Educational Fair Use
Posted: Thu Jan 30, 2020 8:53 pm
Copyright law (17 USC Section 107) has long permitted educators (including flight instructors) to reproduce and freely use copyrighted material "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." As those of you who have attended any of my hundreds of free safety seminars over the past couple of decades will be aware, I have long made liberal use of this provision, inserting safety-relevant news photos and articles into my many non-commercial PowerPoint presentations. Unfortunately, I've been embroiled for the past few months in a legal battle with a law firm that refuses to recognize such fair use.
Today, my attorney (who is a fellow pilot, and has attended my online EAA Webinars) fired back with our own lawsuit. I don't know how it will pan out, but here is what he has just posted to his website:
Today, my attorney (who is a fellow pilot, and has attended my online EAA Webinars) fired back with our own lawsuit. I don't know how it will pan out, but here is what he has just posted to his website:
Shaby & Associates Files Lawsuit Against The Associated Press
January 30, 2020
Copyright law ordinarily permits the creator of a work - in this case, photographs of two aviation incidents of nationwide interest - the exclusive right to use their creations. However, first the courts, and now Congress, have carved out a right for others to use copyrighted materials in certain contexts, including “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” 17 U.S.C. § 107.
When multinational news agency The Associated Press enlisted the services of Higbee & Associates to hound a retired college professor teaching free aviation safety seminars as a FAASTeam volunteer, the small one-man operation turned to Shaby & Associates to seek a judicial declaratory judgment that the use of two Associated Press photographs was, in fact, fair.
The lawsuit is AvSport LLC v. The Associated Press , No. 2:20−cv−00871 DSF (JPRx) in the United States District Court for the Central District of California. Mr. Harshman has taken the lead in this litigation.