Tag Archives: arl

Library Copyright Alliance Submits Comments on Orphan Works

On Monday, January 14, 2013, the Library Copyright Alliance (LCA) (whose members are the American Library Association, Association of Research Libraries and Association of College and Research Libraries) filed comments (pdf) with the U.S. Copyright Office in response to their October 22, 2012, Notice of Inquiry about the current state of play with orphan works and mass digitization.

The Office is seeking comments regarding “what has changed in the legal and business environments during the past few years that might be relevant to a resolution of the problem and what additional legislative, regulatory, or voluntary solutions deserve deliberation.”

In its comments, LCA explains that “significant changes in the copyright landscape over the past seven years convince us that libraries no longer need legislative reform in order to make appropriate uses of orphan works.” Specifically, two key developments make it possible for libraries to engage in mass digitization and other projects that involve orphan works:

  • Court decisions have further solidified libraries’ rights under fair use; and
  • Libraries have successfully engaged in a range of projects involving orphan works and mass digitization.

While other communities may prefer greater certainty concerning what steps they would need to take to fall within a safe harbor, libraries can rely on their existing rights, including fair use. If Congress does consider legislation, LCA suggests that Congress abandon the overly complex arrangement it arrived at in 2008 and instead make a simple one sentence amendment to the Copyright Act giving courts the discretion to reduce or remit statutory damages in appropriate circumstances.

LCA also submitted to the Copyright Office a stand-alone policy statement on the kind of copyright reform that could benefit libraries. Originally published by LCA in May 2011, the statement emphasizes the same fundamental principles as the LCA comments: confident reliance on fair use and related rights together with the suggestion of simple reform focused on limiting remedies against libraries acting in good faith.

LCA encourages librarians and libraries to submit comments, which are due February 4, 2013, and can be submitted online at http://www.copyright.gov/orphan/.

Library Copyright Alliance Touts Copyright Exceptions at International Assembly

WIPO InteriorFor the last four years, advancement towards more flexible copyright law continues in earnest at the World Intellectual Property Organization’s 24th Copyright and Related Rights Standing Committee session (SCCR), which started on July 16, 2012, and will continue through July 25, 2012, in Geneva, Switzerland. The Library Copyright Alliance (LCA), represented by international copyright advocate and librarian, Lori Driscoll, is carrying the message that copyright exceptions for libraries ensure a vibrant arena for the creation and use of creative works as well as the advancement of learning.

Other library organizations attendees, such as the International Federation of Library Associations (IFLA), are working as well, and with LCA, influence the WIPO copyright agenda in powerful ways. The World Intellectual Property Organization (WIPO), known for its pro-rights holder inclination, is devoting more than half of its program to advance balanced international copyright law by discussing exceptions and limitations for libraries, education, and for people with print disabilities. Because U.S. copyright law is one of the most flexible copyright laws in the world, member nations of WIPO are eager to hear from U.S. libraries and to learn from our experiences.

The first agenda item discussed thus far at the ten-day session is copyright limitations and exceptions for educational institutions. In her statement (pdf), Driscoll pointed out that U.S. libraries and educational institutions are inherently linked and that without existing exceptions in the law, the advancement of education, scholarship and research would not be possible. Conversely, Driscoll warned the assembly that license terms and use of technological protection measures can inhibit educational progress in the digital era.

In the next seven days, the SCCR will turn their attention to library exceptions and an international treaty for a copyright exception for people with print disabilities. At diplomatic conferences such as WIPO, new treaties or resolutions advance at a slow pace, but the exceptional energy directed towards the rights of users of information is progressing steadily.

The Library Copyright Alliance is a coalition of the American Library Association (ALA), the Association of College and Research Libraries (ACRL) and the Association of Research Libraries (ARL). LCA represents over 100,000 libraries and 350,000 employees including those at public schools, colleges, and research institutions in the United States and Canada.

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.

