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<nettime> ALAWON v6, n117 - ACTION ALERT: COPYRIGHT LEGISLATION (1 of 3) |
[public_content_003] ================================================================= ALAWON Volume 6, Number 117 ISSN 1069-7799 December 18, 1997 American Library Association Washington Office Newsline In this issue: (200 lines) - - -ACTION ALERT: PRESIDENTS OF MAJOR LIBRARY ASSOCIATIONS ISSUE JOINT APPEAL FOR IMMEDIATE CONGRESSIONAL CONTACTS IN SUPPORT OF PENDING DIGITAL COPYRIGHT LEGISLATION - - -AN OPEN LETTER TO THE LIBRARY COMMUNITY . . . _________________________________________________________________ NOTE: This message, and important supporting material, has been transmitted in 3 parts. This ALAWON is part 1 of 3. ACTION ALERT: PRESIDENTS OF MAJOR LIBRARY ASSOCIATIONS ISSUE JOINT APPEAL FOR IMMEDIATE CONGRESSIONAL CONTACTS IN SUPPORT OF PENDING DIGITAL COPYRIGHT LEGISLATION As detailed in the unusual letter that immediately follows this alert, ALA President Barbara Ford and her counterparts at three of the nations other major library associations have jointly called upon librarians to act **immediately** in support of two pieces of landmark copyright legislation now pending before Congress. Specifically, the presidents of AALL, ALA, ARL and SLA are jointly urging each of their 75,000 combined members to encourage both of their Senators to cosponsor Sen. John Ashcroft's (R-MO) "Digital Copyright Clarification and Technology Act" (S. 1146) and their House Representative to cosponsor the "Digital Era Copyright Enhancement Act," introduced by Reps. Rick Boucher (D-VA) and Tom Campbell (R-CA) (H.R. 3048). ALAWON readers will recall substantial activity in Washington (and last winter in Geneva, Switzerland) directed toward updating the nation's copyright laws for the digital age. The introduction of the separate Senate and House bills cited above constitutes tremendous legislative progress toward ALA's goal of preserving the current balance in copyright law between protecting information and affording access to it. This progress is attributable in large measure to the work of the Digital Future Coalition (DFC), which ALA helped to found and in which it takes an active role. (DFC summaries of both S. 1146 and H.R. 3048 are included in the third part of this transmission.) Both Sen. Ashcroft's bill (S. 1146) and the Boucher/Campbell proposal (H.R. 3048) would affirmatively modify current law to make clear that Fair Use fully applies in the networked environment and that preservationists may use the latest technologies and methods. In addition, Rep. Boucher's bill would extend the First Sale Doctrine -- the basis of all library lending -- to the electronic environment. All three bill sponsors also have demonstrated their commitment to assuring that no library or librarian should be legally liable for any copyright infringement committed by a library user acting independently. The presidents make clear in their letter that they view S. 1146 and H.R. 3048, taken together, as the best approach to updating the Copyright Act to meet the challenges of the digital environment while, at the same time, preserving the critical balance between copyright owners and users in the electronic age. ACTION ALERT: Your help is needed in the next several weeks in assisting Sen. Ashcroft and Reps. Boucher and Campbell to persuade other members of the Senate and House to cosponsor S. 1146 and H.R. 3048, respectively. All ALA members -- and library supporters or all kinds -- are urgently requested to: - - -- study the attached fact sheets detailing the intent and provisions of S. 1146 and H.R. 3048; - - -- write to your House and Senate delegations requesting co-sponsorship of these bills (separate sample letters for the Senate and House are included in part 2 of this message); and - - -- call and visit the members of your Congressional delegation before January 25, 1998 and ask them specifically to "cosponsor" S. 1146 or H.R. 3048, as appropriate. Let Congress know that you care about updating copyright law for all Americans. Libraries' effectiveness and vitality in the 21st century depends on them...and on you. For information about contacting your Senators and Representatives and further background on this critical legislation, please consult the ALA Washington Office website at http://www.ala.org/washoff or the Digital Future Coalition's home page at http://www.dfc.org. Inquiries also may be directed to Adam Eisgrau, legislative counsel for the ALA Washington Office, at 800/941-8478. ________________________________________________________________ AN OPEN LETTER TO THE LIBRARY COMMUNITY . . . December 5, 1997 Dear Library Supporter: As the presidents of four of the nation's major library associations, we write to ask for your assistance in garnering support for two pieces of federal legislation of critical importance to the library community, indeed to libraries in every community. These bills are Sen. John Ashcroft's (R-MO) "Digital Copyright Clarification and Technology Act" (S. 1146) and the "Digital Era Copyright Enhancement Act," jointly introduced by Representatives Rick Boucher (D-VA) and Tom Campbell (R-CA) (H.R. 3048). In our view, these proposals present the best approach to updating the Copyright Act to meet the challenges of the digital environment while, at the same time, preserving the critical balance between copyright owners and users in the electronic age. Both bills include provisions which are essential to libraries if we are to effectively serve our patrons, scholars, researchers, and students in the networked environment. We seek your immediate help in assisting Sen. Ashcroft and Reps. Boucher and Campbell