Category Archives: OITP

Intellectual Property Access for the World

On Tuesday, Rep. Henry Waxman (D-CA) and four other members of Congress supported an extension to a waiver requiring least developed countries (LDCs) to comply with world trade agreements. The LDCs are seeking policy flexibility to develop domestic technological and creative capacity before having to adopt the highest standards of intellectual property protection and enforcement.

In summary, the World Trade Organization waiver would extend intellectual property rights under the Trade-Related Aspects of Intellectual Property Rights Agreement for LDCs until they individually graduated from LDC status. These waivers affect the price, availability and use of resources in libraries for education, research and personal development, as well as access to affordable medicines, agricultural goods and renewable technologies.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

“Unlocking Technology,” Common Sense Legislation

Last week, Rep. Zoe Lofgren (D-CA) introduced the Unlocking Technology Act, H.R. 1892, copyright legislation that would allow consumers to circumvent digital rights management on smart phones, e-readers, DVDs, and other digital products for non-infringing purposes.

As one who has prepared for and attended the Copyright Office’s triennial 1201 rulemaking proceedings for the past 14 years, all I can say is “hallelujah.” The Library Copyright Alliance (LCA), of which ALA is a member, posted this statement (pdf) in response to the announcement.

 

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

LCA Comments on Transatlantic Trade and Investment Partnership (TTIP)

Library Copyright AllianceThe Library Copyright Alliance (of which ALA is a member) has released these comments (pdf) regarding United States negotiating stance on the Transatlantic Trade and Investment Partnership (TTIP) questioning whether the United States should negotiate an intellectual property section in the trade agreement given the differences between EU and US copyright laws.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

Hooray for Hollywood? Choosing maximum copyright over justice

Hollywood

I’ll participate on a conference call regarding the  World Intellectual Property Organization Treaty (WIPO) for people with print disabilities next week. As usual, there will be 4-5 representatives from the associations for the blind and US libraries that support the treaty, which would allow greater access to reading material for people who are blind or have other print disabilities. All of the others on the call will be opposed to the treaty, maybe 15-20 representatives of the publishing and motion picture industries. I can understand why the publishing industry would be interested in the treaty since we are talking about an exception to copyright for print materials. They hold copyrights for print materials. But why Hollywood? Why do they have a bone to pick when their economic interests focus on copyright holdings – motion pictures and other media – which were excluded from the treaty altogether, hence the purposeful name — Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities?

The treaty would create a copyright exception for authorized entities (non-profit organizations like the National Library for the Blind, Bookshare, and libraries) to make accessible copies of print materials for the print disabled on request. In addition, the treaty would allow nations to share or make accessible copies for the print disabled in other countries – many who have almost no access to reading materials. This is a beneficial policy proposal that includes many already negotiated caveats that would protect the interests of rights holders.

Over the last five years, this treaty has been moving forward in the negotiation process with stops and starts along the way, concessions here and language changes there, but that is expected path of international treaty development. In February of this year, after a weeklong negotiation session, WIPO member nations agreed it was the time for a diplomatic conference, one of the final steps in enacting the treaty. Then (“lights, camera, action”) comes the motion picture industry who has aggressively lobbied the state department and government officials, calling for opposition to the treaty. The industry has gone so far as to contact every foreign embassy to urge their nations’ WIPO representatives to oppose the treaty. Hollywood has usurped the role of the US delegation to WIPO by clamoring to higher echelons of the federal government.

Why the opposition? Chris Dodd, former U.S. Senator and now chairman and CEO of the Motion Picture Association of America (MPAA), explained that the treaty has become “a vehicle to weaken copyright and ultimately undermine the global marketplace.” Holy crap! Leave it to the MPAA to come up with some kind of “shock and awe” statement to freak people out. The MPAA still supports a treaty for the print disabled, but it must not weaken copyright protection. Additional provisions to the treaty must be added to make the treaty as weak and as difficult to implement as possible.

The planned diplomatic conference to finalize the treaty will continue to take place this June, but many are not optimistic. Now with United States government support for maximalist copyright on behalf of the motion picture industry (from an earlier, relatively balanced approach to the treaty), this meaningful treaty —to help visually impaired people who have the audacity to hope, the audacity to read —has becomes meaningless.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

Thank you, Karen Archer Perry

Karen Archer Perry

Via the Knight Foundation’s flickr

Today is Karen Archer Perry’s last day at the Bill & Melinda Gates Foundation. Formally, she is a senior program officer at the Foundation, responsible for overseeing various grants in the Global Libraries Program. Less formally, we see her as an energetic, caring, committed thought partner and insightful strategist for the national library community. On behalf of the American Library Association (ALA) and several other leading members of the library community, we want to thank Karen for her service to the library field and wish her the best in her future endeavors—which we hope will include libraries.

