Tuesday, May 27, 2014
Hospitals and Fair Use
The guideline definitions. Educators are defined as:
"[F]aculty, teachers, instructors, curators, librarians, archivists, or professional staff who engage in instructional, research, or scholarly activities for educational purposes as their assigned responsibilities at educational institutions; independent scholars also are considered educators under this definition when they offer courses at educational institutions."Similarly, "Educational purposes" are defined as:
"[N]on-commercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions, and research and scholarly activities, defined as planned non-commercial study or investigation directed toward making a contribution to a field of knowledge and non-commercial presentation of research findings at peer conferences, workshops, or seminars."Establish your own standards? Keep in mind that the fair use statute is deliberately vague and the final determination can only come from a court. For that reason, we suggest that you look inward for fair use guidance and answers -- that is, create your own policy manual. Start by looking at the cases, synthesizing some rules, and considering practical realities -- for example, how litigious is the content owner? Hopefully, you can also get advice from your hospital's general counsel (or outside counsel). Your review is likely to reveal that fair use decisions fall within a risk-analysis spectrum. Spontaneity, for example, may figure into some educational exemptions, but may not be as important a factor as the transformative nature of your use.
P.S. Perhaps you can obtain more information from The Association of American Medical Colleges (AAMC), one of the associations that participated in formulating the 1998 fair use guidelines.