When to Use Fair Use in Sound Recordings Archiving

Sound archivists, whether individual or institutional, need copyright expertise, as most of what they collect has some kind of copyright in it at some point. This article provides guidance on employing the copyright exception of fair use, a powerful user right for sound archivists. It describes seven typical situations they face, as revealed in open-ended telephone interviews: electronic access to rare/unique materials; remote access in formal learning; reservation/format shifting; creating curated collections; data mining / nonconsumptive research; exhibits, both digital and in-person; providing copies to creators. Fair use’s application to those situations is described, explaining both the law and relevant conclusions from robust, uncontroversial codes of best practices in fair use created by other relevant professional communities. This knowledge is relevant for copyright jurisdictions including the United States, Israel, the Philippines, and South Korea, which have fair use. As well, most national copyright law includes exceptions and limitations relevant to these kinds of problems.