to persuade other members of the Senate and House to cosponsor S. 1146 and H.R. 3048, respectively. WHY THIS EFFORT IS IMPORTANT TO ALL LIBRARIES Each year, millions of researchers, students, and members of the public benefit from access to library collections -- access that is supported by fair use, preservation programs, interlibrary loan, and more. We must ensure that the Copyright Act continues to serve the public who rely upon these collections and services. The Ashcroft and Boucher-Campbell bills seek to update the Copyright Act by extending the balance that we currently enjoy so that owners, creators, and users alike may benefit fully from the opportunities of the digital environment. These bills appropriately extend the balance by clarifying or updating selected privileges granted to libraries, researchers, educational institutions and others under current law. ACTION IS NEEDED NOW! Accordingly, we are asking the members of our Associations -- and all other library supporters -- to: -study the attached fact sheets and sample letter detailing the intent and provisions of S. 1146 and H.R. 3048; -write to your House and Senate delegations requesting co-sponsorship of these bills; and -call and visit the members of your Congressional delegation and ask them to cosponsor S. 1146 or H.R. 3048, as appropriate. Senator Ashcroft, and Representatives Boucher and Campbell, would appreciate our help in achieving passage of this potentially landmark legislation. The most critical first step in this process is to engage members of Congress and seek their endorsement of these bills. Let Congress know now the importance of updating the Copyright Act for your institution, your users, and of ensuring that libraries will be able to effectively serve the nation in the information age. Thank you. Our associations stand ready to assist you in any way that we can. Please do not hesitate to call upon us and to let us know of your efforts. Sincerely, Judith A. Meadows, President American Association of Law Libraries Barbara J. Ford, President American Library Association James G. Neal, President Association of Research Libraries Judith J. Field, President Special Libraries Association _________________________________________________________________ ALAWON is a free, irregular publication of the American Library Association Washington Office. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc @ala.org. To unsubscribe, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/ washoff/alawon. Visit our Web site at http://www.alawash.org. ALA Washington Office 202.628.8410 (V) 1301 Pennsylvania Ave., NW, #403 202.628.8419 (F) Washington, DC 20004-1701 800.941.8478 (V) Lynne E. Bradley, Editor <leb@alawash.org> Deirdre Herman, Managing Editor <alawash@alawash.org> Contributors: Adam Eisgrau All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. ================================================================= To: pub-adv@s1.net From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@ALAWASH.ORG> Reply-To: pub-adv@s1.net ================================================================= ALAWON Volume 6, Number 118 ISSN 1069-7799 December 18, 1997 American Library Association Washington Office Newsline In this issue: (106 lines) SAMPLE LETTERS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE RE: REQUEST FOR COSPONSORSHIP OF CRITICAL COPYRIGHT LEGISLATION _________________________________________________________________ NOTE: This message, and important supporting material, has been transmitted in 3 parts. This ALAWON is part 2 of 3. NOTE: To contact your Senators or Representatives, one source is a Library of Congress compilation at http://lcweb.loc.gov/global/legislative/email.html. SAMPLE LETTER FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES Hon. (Name of Representative) United States House of Representatives Room #, (Cannon, Longworth, or Rayburn) House Office Building Washington, D.C. 20515 Re: Request for Cosponsorship of Critical Copyright Legislation Dear Representative (Last Name): I recently learned that bipartisan legislation has been introduced in the House by Reps. Rick Boucher of Virginia and Tom Campbell of California which would broadly update United States copyright law for the future in a way that will both protect the owners of information and continue to allow librarians and educators access to information under reasonable circumstances. I am writing to you today to ask that you lend your name to that legislation, the Digital Era Copyright Enhancement Act, which has been assigned number H.R. 3048. As a [librarian/school librarian/library user/library trustee/friend of libraries], I feel strongly that any changes made to the Copyright Act must be balanced in a way that allows the benefits of the Internet to reach all sectors of society, especially library users and students. The Boucher/Campbell bill will accomplish this very important goal in several important ways. When Congress reconvenes in January, please add your name to H.R. 3048 as a cosponsor. Thank you for your assistance in this important debate. Sincerely, _________________________________________________________________ SAMPLE LETTER FOR MEMBERS OF THE SENATE Hon. (Full Name) United States Senate Room #, (Dirkson, Hart, or Russell)Senate Office Building Washington, D.C. 20510 Re: Request for Cosponsorship of Critical Copyright Legislation Dear Senator (Last Name): I recently learned that legislation has been introduced by Senator John Ashcroft of Missouri which would broadly update United States copyright law for cyberspace in a way that will both protect the owners of information and continue to allow librarians and educators access to information under