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Resource Packet on Orphan Works: Legal and Policy Issues for Research Libraries

There is long-standing interest in identifying orphan works, books that are subject to copyright but whose copyright holders cannot be identified or contacted. Orphan works comprise a significant percentage of ARL collections, and there is deep interest in making these works discoverable and more accessible. Recently, the University of Michigan announced the initiation of the Orphan Works Project. The focus of the project is on US digitized books held by HathiTrust, a partnership of major research institutions and libraries working to ensure that the cultural record is preserved and accessible long into the future.

pdf resource_orphanworks_13sept11.pdf

 
 

Research Library Issues, no. 276 (Sept. 2011)

RLI issue 276 includes:

  • Ahead of the Storm: Research Libraries and the Future of the Research University
  • Collecting Small Data
  • Copyfraud and Classroom Performance Rights: Two Common Bogus Copyright Claims
 
 

Library Copyright Alliance Statement on Copyright Reform

In the wake of Judge Chin's rejection of the Google Books Settlement, there has been a renewed interest in legislative solutions to a variety of copyright issues affecting libraries, including those implicating the mass digitization of books, the use of orphan works, and the modernization of 17 U.S.C. §108 (particularly preservation). The Library Copyright Alliance, comprised of the American Library Association (ALA), the Association of College and Research Libraries (ACRL), and the Association of Research Libraries (ARL), has several general comments on possible efforts to address these issues via legislation.

pdf lca_copyrightreformstatement_16may11.pdf

 
     

Letter to Federal Trade Commission re: Proposed Consent Agreement In the Matter Google, Inc. (Google Buzz), File No. 1023136 (Apr. 26, 2011)

ARL comments to the FTC on the proposed consent agreement, specifically, regarding privacy issues raised by the Google Books product, which involves both searching and selling books.

pdf gbs-privacycomments_26apr11.pdf

 
 

Re: Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972

The Association of Research Libraries and the American Library Association provide reply comments on the desirability of bringing under federal protection sound recordings fixed before February 15, 1972.

pdf arl-ala_soundrecordingcomments_13apr11.pdf

 
 

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not "fair, reasonable, and adequate" as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper discusses the opinion and where it leaves Google Books Search.

pdf guide-for-perplexed-part4-apr11.pdf

 
 

Library Copyright Alliance: Copyright Still a Barrier to Mass Digitization

Statement concerning the decision in the proposed settlement of the Google Books lawsuit.

pdf lca_gbsstmt24mar11.pdf

 
 

GBS March Madness: Paths Forward for the Google Books Settlement

This chart attempts to diagram some of the possible paths forward following the fairness hearing on the Google Books Settlement.

pdf gbs-march-madness-diagram-final.pdf

 
 

Code of Best Practices in Fair Use for Academic Libraries

This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.

A PDF is available here pdf code-of-best-practices-fair-use.pdf

Print copies are also available for $2.00 each plus shipping & handling. Order from ARL Publications.

 
 

Research Library Issues, no. 273 (Dec. 2010)

RLI issue 273 includes:

  • Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
  • The Importance of Net Neutrality to Research Libraries in the Digital Age
  • Challenges in Employing Fair Use in Academic and Research Libraries
  • Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation
 
   

Letter to Tracey L. Armstrong re: Copyright Clearance Center (CCC) underwriting litigation (Nov. 11, 2010)

Letter expressing ARL's disappointment with the decision by the Copyright Clearance Center (CCC) to underwrite 50% of the plaintiffs' costs in the litigation by three publishers against Georgia State University.

pdf lt-ccc-gsu-11nov12.pdf

 
       

LCA and Other Groups Join Electronic Frontier Foundation to File Amicus Brief in UMG v. Veoh

The Library Copyright Alliance (LCA) joined a coalition of public interest and technology groups in an amicus curie or “friend of the court” brief written by the Electronic Frontier Foundation (EFF) asking the Ninth Circuit to reject the arguments made by Universal Music Group (UMG) and affirm the lower court's decision in UMG v. Veoh. The case involves the legal “safe harbor” for online service providers hosting content on the web. The safe harbor protects online service providers from damages liability if a third party using the online service infringes copyright.

 
 

LCA Applauds Librarian of Congress in Broadening Exceptions to Section 1201 of the Digital Millennium Copyright Act

The Library Copyright Alliance (LCA) applauds yesterday’s decision issued by the Librarian of Congress to significantly broaden the exemption for the creation of film clip compilations for classroom and educational use to all college and university faculty, regardless of academic discipline. According to Section 1201 (a) (1) of the Digital Millennium Copyright Act (DMCA), the Librarian of Congress is allowed once every three years to adopt exceptions to the anti-circumvention provisions that place technological protections on copyrighted works. In this latest round of exemptions, the Librarian of Congress, acting on the Register of Copyright’s recommendations, ruled in accordance to the requests made by Library Copyright Alliance members—the American Library Association (ALA), the Association of College and Research Libraries, and the Association of Research Libraries (ARL).

 
 

UMG Recordings v. Veoh Networks: Amicus Brief in Support of Veoh

Brief of Amici Curiae Electronic Frontier Foundation, Internet Archive, American Library Association, Association of Research Libraries, Association of College and Research Libraries, Computer and Communications Industry Association, Public Knowledge, Center for Democracy and Technology and Netcoalition in Support of Appellees and Affirmance

pdf amicus_umg_veoh_072310.pdf

 
 

Letter to Justin Hughes re: WIPO Revised Provisions for the Protection of Traditional Cultural Expressions (July 21, 2010)

Comments on the WIPO Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore (WIPO/GRTKF/IC/16/4).

pdf ltr-lca_wipo_tce_21jul10.pdf

 
 

Research Library Issues, no. 270 (June 2010)

RLI issue 270 includes:

  • Celebrating 10 Years of ARL’s Initiative to Recruit a Diverse Workforce
  • ETDs and Graduate Education: Programs and Prospects
  • Urban Copyright Legends
  • Open Access Week: Library Strategies for Advancing Change
 
       

ARL, Center for Social Media, PIJIP to Prepare Code of Best Practices in Fair Use for Academic and Research Libraries

Announcement that of ARL's joint project with the Center for Social Media at American University, and the Program on Information Justice and Intellectual Property in American University's Washington College of Law, to prepare a code of best practices in fair use for academic and research libraries.

pdf fair-use-code-1pager.pdf

 
     

Concerns with the Leaked Internet Chapter of ACTA

Analysis of the U.S. proposal for an Internet chapter in the Anti-Counterfeiting Trade Agreement (ACTA), which was leaked to the press and widely disseminated on the Internet.

pdf acta-leak-24mar10.pdf

 
 

Bouchat v. Baltimore Ravens: Amicus Brief

Motion of International Documentary Association, American Library Association, Association of Research Libraries, Association of College and Research Libraries and The WGBH Educational Foundation For Leave To File An Amici Curiae Brief in Support of Defendants-Appellees' Petition For Rehearing or Rehearing En Banc

pdf amicus_bouchatvravens092010.pdf

 
 
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