U.S. Copyright Office Approves Fix for Sound Recordings

The United States Copyright Office has recommended that pre-1972 sound recordings should be protected by federal copyright law in its Report on Federal Copyright Protection for Pre-1972 Sound Recordings.  Currently, these older sound recordings are protected by state laws under which copyright exceptions such as library and archival preservation and fair use are uncertain.  This uncertainty leads to caution on the part of music librarians and archivists to actively preserve sound recordings— some in fragile or obsolete formats and extremely rare.

The American Library Association (ALA) and the Association of Research Libraries (ARL) argued in their comments to the Copyright Office that—while federalization of pre-1972 sound recordings would help clarify that library and archives are free to preserve sound recordings— an equally effective solution to the problem be supported.  Since any legislative change to the copyright law is fraught with uncertainty, a simple clarification from the Copyright Office that fair use doctrine applies to state-protected works would be more definite.

The library associations concerns about federalization are two-fold. First, any attempt to amend the copyright law would involve negotiations with rights holders who would fight to narrow library exceptions.  The primary copyright exception that would be affected by federalization is Section 108— the copyright exception that allows libraries and archives to make reproductions of protected works under certain conditions. This exception is essential to many library services including interlibrary loan, replacement and preservation. Previous attempts to reach consensus among stakeholders on changes to Section 108 have proven to be very controversial and far from successful as witnessed in the Section 108 Study Group undertaking.

Second, with federalization of pre-1972 sound recordings comes increased risk for librarians and archivists to be subject to copyright infringement remedies, including impoundment of copies and statutory damages of $750 to $30,000 per work infringed for registered works. This risk would have a particularly chilling effect on mass digitization efforts.  Conversely, state law remedies are small in comparison.

The Copyright Office ultimately decided that benefits of federalization of pre-1972 sound recordings outweighed the problems and said that federalization conformed with the intent of Congress to unify all works under one federal law.

Whether Congress will act on the Copyright Office recommendations is unknown.  But this seemingly minor course of action—protecting pre-sound recordings under federal law rather than state law—highlights the complexity of any legislative change to the copyright law. Not only are the end results of legislation indefinite, the effects of legislative change carry significant risk.

One very positive note – the Copyright Office said that “it seems likely that in any case in which an action by a library or archives would be considered a fair use under federal copyright law, it would also likely be considered permissible under state law.” (Report, p.136-137)  This recognition of fair use at the state level will be valuable to music librarians and archivists going forward, regardless of what Congress ultimately decides regarding federalization.

A handy survey of state laws governing sound recording is also available in the report.

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.

Topic du jour? Access!

Things are heating up in Washington – and we’re not just talking about the temperature!  Access is the topic du jour this week!  Much is happening on a number of fronts – from Congress to the U.S. Copyright Office to the FCC with regard to access and accessibility.  Advances in technology are spurring legislative and regulatory action to ensure Internet and telecommunications services are accessible to all Americans – whether it’s updating the Americans with Disabilities Act, ensuring public access to taxpayer-funded research or protect intellectual freedom by keeping an open, neutral Internet.  Here’s the roundup.

Section 1201

It’s far too rare that we librarians, libraries and the public who use them (ok, everyone) get as big a win as we all did on Monday.   The ALA, along with ACRL and ARL (together known as the bad-a$$ Library Copyright Alliance, a.k.a. the LCA), took time to applaud the Librarian of Congress for broadening exceptions to Section 1201 of the Digital Millennium Copyright Act.  In other words, all faculty (not just media and film profs.) in colleges and universities in the U.S. can circumvent technological protection measures when creating film clip compilations for classroom and educational use.  And, it gets better, higher ed. students in film and media classes can do the same – a first for extending this exception to students!

The Librarian of Congress’s decision also granted other exceptions, too.   Of particular interest to us librarians includes the renewal of the exception to circumvent protections that block the read-aloud/screen-reader function on e-books – a win for those with reading disabilities.  And perhaps the “sexiest” exception garnering the most popular press is the Librarian’s green light to “jailbreak” iPhones – a positive move toward more interoperability.

