"Fair use" is a vaguely worded defence against an allegation of infringement, and therefore gives rise to all sorts of ambiguities, leading to numerous court cases in the USA (the main country where the concept is employed). "Fair dealing" is much more precise, so is less ambiguous, but at the same time more restrictive in application. So there are arguments for and against "fair use". I favour "fair use" over 'fair dealing", but recognise there are indeed arguments for both sides. To change our law to "fair use" would, however, need a change at EU level, not UK level, because the Directive on Copyright and Related Rights, though it doesn't use the term "fair dealing", imposes what we know as "fair dealing" on the UK. Any attempt to broaden the UK's exception to the vaguer, more flexible "fair use" would put us in breach of that Directive. I agree that Hargreaves ducked the issue. He could have said "Let's lobby the EU to move to a fair
use doctrine", but I guess he was being pragmatic - the chances of success in such a venture are close to nil!
I don't understand the final point about Hargreaves not making recommendations about people's roles. His report was about the law, not about the role of people.
Charles
Professor Charles Oppenheim
________________________________
From: "Chumbe, Santiago" <[log in to unmask]>
To: [log in to unmask]
Sent: Friday, 23 December 2011, 11:20
Subject: Re: Cilip in London evening meeting: January 2012 - Charles Oppenheim on Hargreaves and UK copyright
Hi Alan,
I don't want to sound argumentative, but, when it was published, we were a bit disappointed to see that the Hargreaves Report didn't support the concept of "fair use" (http://creativecommons.org/tag/fair-use)
Although it is true that a positive thing of the Report is that it has instigated changes in the current pre-digital UK copyright framework, we think that some recommendations are actually overdue, such as legalising copying of CDs for personal use, which is already implemented in all European countries. Also, something that we missed in the report was a recommendation for the role that aggregators and innovative data miners are playing in this era of social media.
Santy
-----Original Message-----
From: A general Library and Information Science list for news and discussion. on behalf of Alan Fricker
Sent: Fri 23/12/2011 10:28
To: [log in to unmask]
Subject: Cilip in London evening meeting: January 2012 - Charles Oppenheim on Hargreaves and UK copyright
Speaker: Charles Oppenheim, Visiting Professor at the University of Queensland, Brisbane
Date: Monday, 9th January 2012
Time: 6.30pm
Venue: The Sekforde Arms, Sekforde Street London EC1
Map: http://digbig.com/3pmf <http://digbig.com/3pmf>
The current copyright framework is far from suited to the digital age: it has failed to keep pace with technological advances, lagging behind the ways in which knowledge and information are being created, used and transmitted. Increasingly, researchers are inhibited from using the resources they need. The Hargreaves Review, instigated by the Prime Minister, has recommended wide-reaching changes that will impact everyone in the information world.
In this talk, Charles will cover the background to Hargreaves, how the Government has responded to the recommendations, and what is likely to happen to UK copyright law in the near future.
Charles Oppenheim has been an influential Professor and (Head of Department) at Loughborough University <http://www.lboro.ac.uk/departments/dis/> 's Department of Information Science for many years. He has held a variety of posts in academia and the electronic publishing industry, working for International Thomson, Pergamon and Reuters at various times. Charles is a member of the Legal Advisory Board of the European Commission, and of the Libraries and Archives Copyright Alliance
For those unable to attend, a podcast of this talk will be available.
This talk will be of particular value to anyone registered for CILIP Chartership and can contribute towards CPD requirements.
We encourage you to blog or tweet about this event (#ciliplndn).
As space is limited, please let us know if you are coming by booking via http://tinyurl.com/CiLJan2012Oppenheim . Any other enquiries or cancellations to [log in to unmask] There will be a small charge (£5) for anyone who is not a CILIP member.
This event has kindly been sponsored by Credo Reference
Alan Fricker
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Newham University Hospital NHS Trust
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