Fogerty v. Fantasy, Inc., 510 U.S. 517, 527 (1994).
5 See, e.g., Deborah Gerhardt and Madelyn Wessel, “Fair Use and Fairness on Campus,”
North Carolina Journal of Law & Technology (forthcoming Spring 2010),
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1594934.
6 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 578 (1994) (cited in Gerhardt and Wessel).
7 See, e.g., Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605 (2006). For a more in-depth
discussion of this “Market Myth,” see Gerhardt and Wessel.
8 See, e.g., Jared Huber, Brian T. Yeh, and Robin Jeweler, Copyright Exemptions for Distance Education:
17 U.S.C. § 110(2), the Technology, Education, and Copyright Harmonization Act of 2002, CRS Report
RL33516 (Congressional Research Service, Library of Congress: 2006), 7,
http://opencrs.com/document/RL33516/.
To cite this article: Brandon Butler. “Urban Copyright Legends.” Research Library
Issues: A Bimonthly Report from ARL, CNI, and SPARC, no. 270 (June 2010): 16-20.
http://www.arl.org/resources/pubs/rli/archive/rli270.shtml.
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JUNE 2010 RESEARCH LIBRARY ISSUES: A BIMONTHLY REPORT FROM ARL, CNI, AND SPARC
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