Quite honestly, the entire rulemaking exceeded my colleagues and my expectations – what a way to start the week!

Also, it is worthy to note that so many in the library community and beyond deserve a pat on the back for these wins – it truly did take a village.

Accessibility

On Monday, the 20th anniversary of the Americans with Disabilities Act, the U.S. House of Representatives passed the Twenty-first Century Communications and Video Accessibility Act of 2010, H.R. 3101, with an overwhelming majority voting in favor of the bill (328 ayes to 23 nays).  This bill, along with its companion in the Senate, is important to the public because it requires Internet providers to make available Internet and assistive technologies to be usable, compatible and available to provide same-time access to the disabled.

We now turn our attention on the Senate’s companion bill, the Equal Access to 21st Century Communications Act, S. 3304, which recently moved to the full Committee on Commerce, Science, and Transportation from the Subcommittee on Communications and Technology.  One House down, one Senate to go…

It’s FRPAA time! (ok, make that “Federal Research Public Access Act of 2009” time!)

Such a long name for a simple concept – providing open, free access to federally funded research we, the public as taxpayers, have already paid for!

On Thursday, July 29 at 2:00 p.m. the U.S. House of Representatives Committee on Oversight and Government Reform’s Information Policy, Census and National Archives Subcommittee will hold a hearing on FRPAA, H.R. 5037.  The fact that this hearing has been scheduled is good news from the library community’s perspective because it will provide yet another opportunity to explain why we think the public should have no-fee, timely access to federally funded research.

Specifically, H.R. 5037 and its companion in the Senate, S. 1373, would require agencies and departments with annual extramural research budgets over $100 million to make available via the Internet the final manuscript of articles resulting from research funded by U.S. taxpayers (you).

And, of course, we wouldn’t be good librarians if we didn’t worry about preservation! Fortunately, the legislation requires the manuscripts to be maintained and preserved in a digital archive, ensuring the research is and will continue to be available to the public.  Undoubtedly, such an archive would allow librarians in our schools, our colleges and universities and our public libraries the ability to better assist library patrons with their information and research needs as well as allow direct access for everyone.

House hearings are typically webcast, so tune in tomorrow to watch all three witness panels testify on this issue!

Net Neutrality

Finally, a note about ALA’s recent activity on Internet or “net” neutrality – the ALA filed comments in response to the FCC’s Notice of Inquiry (NOI) on July 15. We discussed our filing in support of net neutrally in a post a couple weeks ago.  In addition, the ALA also joined forces with ARL and EDUCAUSE  in a separate filing in support of net neutrality stressing that libraries, librarians and higher education and those we serve rely on a fast, reliable and open Internet.  Expect much more to come on this issue in coming weeks and months…

Corey Williams
Associate Director, OGR

Library associations release guide on Google Book Search amended settlement agreement

The American Library Association (ALA), the Association of Research Libraries (ARL) and the Association of College and Research Libraries (ACRL) announce the release of “A Guide for the Perplexed Part III: The Amended Settlement Agreement.” The guide describes the major changes in the amended settlement agreement (ASA), submitted to the Court by Google, the Authors Guild and the Association of American Publishers on November 13, 2009, with emphasis on those changes relevant to libraries.

While many of the amendments will have little direct impact on libraries, the ASA significantly reduces the scope of the settlement because it excludes most books published outside of the United States.  In addition, the ASA provides the Book Rights Registry the authority to increase the number of free public access terminals in public libraries that had initially been set at one per library building, among other changes.

Looking ahead, the Court has accepted the parties’ recommended schedule and set January 28, 2010, as the deadline for class members to opt out of the ASA or to file objections, and February 4, 2010, as the deadline for the Department of Justice to file its comments.  The Court will hold the fairness hearing on February 18, 2010.

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