הפקולטה למשפטים, אוניברסיטת חיפה | كلية الحقوق، جامعة حيفا
Faculty of Law University of Haifa
Law in a Changing World

Fair Use Week 2017

Fair Use Week - February 20-24, 2017.

This is the third time in a row that the Law and Technology Clinic joins the celebrations.

This year the clinic decided to try and raise awareness of the fair use clause through tribute to movies and TV series. In addition - especially for this event  - a video was made with an original song that was composed by Hod Balas. 

https://www.youtube.com/watch?v=qTfH2RtkEuE]

 


 

 

     

 

 

 

 

 

 

Fair Use Week 2016

Fair Use Week - February 22-26, 2016. 

This year, 2016, is the third time that Fair Use week is celebrated in the U.S. and the second year for the Law and Technology Clinic.

This year the Law and Technology Clinic ​decided to approach various creators from different fields​ with a questionnaire in order to test the awareness of copyright and fair use.   
​You are welcome to follow the blog of the Law and Technology Clinic .
​You are welcome to follow the global site updates​.​

​​​​​​​​​​​Fair Use Week 2015

Fair Use Week - February 23-27, 2015. 

This year, 2015, is the second time that Fair Use week is celebrated in the U.S. and the first year for the Law and Technology Clinic.
Last year the Fair Use Week was initiated by Harvard Libraries together with Office for Scholarly Communication. This year the week is celebrated by about 15 Universities, Colleges and organizations such as EFF, Public Knowledge and ARL​.

What is Fair Use?

Copyright law creates a system of checks and balances that balance between the public domain and the granting of incentive for authors to create. Therefore, the new Israeli Copyright Act of 2007 includes permitted uses. Fair Use is one of them.​

The new Israeli Copyright Act of 2007​ replaced the old Copyright Act of 1911. The fair dealing clause was replaced by a Fair Use clause which is ​very much similar to the U.S. Fair Use clause:

"19. Fair Use
​(a)    Fair use of a work is permitted for purposes such as: private study, research, criticism, review,
        journalistic reporting, quotation, instr
uction and examination by an educational institution.

(b)    In determining whether a use made of a work is fair within the meaning of this section the factors to be
        considered shall include, inter alia, all of the following:
          (1) The purpose and character of the use; 
          (2) The character of the work used; 
          (3) The scope of the use, quantitatively and qualitatively, in relation to the work as a whole;
          (4) The impact of the use on the value of the work and its potential market.

(c)     The Minister may make regulations prescribing conditions under which a use shall be deemed a fair
          use"

There is anot​​her ​judicial criteria that has to be met before the use can be considered "fair" - attribution to the author. ​​​

However, the fair use clause is unclear and often impossible to say in advance whether a particular use should be considered fair or not. To address this uncertainty and its chilling effect on educational use, for example, we formed a coalition of higher education institutions in Israel and negotiated a shared understanding of fair use Long the partnering institutions.

The output was a Code of Fair Use Best Practices for the use of copyrighted materials in Higher Education Institutions. This initiative is the outcome of a collaboration between the Law and Technology Clinic of the University of Haifa, the Faculty of Law, and the IP Clinic of the College of Management Academic Studies School of Law.

On Fair Use Week the Law and Technology Clinic will devote this week to raise awareness of the existence of the fair use clause and its importance. During the week we will publish posts related to the subject in our blog. Some of them are written by leading lawyers and scholars in the field. We would like to thank them for that.

Posts that were published on Fair Use Week 2015:

 

23 Feb. - Prof. Michael Birnhack (in Hebrew) Fair Use and the Added Judicial Criteria

24 Feb. - Adv. Tamir Afori (in English) Fair Use and Two Drafting Comments​​

25 Feb. - Dr. Miriam Bitton (in Hebrew) Fair Use in Court decisions - Recommendations for Reform

26 Feb. - Prof. Niva Elkin Koren (in Hebrew) Fair Use - Is It a Right?​

27 Feb. - Adv. Jonathan Klinger (in Hebrew) Fair Use - The Power to Change


Summary of the week around the world:

Roundup from Day 1 of Fair Use Week

 




Animation - Public Domain Day

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