Orphans’ 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.
James 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.
Court transcript from Herbert Mitgang, et al., v. Google, Inc. September 23, 2013, hearing before Judge Denny Chin in the US District Court for the Southern District of New York.
image © Rock CohenOn March 3, 2014, the Library Copyright Alliance (LCA) submitted a response (PDF) to the European Union (EU) consultation on the review of copyright rules. The EU website provided a list of 80 questions for stakeholders to answer; the LCA response focuses on those questions most relevant to the library community. The categories of questions to which LCA responded cover digital transmissions, term of protection, limitations and exceptions, preservation and archiving, e-lending, mass digitization, teaching, research, and access for persons with disabilities.
Jonathan Band and Deborah Goldman provide examples of statutory limitations on contractual waivers of rights. These examples come from the US Code; the New York and California Codes; uniform acts; and the European Union. They provide ample precedent for Congress to adopt restrictions on the enforcement of contractual terms that attempt to limit exceptions to the Copyright Act such as first sale or fair use.
image © 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.
James 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.
SPEC Kit 336 explores research libraries’ participation in institutional efforts to train faculty, staff, students, and other researchers in the principles of responsible conduct of research (RCR) and ethical research practices. The survey includes questions on the institution’s training activities, on training roles currently undertaken by librarians, and on librarians’ willingness to expand instruction into the arena of responsible conduct of research. The SPEC Kit includes examples of RCR websites, citation management guides, and RCR workshop and tutorial materials, and information about academic integrity and plagiarism, using copyrighted materials, data management, and research animal welfare.
This publication is available for purchase in both print and online versions. Download the spec-kit-purchase-options-2013.pdf for complete pricing and purchase options information.
Link to the online SPEC Kit 336 on the ARL Digital Publications website.
This infographic by ARL, American University's (AU) Washington College of Law, and AU's School of Communication shows how and why libraries should use the Code of Best Practices in Fair Use for Academic and Research Libraries.
Yesterday, the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held another hearing on copyright review. This hearing focused on the scope of fair use and included five witnesses: Peter Jaszi (professor, American University), June Besek (professor, Columbia University), Naomi Novik (author and co-founder, Organization for Transformative Works), David Lowery (singer/songwriter and lecturer, University of Georgia), and Kurt Wimmer (general counsel, Newspaper Association of America). In advance of the hearing, the Library Copyright Alliance (LCA) submitted a written statement (PDF) discussing how libraries rely on fair use in order to serve their users and meet their mission, how the federal government relies on fair use for photocopying and in the patent examination process, and how rights holders rely on fair use in developing new works. The LCA statement concludes that no changes are needed to the fair use doctrine.