Friends of the LA River records (Army Corps and FoLAR): Fair Use Statement

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1 Friends of the LA River records (Army Corps and FoLAR): Fair Use Statement Collection description The items under consideration come from the Friends of the Los Angeles River records (collection 2215), box 3, folder 2. Description of the proposed fair use items Description of how the proposed fair use items will be used The items under consideration are two letters from Unpave LA, a coalition between several LA River advocacy groups, including FoLAR, which was headed by Dorothy Green of Heal the Bay and Lewis MacAdams of FoLAR. The items are in regard to the Los Angeles River/Los Angeles County Drainage Area project. Unpave LA is no longer active, but, since the copyright is shared between the Unpave LA organizations, these items will be addressed in this statement. The proposed items will be published on the Los Angeles Aqueduct Digital Platform (LAADP), a public resource for research and information that provides access to primary resources that document, specifically, the history of the Los Angeles Aqueduct, as well as water resources in Los Angeles. It also includes digital scholarship projects developed by UCLA graduate and undergraduate students, which include primary sources made available on the site. The aim of this digital platform is to make previously undiscoverable archival records available to the general public, to enhance the public's knowledge of water in California, and to provide opportunities for creative engagement with primary sources. This item will be made available through the LAADP's Archives portal. Users will be able to search for resources via three different avenues (browse, keyword search, and on a map). When users find and click on this item for a larger view/more information, they will be taken to a catalog record page with rich metadata, which provides additional value and context to the item. Four Factors of Fair Use 1 How does use of the materials fall under the four factors of fair use? Complete the following checklist and questionnaire, as prompted below. I. Purpose and Character of Use [The Transformative Factor] Educational [i.e. teaching, research, Commercial or entertainment use scholarship, criticism, comment] Transformative use [i.e. work differs from the Non-transformative or exact replica of work original presentation or is transformed to for original purpose serve a new purpose] 1 The Four Factors of Fair Use checklist has been modified from Cornell University s Checklist for Conducting Fair Use Analysis before Using Copyrighted Materials.

2 Non-commercial use For-profit use The items will be part of a curated collection of primary sources that are available on the LAADP. Users could search for these items through a keyword search, visual browse, and geographic browse. All of these materials are presented on a catalog record page, which includes rich metadata about the item. The items' inclusion in the LAADP Archive portal transforms the items' original presentations and purposes. The letters originally served as a way to share support for a cause to the individual it is addressed. On the LAADP, the items will be used for the purpose of research and analysis. They are meant to serve as historical documents about the history of the Los Angeles River for use by the general public. II. Nature of Copyrighted Work(s) Factual Published Creative Unpublished Both items are factual in nature, as they provide information about Unpave LA activities. Though the letters are unpublished, which is disfavors fair use, it is important to include both documents on the LAADP, as they provides evidence of advocacy actions and contributions for environmental organizations, concerning the Los Angeles River, as well as FoLAR's varied activities, contributions, and partnerships. These items are part of a representative sample of significant materials in the FoLAR collection. III. Amount and Substantiality of the Portion of the Work Used Small quantity Large portion or entire work Portion used is not central to the whole of the Portion used is central to the work work Amount is appropriate for educational Includes more than is necessary for purposes educational purposes Though publication of the items on the platform disfavors fair use, with regard to this factor, it is necessary to include the entire works, rather than pieces of it. The Archives portal provides access to primary sources in their entirety, rather than in fragments. Providing users with whole works allows them to more effectively and intelligently use the materials for research and analysis. IV. Effect of the Use on the Potential Market for the Work No significant effect on the market or potential market of the work(s) Major effect on the market or potential market of the work(s) One or few copies will be distributed Numerous copies will be distributed No longer in print Able to obtain permission to use work(s) Restricted access to the work(s) [e.g. restricted Will be making it publicly available on the Web

3 to UCLA IP] One-time use Repeated or long-term use The original purposes of these items was not commercial in nature, rather they served to enhance knowledge of Unpave LA's stance on the Los Angeles River/Los Angeles County Drainage Area project. Therefore, it could be surmised that there is no effect on the market or potential market of the item. The proposed use of this item will be for purely non-commercial, educational purposes.

4 Additional Support for Fair Use Argument Applied fair use principles In the context of the Association of Research Libraries' Code of Best Practices in Fair Use for Academic and Research Libraries (ARL), in particular according to Principles 4, an argument of fair use can be made for proposed use of the items described above. The proposed use of the materials is closely related to the standards outlined in these Principles. Fair use documentation Description Argument Principle 4 (ARL) Creating digital collections of archival and special collections materials It is fair use to create digital versions of a library's special collections and archives and to make these versions electronically accessible in Limitations 1. Providing access to published works that are available in unused copies on the commercial market at reasonable prices should be undertaken with careful consideration, if at all. To the extent that the copy of such a work in particular collection is unique, access to unique aspects of the copy will be supportable under fair use. The presence of non-unique copies in a special collections can be indicated by descriptive entries without implicating copyright. 2. Where digitized special collections are posted online, reasonable steps should be taken to limit access to material likely to contain damaging or sensitive private information. appropriate contexts. 1. Careful consideration has been taken when deciding which items should be made available on the platform. 2. The materials made available on the platform have been carefully reviewed to ensure that damaging or sensitive private information is not published. 3. A preferred citation is provided for each item in the Archives portal.

5 3. Full attribution, in a form satisfactory to scholars in the field, should be provided for all special collections items made available online, to the extent that it is reasonable to do so. Enhancements 1. The fair use case will be even stronger where items to be digitized consist largely of works, such as personal photos, correspondence, or ephemera, whose owners are not exploiting the material commercially and likely could not be located to seek permission for new uses. 2. Libraries should consider taking technological steps, reasonable in light of both the nature of the material and of institutional capabilities, to prevent downloading of digital files by users, or else to limit the quality of files to what is appropriate to the use. 3. Libraries should also provide copyright owners with a simple tool for registering objections to online use, and respond to such objections promptly. 4. Subject to the considerations outlined above, a special collection should be digitized in its entirety, and presented as a cohesive collection whenever possible. 5. Adding criticism, commentary, rich metadata, 1. These items are letters. 2. Items will not be able to be downloaded from the LAADP. 3. The LAADP has a takedown notice. 4. These items have been digitized in its entirety, but the collection that it is a part of has not, as it is a large collection. However, a representative sample of the collection has been digitized for publication on the LAADP. 5. Rich metadata has been added to the items. 6. Outreach has been undertaken for the LAADP and its resources.

6 and other additional value and context to the collection will strengthen fair use. 6. The fair use case will be stronger when the availability of the material is appropriately publicized to scholars in the field and other persons likely to be especially interested. Drafted by Jasmine Jones February 25, 2015 Reviewed and Approved by Heather Briston March 2, 2015 Print statement and add to the collection folder