Library Copyright Alliance Comments on Transatlantic Trade and Investment Partnership
image © ed_needs_a_bicycleOn May 10, the Library Copyright Alliance (LCA) submitted comments (PDF) on the Transatlantic Trade and Investment Partnership (TTIP), a trade agreement currently being negotiated between the US and the European Union (EU). While negotiations are still in their preliminary stages, LCA urges the inclusion of provisions to harmonize public access to the results of government-funded research. LCA also cautions against the inclusion of an intellectual property chapter in the agreement.
Impact of Supreme Court Decision in Kirtsaeng v. Wiley: LCA Releases Issue Brief
image © Chrystal Parsons
In "The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries" (PDF), Jonathan Band explains the recent copyright decision on the scope of the "first sale" doctrine, its context, and its likely consequences for libraries in the US. In short, the Supreme Court's opinion is a landmark victory that strengthens the legal foundation of library lending, and the Court's extensive reliance on the Library Copyright Alliance's amicus brief shows the importance of library engagement in policy debates. Continued vigilance will be necessary, Band explains, as rights holders disappointed with the Court's majority opinion could go to Congress for a change to the law.
Library Copyright Alliance Statement on Supreme Court Decision in Kirtsaeng v. Wiley—Total Victory for Libraries and Their Users
image © Chrystal ParsonsToday the US Supreme Court announced its much-anticipated decision in Kirtsaeng v. Wiley, a lawsuit regarding the bedrock principle of the “first sale doctrine.” The 6-3 opinion is a total victory for libraries and our users. It vindicates the foundational principle of the first sale doctrine—if you bought it, you own it. All who believe in that principle, and the certainty it provides to libraries and many other parts of our culture and economy, should join us in applauding the Court for correcting the legal ambiguity that led to this case in the first place. It is especially gratifying that Justice Breyer’s majority opinion focused on the considerable harm that the Second Circuit’s opinion would have caused libraries.
First Sale: The Public View & Fast Facts for Libraries
Two organizations in which ARL partners recently released informational resources about the first-sale doctrine and the Supreme Court case Kirtsaeng v. Wiley & Sons:
The Public View: Two-Minute “Person on the Street” Video by Owners’ Rights Initiative
First-Sale Fast Facts for Libraries: One-Page Summary by Library Copyright Alliance (PDF)
Reply Brief for Petitioner in Kirtsaeng v Wiley
The case of Kirtsaeng v. Wiley & Sons, a case in which the key issue is the proper scope of the "first-sale doctrine" in copyright law. In this case, the first-sale doctrine is being challenged by a publisher who seeks to block re-sale in the US of the cheap editions of textbooks it authorized to be printed and sold abroad.
Amici Curiae Brief in Support of Kirtsaeng
The Association of Research Libraries (ARL) joined the American Library Association (ALA) and the Association of College and Research Libraries (ACRL), who all work collectively as the Library Copyright Alliance (LCA), to file an amicus curiae brief with the Supreme Court of the United States in support of petitioner Supap Kirtsaeng in the case Kirtsaeng v. Wiley & Sons.
Costco v. Omega: Amicus brief in support of Costco
Brief Amici Curiae of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in Support of Petitioner.
The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries
On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.
Libraries Support H.R. 107, Digital Media Consumers' Rights Act
H.R. 107, the Digital Media Consumers' Rights Act, is needed to restore a proper balance in copyright law between the rights of copyright users and the rights of copyright owners--a balance that is essential to the future conduct of research and education in the digital age.
Statement of Miriam M. Nisbet, H.R. 107, Digital Media Consumers' Rights Act (May 12, 2004)
Testimony urging Congress to support the Digital Media Consumers?? Rights Act.
Testimony of Peter Jaszi on H.R. 107, the Digital Media Consumers’ Rights Act (May 12, 2004)
Testimony delivered on behalf of the Digital Future Coalition.
Letter to Sam Brownback re: Consumers, Schools and Libraries Digital Rights Management Awareness Act of 2003 (Sept. 24, 2003)
Library association letter endorsing the "Consumers, Schools and Libraries Digital Rights Management Awareness Act of 2003," S. 1621.
Sec. 104 of the Digital Millennium Copyright Act
Comments of the Digital Future Coalition
Inquiry Regarding Sections 109 and 117 (Docket No. 000522150-0150-01)