Fair Use Code and Other Legal Tools for Software Preservation

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The Fair Use Code & Other Legal Tools for Software Preservation webinar series will examine the Code of Best Practices for Fair Use in Software Preservation and surrounding legal issues in greater depth. The webinar is jointly hosted by the Association of Research Libraries and the Software Preservation Network.

EPISODE 1: The Code of Best Practices in Fair Use for Software Preservation: Why and How

February 25, 2019 @ 11amPT/1pmCT/2pmET

In this introduction to the webinar series about using the Code of Best Practices in Fair Use for Software Preservation, you’ll learn: What the Code is; What the copyright doctrine of fair use is; How it addresses problems such as making preservation copies, patron access onsite and remotely, sharing software with other institutions, and providing access to source code; and Why best practices codes are a robust, reliable guide to practice.

EPISODE 2: Beginning the Preservation Workflow

March 4, 2019 @ 11amPT/1pmCT/2pmET

In the second episode in the series, speakers cover how to read the Situations in the Code (parsing descriptions, Principles, and Limitations); and explores how fair use applies to the foundational steps in a preservations workflow including stabilizing, describing, evaluating, and documenting software.

EPISODE 3: Making Software Available Within Institutions and Networks

March 11, 2019 @ 11amPT/1pmCT/2pmET

In this third episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn: how fair use enables institutions to provide access to software for use in research, teaching and learning purposes while minimizing any negative impact on ordinary commercial sales, and how to provide broader networked access to software maintained and shared across multiple institutions, including off-premise access under some circumstances. This episode will also discuss safeguards to minimize potential risks, such as the establishment of a mechanism to register concerns by stakeholders.

EPISODE 4: Working with Source Code and Software Licenses

March 18, 2019 @ 11amPT/1pmCT/2pmET

In this fourth episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn: how the Code treats preservation and access to source code in your collections; how software licenses interact with fair use; what kinds of software license provisions might prevent using fair use; when licenses bind (and do not bind) owners of physical copies of software; non-copyright concerns associated with software licenses.

EPISODE 5: Understanding the Anti-circumvention Rules and the Preservation Exemptions

March 25, 2019 @ 11amPT/1pmCT/2pmET

In this fifth episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn about: what the DMCA anti-circumvention provisions are and how they relate to copyright, fair use, and the Code; how the triennial exemption rulemaking works and how SPN obtained an exemption for software (and video game) preservation; how to apply the new exemption to your own activities.

EPISODE 6: Making the Code Part of Software Preservation Culture

April 1, 2019 @ 11amPT/1pmCT/2pmET

In this sixth episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn about: The difference between a document and a shift in practice; How other communities have incorporated fair use into their professional practice; How to talk to gatekeepers and to allies in your network, to strengthen field-wide practice.

EPISODE 7: International Implications

April 8, 2019 @ 11amPT/1pmCT/2pmET

In this seventh and final episode of a series about using the Code of Best Practices in Fair Use, you’ll learn about: Why licensing isn’t a viable solution to copyright issues in preservation projects with global reach; how U.S. fair use law applies to initiatives that involve foreign materials; how preservationists in other countries can take advantage of local law (and the Code) to advance their work; and the roles they can play in advocacy for better and more flexible copyright exceptions.

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