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Inquiry Regarding Sections 109 and 117: Reply Comments of the Library Associations

The June 5, 2000, Request for Public Comment inquires about the effects of the amendments made by title 1 of the Digital Millennium Copyright Act ("DMCA") and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of those sections. The Libraries would like to address several issues raised by interested parties, as well as respond herein to questions regarding Section 117 of the DMCA.

pdf dmca-section109-comments-05jun00.pdf

 
 

Memorandum re: Digital Millennium Copyright Act of 1998

This memo will address an issue that has arisen regarding interpretation of Section 108(a)(3) of the Copyright Act, 17 U.S.C. §108(a)(3), as amended in the Digital Millennium Copyright Act of 1998 ("DMCA").

pdf dmca-section108-memo-081999.pdf

 
 

Primer on the Digital Millenium: What the Digital Millenium Copyright Act and the Copyright Term Extension Act Mean for the Library Community

The Digital Millennium Copyright Act ("DMCA"), which is the centerpiece of the legislative strategy for the Clinton Administration and Congressional leaders responsible for copyright bills, was passed in the closing days of the 105th Congress. It is a very complex Act, which generated controversy and left unfinished business in its wake. As a result, high on the list of "must-dos" for the 106th Congress will be issues leftover from the DMCA.

pdf primer-digital-millenium1999.pdf

 
   

Library OSP Letter to the House and the Senate re: On-line service providers' liability for copyright infringement (Mar. 30, 1998)

Letter from library and higher education organizations thanking Congressional representatives for their attention to assuring that any statute designed to clarify the limit of an on-line service provider's liability for copyright infringement appropriately accommodates the unique nature of libraries.

pdf hatch-osp-letter-30mar98.pdf

 
 

Testimony Before the U.S. Copyright Office Public Hearing on Distance Education (Feb. 12, 1999)

Comments underscore the need for a change in Section 110(2) "to enable the display and performance of copyrighted works at remote locations at times selected by students" and to ask that "the distinction in current law between types of works that qualify for a distance education performance exemption be eliminated.

pdf hogan-testimony-12feb99.pdf

 
       

Fair Use in Digital Environments: The Work of the Conference on Fair Use (CONFU)

Paper disucssing fair use in digital environments, and particularly about the work of the Conference on Fair Use (or CONFU) to work out guidelines for "fair use" in educational and library settings now that digital, networked communication and publishing is becoming common. Presented at The National Federation of Abstracting and Information Services in Philadelphia, PA on February 27, 1996.

pdf fairuse-confu-27feb96.pdf

 
 

Fair Use in the Electronic Age: Serving the Public Interest

This statement, released on January 18, 1995, outlines the lawful uses of copyrighted works by individuals, libraries, and educational institutions in the electronic environment. The statement was developed by representatives of the following associations: American Association of Law Libraries, American Library Association, Association of Academic Health Sciences Library Directors, Association of Research Libraries, Medical Library Association, and Special Libraries Association.

pdf fair-use-in-the-electronic-age-serving-the-public-interest-1995.pdf

 
 

Intellectual Property: An ARL Statement of Principles

This statement of seven principles adopted by the ARL Membership in May 1994 affirms the rights and responsibilities of the research library community in the area of copyright.

pdf intellectual-property-an-arl-statement-of-principles-1994.pdf

 
 
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