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Orphan Works and Mass Digitization: LCA Submits Comments to Copyright Office

orphans-home-atchison-kansas-1911-postcardOrphans’ Home, Atchison, Kansas, 1911, image © Thiophene GuyOn Friday, May 16, 2014, the Library Copyright Alliance (LCA) submitted additional comments on orphan works and mass digitization (PDF) in response to the US Copyright Office’s notice of inquiry. These comments address the discussions from the March 10–11, 2014, public meeting, noting the complete lack of consensus on these issues, the concerns regarding extended collective licensing solutions, and the appropriateness of best practices developed by user communities. Transcripts of the first day (PDF) and the second day (PDF) of the public meeting are available on the Copyright Office website.

 
 

Library Associations Select Robert Oakley Scholarship Winner

carla-myersCarla Myers, image courtesy CU Colorado SpringsOn May 13, 2014, the American Library Association (ALA) awarded Carla Myers the 2014 Robert L. Oakley Memorial Scholarship. The Library Copyright Alliance—which consists of ALA, the Association of Research Libraries (ARL), and the Association of College and Research Libraries (ACRL)—established the Robert L. Oakley Memorial Scholarship to support research and advanced study for librarians in their early-to-mid-careers who are interested and active in intellectual property, public policy, copyright, and their impacts on libraries.

 
 

Orphan Works and Mass Digitization Roundtables: Myths and Realities of Copyright and Fair Use

orphans-home-atchison-kansas-1911-postcardOrphans’ Home, Atchison, Kansas, 1911, image © Thiophene GuyOn March 10–11, 2014, the US Copyright Office convened roundtables on orphan works and mass digitization. Several participants attacked fair use and libraries, misstated the purpose of the copyright system in the United States, or inaccurately portrayed the activities of HathiTrust. An ARL Policy Notes blog post examines some of these misconceptions, or myths, cited at the roundtables and responds to these inaccuracies. An earlier ARL Policy Notes blog post recaps the roundtable discussions, which covered best practices, fair use, licensing solutions, and the issue of whether orphan works and mass digitization need to be treated separately.

 
 

ARL Joins Amicus Brief in Garcia v. Google Copyright Case

film-reelimage © CoyauOn Friday, April 11, 2014, the Association of Research Libraries (ARL), along with the American Library Association, Association of College and Research Libraries, and other organizations, joined an amicus brief authored by the Electronic Frontier Foundation in Garcia v. Google. The brief urges the US Court of Appeals for the Ninth Circuit to reconsider its decision in this copyright case in which a 2-1 panel ruled in favor of Cindy Lee Garcia, one of the actors in the film Innocence of Muslims. Garcia claimed a copyright interest in her performance after being tricked into appearing in a five-second clip of the film and subsequently sought takedown of the film from YouTube, which is owned by Google.

 
 

Garcia v. Google Amicus Brief

In April 2014, the Association of Research Libraries signed on to the Garcia v. Google amicus brief. In the brief, the Electronic Frontier Foundation (EFF) urges a federal appeals court to reconsider its decision to order Google to take down a controversial video while a copyright lawsuit is pending as the decision sets a dangerous precedent that could have disastrous consequences for free speech.

April 11, 2014 EFF Press Release

pdf amicus-brief-garcia-vs-google-15apr2014.pdf

 
 

Jim Neal's Supplemental Testimony for Hearing on Preservation and Reuse of Copyrighted Works

James G. Neal, Vice President for Information Services and University Librarian for Columbia University in the City of New York, testified at the April 2, 2014 Hearing on Preservation and Reuse of Copyrighted Works for the Committee on the Judiciary, Subcommittee on Courts, Intellectual Property and the Internet. This is his supplemental testimony, which expands upon some issues that came up in the hearing.

pdf testimony-supplement-Jim-Neal-9apr2014.pdf

 
 

Fair Use Promoted at House of Representatives Copyright Hearing

james-neal-testifying-at-house-copyright-hearingJames Neal testifying at House copyright hearingJames G. Neal, Columbia University’s university librarian and vice president for information services, served as the voice of libraries to the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Wednesday, April 2, 2014, when the subcommittee held a hearing on preserving and reusing copyrighted work. The hearing, “Preservation and Reuse of Copyrighted Works,” explored a variety of copyright issues, including orphan works, mass digitization, and specific provisions of the Copyright Act that concern preservation by libraries and archives.

 
 

Columbia’s James Neal Testifies before US House Judiciary Subcommittee Hearing on Preservation and Reuse of Copyrighted Works

james-g-nealJames G. NealOn Wednesday, April 2, 2014, the US House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet continued its copyright review. This hearing focused on “Preservation and Reuse of Copyrighted Works” with six panelists: Gregory Lukow (chief, Packard Campus for Audio Visual Conservation, Library of Congress), Richard Rudick (co-chair, Section 108 Study Group), James G. Neal (vice president for information services and university librarian, Columbia University), Jan Constantine (general counsel, the Authors Guild), Michael C. Donaldson (partner, Donaldson + Callif, LLP, on behalf of Film Independent and International Documentary Association), and Jeffry Sedlik (president and chief executive officer, PLUS Coalition). Written testimony from each witness is available on the House Judiciary Committee website.

James Neal’s statement (PDF), endorsed by the Library Copyright Alliance (LCA), provides that the “overarching point is that the existing statutory framework, which combines the specific library exceptions in Section 108 with the flexible fair use right, works well for libraries, and does not require amendment.” In reaching this point, the written statement goes through four issues: (1) the importance of library preservation, (2) how the library exceptions under Section 108 supplement rather than supplant fair use, (3) the diminished need for orphan works legislation, and (4) perspective on the HathiTrust case.

 
 
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