research consultancy

THE APPLICATION OF FAIR USE IN UTILIZATION OF INFORMATION IN ACADEMIC LIBRARIES: CASE STUDY OF KYAMBOGO UNIVERSITY

CHAPTER ONE

INTRODUCTION

• Background of the study

The mission of academic and research librarians is to enable teaching, learning, and research, Fair use is a legal doctrine used mostly in the United States, It permits limited use of copyrighted material without acquiring permission from the rights holders. While often thought of as an affirmative defense, in Lenz v. Universal Music Corp,(the dancing babycase), the United States Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law, Fair use is therefore distinct from affirmative defenses where a use infringes a copyright, but there is no liability due to a valid excuse, (Hathi, 2012).

Most academic and research librarians are committed to faculty, researchers, and students of the future, who depend on the responsible collection, curation, and preservation of materials over time.

Fair use is limited, acknowledged use of third party controlled copyrighted materials. However, just acknowledging the source of the copyrighted material does not make the use “fair.” Fair use is dependent on how broadly your work is disseminated. For example, what is considered fair use when teaching in a classroom setting may not be fair use if the same material is available to an internet audience,  Similarly use of paintings, videos, music, graphs, poetry, long quotations, or copyrighted works of others that would be considered  “fair use” when distribution is limited, may not qualify for fair use once the dissertation is published, Even some work that is previously published may be copyrighted in the name of a third party, (Egelko, 2008).Universities have a scholarly tradition of publishing and archiving theses to ensure access to the work by others in the field. This allows the work to be catalogued and cited. It is also a first step in establishing a professionalreputation, (Eagle, 2009).

The University of Illinois permitsstudents to include in their dissertation some work that has been previously published by themselves.If they include such work they own,for instance, students may no longer own the copyright in an article they authored, because publishers often require assignment of their copyright ownership, (Band, 2009).

There are multiple bases on which these library uses can be considered fair ones. These modes of course support occur in a nonprofit educational environment, Copyright law affects the work of academic and research librarians pervasively and in complex ways, because the great bulk of these librarians’ work deals with accessing, storing, exhibiting, or providing access to copyrighted material. The rights of copyright holders create incentives for the publication of important work that forms the core of library collections, while at the same time constraining academic and research librarians in the exercise of their mission. Similarly, limitations on and exceptions to copyright rights enable academic and research librarians to use copyrighted materials in important ways, but impose limits and responsibilities of their own, (Masnick, 2009).

In addition to specific exceptions for libraries and educators, academic and research librarians use the important general exemption of fair use to accomplish their mission. Fair use is the right to use copyrighted material without permission or payment under some circumstances, especially when the cultural or social benefits of the use are predominant, (Thompson, Adam (2007).

1.2 Background of the area of study

Kyambogo University is the second largest Government University in Uganda. It was established in the year 2003, after a merger of three different institutions namely a Teacher Education institution, a Technical institution and a National Institute for Teachers who handle learners with disabilities,  with a mission to advance and promote knowledge and skills in Science Technology, Education and other fields. With this background KYU offers programmes in Teacher Education, Engineering, Pure Sciences, Social Sciences, Creative Art, Performing Arts, Environmental Science, Business studies and Special Needs Education. The programmes range between Masters Degrees, Bachelors degrees and Diplomas for Day Evening and Distance Learning students.

Kyambogo university dissertations have been facing copyright challenges, this study therefore intends to investigate intothe application of fair use in utilization of information in academic libraries.

      i.         1.3 STATEMENT OF THE PROBLEM

Most of the Ugandan universities donot have clear copyright protection for most of the publications that are produced in the country.However the country does not have good laws regarding copyright and the extent to which such laws can be applied basing on the above.This study therefore intends to investigate into the application of fair use in utilization of information in academic libraries.

     ii.         1.4 PURPOSE OF THE STUDY

The study aims at establishing the influence application of fair use in utilization of information in academic libraries.

   iii.         1.5 OBJECTIVES OF THE STUDY

The overall objectives of this research are;

1. To establish the benefits of fair use application in Kyambogo university.
2. To assess the challenges in application of fair use in Kyambogo university.

• To establish the various techniques of application of fair use in utilization of information in academic libraries.

   iv.         1.6 RESEARCH HYPOTHESIS

The following research questions shall guide the study;

     v.         Fair use has got numerous benefits

1. Fair use comes along with numerous challenges.

• There are different ways of application of fair use

viii.         1.7 SCOPE OF THE STUDY

The scope of this study will be divided into subject, geographical and time scope.

   ix.         1.7.1 SUBJECT SCOPE

The study specifically will look at the application of fair use in utilization of information in academic libraries

1.7.2 GEOGRAPHICAL SCOPE

The study will be carried inKyambogo University Kampala Uganda.

1.7.3 TIME SCOPE

The study will cover the period from March to August of this year (2016).

1.8 SIGNIFICANCE OF THE STUDY

1. The findings of the study may provide the management of Kyambogo University on how to handle fair use
2. It may help future researcher have information regarding application of fair user.

• It may help the government make some decisions.