Two Sides of the Same Coin? Open Access and Fair Use

While Open Access (OA) is a seemingly ever-growing field of variations to what is "open," are OA, open content, open source, and other variations on this theme all in fact endeavoring to provide broader public access to materials produced and housed by galleries, libraries, archives, and museums (collectively GLAMs)? Yet, doesn't the further utilization of fair use by GLAMs endeavor to do the same thing? Particularly since the 2015 publication of CAA's Code of Best Practices in Fair Use for the Visual Arts, more and more GLAMs are seeking to open more collections at the same time they are seeking to implement more fair use. Therefore, how can GLAMs use both to reach the shared goal of both OA and fair use to providing broader public access? Can GLAMs actually consider OA and fair use to be two sides of the same coin? While the concept of OA continues to evolve to include more and more content, is there an opportunity for GLAMs in the United States to further consider how fair use can work with OA? Should fair use be integrated as part of the defining scope of OA? Or conversely, should OA initiatives be part of fair use by GLAMs or even added to CAA's Code of Best Practices in Fair Use for the Visual Arts? This presentation aims to raise these points for consideration and posit how both OA and fair use can be further leveraged by GLAMs.