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

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

Academic and research libraries play a crucial role in facilitating teaching, learning, and research. Fair use, a legal doctrine primarily recognized in the United States, allows limited use of copyrighted material without requiring permission from rights holders. Contrary to being merely an affirmative defense, the U.S. Court of Appeals for the Ninth Circuit ruled in Lenz v. Universal Music Corp. (the “dancing baby” case) that fair use is an expressly authorized right and an exception to copyright exclusivity (Hathi, 2012). Unlike other defenses where infringement may be excused, fair use legally permits certain uses without liability.

Academic librarians support faculty, researchers, and students by responsibly collecting, curating, and preserving materials. Fair use allows limited and acknowledged utilization of third-party copyrighted works, but mere attribution does not automatically qualify a use as “fair.” The scope of fair use depends on dissemination—what may be permissible in a classroom setting might not apply if the same material is shared online. Additionally, the use of paintings, videos, music, graphs, poetry, or lengthy quotations may be considered fair in limited distribution but could lose that status upon wider publication (Egelko, 2008).

Universities traditionally archive theses to ensure accessibility and academic citation, aiding in professional reputation-building (Eagle, 2009). However, copyright complexities arise when students incorporate previously published work into their dissertations, as publishers often retain copyright ownership (Band, 2009).

Libraries frequently rely on fair use in nonprofit educational contexts, balancing copyright protections with academic needs. While copyright law incentivizes content creation, it also imposes restrictions on libraries. Fair use enables librarians to lawfully utilize copyrighted materials when societal and cultural benefits outweigh proprietary concerns (Thompson, 2007).

1.2 Background of the Area of Study

Kyambogo University (KYU), Uganda’s second-largest public university, was established in 2003 through the merger of a teacher training college, a technical institute, and a special needs education institution. Its mission is to advance knowledge in science, technology, education, and other disciplines. KYU offers Master’s, Bachelor’s, and Diploma programs across various fields, including Engineering, Social Sciences, Business, and Special Needs Education, catering to day, evening, and distance learners.

Despite its academic contributions, KYU faces copyright challenges in dissertation publications. This study investigates the application of fair use in academic libraries to address these issues.

1.3 Statement of the Problem

Ugandan universities lack robust copyright protections for locally produced publications, compounded by weak legal frameworks. This study examines the application of fair use in academic libraries to mitigate these challenges.

1.4 Purpose of the Study

The study aims to assess the impact of fair use on information utilization in academic libraries.

1.5 Objectives of the Study

The research seeks to:

1. Determine the benefits of fair use at Kyambogo University.
2. Evaluate challenges in implementing fair use.
3. Identify techniques for applying fair use in academic libraries.

1.6 Research Hypothesis

The study will test the following hypotheses:

1. Fair use offers significant benefits.
2. Fair use presents implementation challenges.
3. Multiple techniques exist for applying fair use.

1.7 Scope of the Study

1.7.1 Subject Scope

The study focuses on fair use in academic library information utilization.

1.7.2 Geographical Scope

The research will be conducted at Kyambogo University, Kampala, Uganda.

1.7.3 Time Scope

The study will span from March to August 2016.

1.8 Significance of the Study

1. University Management – Findings may guide KYU in fair use policy development.
2. Future Researchers – The study provides a reference for further research.
3. Government – Insights may inform national copyright policy decisions.