 For Fair Use Week 2022, ARL teamed up with the Social Science Research Council Media Well Project in asking experts to weigh in on how Fair Use supports research news and truth. In this video, ARL General Counsel Jonathan Bann describes how Fair Use allows researchers and journalists to quote and reference the materials that libraries collect and preserve. Copyright has built in accommodations for the First Amendment, which thereby facilitate journalism as well as research. And it was Justice Ruth Bader Ginsburg who first formulated that notion of a first built in First Amendment accommodations. And she did that. There were two cases first in Eldridge versus Ashcroft. And then she then used the same language in Golan versus Holder. And, you know, the basic notion is that copyright, if it were interpreted expansively, would prohibit ever quoting anything, right? Because if you quoted something, then that would be a copyright infringement. So the notion is that you need to have something like Fair Use that allows you to quote, and you need to quote so that you're not just always paraphrasing someone if you want to really say, well, he said so and so, and this is why it's correct or incorrect, or you want to rely on something for, as an authoritative source, you often, you want to be able to quote the original. And so that quotation is a critical piece of journalism and research. Similarly, you need to have facts, and you can't sort of recreate the facts. You can't go out and find the facts originally. You know, there's often no way to come up with historical facts other than looking somewhere where the facts have been collected. And so the Supreme Court in Feist versus Rural Telephone said, no, facts are in the public domain. People can't own facts. And even if it takes a lot of effort to sort of collect the facts, you still can't own those facts. Those facts belong to everyone. And so, and that too is seen as one of these built-in accommodations to the First Amendment. So both, you know, limiting doctrines of like the fair use, like the idea expression dichotomy, fact expression dichotomy, that these things can't get protection at all, or fair use, which says, yes, the work has protection, but you're still allowed to use this expression because in certain circumstances, it's essential to be able to actually quote the actual language that that too is permissible. So again, the notion is that copyright has these built-in accommodations to the First Amendment. And so while it seems that they operate in tension with one another, they actually work together in a way that we can see by having the robust journalism and the robust research we have in this country, all that is because these doctrines, these basically constitutional principles of copyright on the one hand, and the First Amendment on the other hand, they're not in tension because they have these built-in accommodations. Nice. Do you want to speak to the role of libraries too? Sure. Okay. Now, libraries are critical in this structure because libraries have the materials that researchers and journalists can look to, both for facts, as well as the expression that they want to quote. It's the libraries that make, although that preserve those materials, collect them and make them available for the researchers and the journalists. So there is this ecosystem of which journalists, researchers, and libraries are all apart.