reasonable circumstances. I am writing to you today to ask that you lend your name to that legislation, the Digital Copyright Clarification and Technology Education Act, which has been assigned number S. 1146. As a [librarian/school librarian/library user/library trustee/friend of libraries], I feel strongly that any changes made to the Copyright Act must be balanced in a way that allows the benefits of the Internet to reach all sectors of society, especially library users and school children. The Ashcroft bill will accomplish this very important goal in several important ways. When Congress reconvenes in January, please add your name to S. 1146 as a cosponsor. Thank you for your assistance in this important debate. Sincerely, _________________________________________________________________ ALAWON is a free, irregular publication of the American Library Association Washington Office. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc @ala.org. To unsubscribe, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/ washoff/alawon. Visit our Web site at http://www.alawash.org. ALA Washington Office 202.628.8410 (V) 1301 Pennsylvania Ave., NW, #403 202.628.8419 (F) Washington, DC 20004-1701 800.941.8478 (V) Lynne E. Bradley, Editor <leb@alawash.org> Deirdre Herman, Managing Editor <alawash@alawash.org> Contributors: Adam Eisgrau All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. ================================================================= To: pub-adv@s1.net From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@ALAWASH.ORG> Subject: ALAWON v6, n119 - ACTION ALERT: COPYRIGHT LEGISLATION (3 of 3) Reply-To: pub-adv@s1.net ================================================================= ALAWON Volume 6, Number 119 ISSN 1069-7799 December 18, 1997 American Library Association Washington Office Newsline In this issue: (213 lines) - - -THE BOUCHER-CAMPBELL BILL (H.R. 3048) WHAT DOES IT DO? WHY DOES DFC SUPPORT IT? - - -THE ASHCROFT BILL (S. 1146) WHAT DOES IT DO? WHY DOES DFC SUPPORT IT? _________________________________________________________________ NOTE: This message, and important supporting material, has been transmitted in 3 parts. This ALAWON is part 3 of 3. NOTE: The Digital Future Coalition (DFC) is a coalition of library, education, public interest and industry organizations committed to balanced copyright policy. ALA helped to found the coalition and takes an active role in its work. THE BOUCHER-CAMPBELL BILL (H.R. 3048) WHAT DOES IT DO? WHY DOES DFC SUPPORT IT? Representatives Rick Boucher (D-VA) and Tom Campbell (R-CA) have introduced the only comprehensive bill in the U.S. House of Representatives that will maintain balance in the Copyright Act by preserving for consumers, educators, librarians, researchers, and other Netizens fundamental rights in the digital era. Like a similar bill introduced by Senator John Ashcroft (S. 1146), this comprehensive, balanced bill has the strong support of the DFC. If you agree with us that the House of Representatives should adopt the Boucher-Campbell bill instead of the legislation proposed by the Clinton Administration (H.R. 2281), we encourage you to send an e-mail to your elected Representative in the House. SECTION 1--TITLE. The bill is known as the "Digital Era Copyright Enhancement Act." FAIR USE. Section 2 would amend section 107 of the Copyright Act to reaffirm that a finding of "fair use" may be made without regard to the means by which a work has been performed, displayed, or distributed. Thus, just as teachers, librarians, and others may make "fair use" copies of portions of copyrighted works today in the analog world, they may do so tomorrow in the digital world. LIBRARY PRESERVATION. Section 3 would amend section 108 of the Copyright Act to allow libraries and archives to use new forms of technology to make three copies of endangered materials for archival purposes. FIRST SALE. Section 4 would amend section 109 of the Copyright Act to establish the digital equivalent of the "first sale" doctrine. Under current law, a person who has legally obtained a book or video cassette may physically transfer it to another person without permission of the copyright owner. Section 4 would permit electronic transmission of a lawfully acquired digital copy of a work as long as the person making the transfer eliminates erases or that copy of the work from his or her system at substantially the same time as he or she makes the transfer. DISTANCE LEARNING. Section 5 would amend sections 110(2) and 112(b) of the Copyright Act to ensure that educators can use personal computers and new technology in a broad range of educational settings in the same way they now use televisions to foster distance learning. In addition, Section 5 would broaden the range of works that may be performed, displayed, or distributed to include the various kinds of works that might be included in a multimedia lesson. EPHEMERAL COPIES. Section 6 would amend section 117 of the Copyright Act to make explicit that electronic copies of material incidentally or temporarily made in the process of using a computer or a computer network may not serve as the sole basis for copyright infringement liability, such as when a work is viewed on the World Wide Web. UNFAIR LICENSES. Section 7 would effectively preclude copyright owners from using non-negotiable license terms to abrogate or narrow rights and use privileges that consumers otherwise would enjoy under the Copyright Act, such as their fair use privilege, by preempting state common and statutory law, such as the proposed changes to the Uniform Commercial Code. BLACK BOXES. Section 8 would implement the anti-circumvention and copyright management information provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The treaties do not require the broad prohibition of software and devices that might be used by infringers as proposed in the legislation drafted by the Clinton Administration. Consistent with the treaties, section 8 would create liability only for a person who, for purposes of infringement, knowingly circumvents the operation of an effective technological measure used by a copyright owner to limit reproduction of a work in a digital format. The bill also would create liability for a person who knowingly provides false copyright management information or removes or alters copyright management information without the authority of the copyright owner, and with the intent to mislead or induce or facilitate infringement. _________________________________________________________________ THE ASHCROFT BILL (S. 1146) WHAT DOES IT DO? WHY DOES DFC SUPPORT IT? Senator John Ashcroft (Missouri) has introduced the only comprehensive bill that will maintain balance in the Copyright Act by preserving for consumers, educators, librarians, researchers, and other Netizens fundamental rights in the digital era. The bill contains three separate titles. They are summarized below. If you agree with us that Congress should enact this law instead of separate legislation proposed by the Clinton Administration, we encourage you to send an e-mail to Senators on the Judiciary Committee. TITLE I. OSP/ISP LIABILITY To foster the continued growth of the Internet, this portion of the bill would-- -clarify that merely providing network services and facilities for transmitting an electronic communication will not result in liability under the Copyright Act; -confirm that providing a site-linking aid, a navigational aid (including a search engine or browser), or the tools for creating a site-linking aid will not result in liability under the Copyright Act; -clarify that Internet and on-line service providers will not be liable for third-party copyright infringement unless they have received notice and have a reasonable opportunity to limit the third-party infringement; and -confirm that an employee of an educational institution, library, or archives will not be deemed to have received notice and thus will not be required to "take down" an allegedly infringing work if she believed the use was a fair use or otherwise lawful. TITLE II. TECHNOLOGY FOR TEACHERS AND LIBRARIANS Section 202 would amend section 107 of the Copyright Act to reaffirm that a finding of "fair use" may be made without regard to the means by which a work has been performed, displayed, or distributed. Thus, just as teachers, librarians, and others may make "fair use" copies of portions of copyrighted works today in the analog world, they may do so tomorrow in the digital world. Section 203 would amend section 108 of the Copyright Act to allow libraries to use new forms of technology to make three copies of endangered materials for archival purposes. Section 204 would amend section 110(2) and 112(b) of the Copyright Act to ensure that educators can use personal computers to foster "distance learning" in a broad range of educational settings in the same way they use televisions in traditional classrooms today. Section 205 would amend section 117 of the Copyright Act to make explicit that electronic copies of material incidentally or temporarily made in the process of using a computer or a computer network may not serve as the sole basis for copyright infringement liability, such as when a work is viewed on the World Wide Web. TITLE III. WIPO IMPLEMENTATION Sections 1201 and 1202 would implement provisions of two international copyright treaties adopted by the World Intellectual Property Organization. The WIPO treaties oblige signatory nations to offer legal protection against circumvention of technology intended to protect copyrighted material against infringement, but do not require the broad prohibition of software or devices that might be used by infringers. Section 1201 would only create liability for a person who--for purposes of infringing a copyrighted work--knowingly circumvents the application of an effective anti-copying measure used to protect a work in a digital format. In contrast, the legislation proposed by the Clinton Administration at the urging of Hollywood and other content owners could outlaw new PCS and digital VCRs, and frustrate the fair use rights of information consumers. Section 1202 would create liability for a person who knowingly provides false copyright management information or who removes or alters copyright management information without the authority of the copyright owner. _________________________________________________________________ ALAWON is a free, irregular publication of the American Library Association Washington Office. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc @ala.org. To unsubscribe, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/ washoff/alawon. Visit our Web site at http://www.alawash.org. ALA Washington Office 202.628.8410 (V) 1301 Pennsylvania Ave., NW, #403 202.628.8419 (F) Washington, DC 20004-1701 800.941.8478 (V) Lynne E. Bradley, Editor <leb@alawash.org> Deirdre Herman, Managing Editor <alawash@alawash.org> Contributors: Adam Eisgrau All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. ================================================================= [via RRE] --- # distributed via nettime-l : no commercial use without permission # <nettime> is a closed moderated mailinglist for net criticism, # collaborative text filtering and cultural politics of the nets # more info: majordomo@icf.de and "info nettime" in the msg body # URL: http://www.desk.nl/~nettime/ contact: nettime-owner@icf.de