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NELA Legal Seminar: Copyright Basics, Fair Use, Advanced & Beyond (day 1)
Monday, March 13, 2023, 12:30 PM - 4:30 PM EST
Category: NELA

  • Speaker: Tomas A. Lipinski, J.D., LL.M., M.L.I.S., Ph.D., School of Information Studies University of Wisconsin--Milwaukee
  • Dates: Monday, March 13th AND Tuesday, March 14th
  • Time: 12:30pm - 4:30pm
  • Venue: Zoom - This event will NOT be recorded.
  • Fees: $55 for NELA members, $75 for non-members

Learn More About Tomas
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 Overview and Outcomes

This two half-day webinar covers a variety of topics including Copyright Basics (what works are protected, what works are not protected, what uses are protected (the five exclusive rights of copyright holders), the work made for hire rules, liability (primary and secondary), damages including protections for libraries, copyright risk management and assessment, and the First Sale Doctrine (called “exhaustion” everywhere else in the world) and why it is so important for libraries.

Next, a thorough discussion of Fair Use is covered including lessons from the case law, involving examples from publishing, arts and entertainment and IT sectors (innovation and interoperability). Section 108, the provision designed for use by libraries and archives, is reviewed.  Relevant provisions of sections 110 and 112 are discussed, especially those relevant in educational settings and library programming. Advanced concepts such as the take-down and disabling provisions and processes (Section 512) and circumvention and trafficking rules (Section 1201) and recent (October 2021) regulations issued by the U.S. Copyright Office, and the Copyright Management Information provisions of section 1202.

Finally, a brief look at the CASE (Copyright Alternative in Small Claims Enforcement) Act and its impact on library practices: benefits and pitfalls conclude the program.

Please bring your copyright questions as there will be time for Q&A!

 Learning Outcomes for Participants
  • Obtain a solid understanding of copyright law and its application to a variety of library, archive and education settings.
  • Possess the necessary skills to become a copyright first responder and dispel copyright myths for your library, your patrons, and your institution.
  • Learn and apply a process for assessing any scenario under copyright law.
  • Understand how copyright law supports library practice.
  • Identify those areas where the copyright law does not support library practice very well and opportunities to advocate for change.
  • Adjust practice to make use of protected works more likely to be fair use.
  • Test their knowledge with a copyright scenario or two.
  • Have sufficient knowledge to enhance the review of license provisions that impact your copyright use rights.
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