image © Thomas HawkJonathan Band, policybandwidth and legal counsel to the Library Copyright Alliance (LCA), released on July 7, 2014, an analysis of the recent Authors Guild v. HathiTrust decision, “What Does the HathiTrust Decision Mean for Libraries?” (PDF). As Band notes, “The decision has implications for libraries that go far beyond the specific facts of the case. This paper offers some preliminary thoughts on what these implications may be.” The paper reviews several issues including mass digitization and storage, access to works, suggestions concerning other forms of access, and associational standing. Band concludes:
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.
Letter to Ambassador Ron Kirk, United States Trade Representative, concerning the US proposal for copyright exceptions and limitations in the Trans-Pacific Partnership (TPP) Agreement
Orphans’ 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.
NYPL, photo by Carol M. HighsmithToday, June 2, 2014, Greg Cram, associate director of copyright and information policy at the New York Public Library (NYPL), testified on the importance of the first sale doctrine to libraries at “First Sale under Title 17,” a field hearing held by the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. The Library Copyright Alliance—which consists of the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries—endorsed Cram’s public support for the first sale doctrine.
image © ed_needs_a_bicycleOn July 9, 2014, ARL joined 34 other organizations in sending a letter to ministers of the Trans-Pacific Partnership (TPP) negotiating parties, expressing opposition to the copyright term of life plus 70 years proposed by the United States. These organizations—representing libraries, archives, authors, educators, students, digital rights advocacy groups, and technological innovators—note that this extended copyright term threatens the public domain. The letter states:
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.
ARL joined 28 other organizations and 71 individuals in a letter opposing a copyright term of life plus 70 years in the Trans-Pacific Partnership Agreement (TPP). Authors of the letter, sent to TPP negotiators on December 6, 2013, noted, “There is no benefit to society of extending copyright beyond the 50 years mandated by the WTO. While some TPP countries, like the United States, Mexico, Peru, Chile, Singapore or Australia, already have life + 70 (or longer) copyright terms, there is growing recognition that such terms were a mistake, and should be shortened, or modified by requiring formalities for the extended periods.”
image © Thomas HawkThe Library Copyright Alliance is extremely pleased with today’s decision by the US Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust, finding in favor of fair use. The Library Copyright Alliance filed an amicus brief (PDF) in the case, supporting HathiTrust’s position and the lower court’s finding of fair use.
Carla 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.