“Given Karen’s impact on the library community, no one person can really do justice to a proper thank you,” said Emily Sheketoff, Executive Director of the ALA Washington Office. “So we thought that we would collect thoughts from several of us and publish them together. As for me, I admire her determination in pushing for new opportunities for libraries with federal agencies.”

“Karen’s enthusiasm and energy for her work with and for libraries is palpable—and contagious,” said Larra Clark, Program Director at ALA’s Office for Information Technology Policy (OITP). “It has been a pleasure to share this fever and work together for libraries. Karen has brought creativity, deep knowledge, and ambition to her collaborations. I deeply appreciate these qualities and how it has made my own work better and stronger.”

From Alan S. Inouye, OITP Director: “I think of Karen as the ‘connecting the dots person.’ Actually, we have few such people in the library community at the national level. In some respects, it is not surprising. Most people must focus on running their library, applying for E-rate, interpreting copyright law and licensing agreements, or developing new online applications. Few of us think about and understand how each piece relates to each other and to pieces outside of the library community—much less do it strategically and effectively. In a time of fundamental change, like the present, the field really needs people to connect the dots. This is Karen’s substantive contribution that I will miss the most, though perhaps Karen will be able to engage with libraries in her future endeavors. I sure hope so, as we need every national and policy strategist that we can find!”

“Karen started out as the program officer for our Broadband Technology Opportunities Program (BTOP) support grant from the Foundation, but quickly grew to be much more than that,” said Ann Joslin, Idaho State Librarian and President, Chief Officers of State Library Agencies (COSLA). “A conversation with her at the 2012 ALA Midwinter Meeting in Dallas started changing my view of potential roles for COSLA. That was followed by her encouragement and support for the Public Access Technology Community (PAT-C) project, coordinating meetings of state library agency people with key Federal Communications Commission teams, introducing COSLA members to others in the philanthropic arena who have interests in common with COSLA, and taking a lead role in the Foundation’s Bold Visions convening held at the 2012 ALA Annual Conference in Anaheim. In short, Karen’s support and advocacy helped bring COSLA to a crossroads with the 18-month expansion of the PAT-C project and an organizational planning process. And she’s a heck of a lot of fun to work with!”

Susan McVey, Director, Oklahoma Department of Libraries, observes that “I have many ‘Karenisms,’ but one of my favorites is in reference to allowing space for a discussion on the challenges in implementing BTOP grants was to describe it as ‘coming to a meeting without your makeup on.’ That kind of permission to recognize both sides of a situation is all too rare and important. She is a force of nature and accomplished so much while she was with us. I will miss her!”

Lee Rainie, Director of the Pew Research Center’s Internet Project, notes that Karen “is the best kind of advocate and overseer of grants like the one the Gates Foundation has given Pew Internet: She has been assertive when that was the requirement; deferential when we needed to seize the bit; creative in working through challenges; supportive when mystery fogged the windshield; patient when we had to wait for data to be collected; trusting and open-minded when we pitched new ideas; a great translator when others had to be told who we were and what we were doing; a quick and deep study of our material when she had to master it and describe it to others; collaborative always; haughty never (a special feat when the words ‘Bill & Melinda Gates’ are connected to your job).  Above all, Karen’s special talent is her ‘brightness’ in all senses of that word. She clearly is really smart. Just as important, she’s a light shiner and pathway forger. It’s a wonderful combination of traits that make journeys with her fun. If we’re lucky, we’ll have more of them.”

“Karen’s departure from the Gates Foundation is a hard pill to swallow,” said John Windhausen, Executive Director, Schools, Health, & Libraries Broadband (SHLB) Coalition. “She combines an ‘on-the-ground’ feel for how libraries serve their communities with a great strategic vision of how libraries can expand their future role in a world of tumultuous technological change. Her creativity and thoughtfulness have been enormously helpful, and you can see that her work is driven by a passion for helping people and communities.”

About Larra Clark

As Director of OITP's Program on Networks, and Associate Director of OITP's Program on America’s Libraries for the 21st Century, Larra’s responsibilities include overall management of OITP’s telecommunications portfolio and day-to-day management of our projects in partnership with the Bill & Melinda Gates Foundation. Previously, she served as the project manager in the ALA Office for Research & Statistics for three years.