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Statistics & Assessment

Voluntary Consensus Standards and in Conformity Assessment Activities

This memo summarizes the key rulings in the Georgia State University (GSU) lawsuit and discusses some possible consequences for libraries generally.

pdf memo_gsudirectors_15may12.pdf

 
 

Mandatory Public Access to Federally Funded Research Does Not Violate Copyright Obligations

Statement from ARL, SPARC, and ALA refuting the argument of several publishers of scientific, technical, and medical (STM) journals who argued that proposed legislative changes to the NIH Public Access Policy would violate U.S. treaty obligations under Article 13 of TRIPS and Article 9 of the Berne Convention, and potentially constitute a "compulsory license."

pdf public-access-statement-nih-july07.pdf

 
   

GSU Fair Use Order

This is a copyright infringement case brought against various officials of the University System of Georgia, including officials of Georgia State University. Plaintiffs are three publishing houses who claim that Defendants are responsible for infringement of their copyrighted works. They complain of Georgia State's practice of allowing professors and other instructors to utilize electronic systems to reproduce and distribute excerpts from copyrighted works for academic use by Georgia State students, without paying copyright fees to them. Plaintiffs seek injunctive and declaratory relief.

pdf gsu-fairuse-order-30sept10.pdf

 
 

Library Copyright Alliance Supports Orphan Works Reform

Orphan works are works whose copyright owners cannot be identified and located. Libraries and archives possess millions of orphan works in their collections, in the form of photographs, letters, manuscripts, drawings, and older books. These works often have great historic and cultural significance. However, because the copyright owners cannot be located, libraries cannot obtain the rights holders' permission to make these works widely available to the public. This leaves libraries on the horns of a dilemma. Libraries can either disseminate the works and face the risk of the copyright owners demanding statutory damages and injunctive relief; or leave the works in archives, where few people can see them.

pdf orphanworkslcasupports.pdf

 
 

Letter to Jim Sensenbrenner, Jr. and W.J. "Billy" Tauzin re: "Database and Collections of Information Misappropriation Act" Discussion Draft (Sept. 8, 2003)

Letter from the Net Coalition regarding the "Database and Collections of Information Misappropriation Act" ("Discussion Draft" or "Draft"), specifically several provisions that would be unnecessarily punitive to the Internet community but would exceed other similar federal statutes.

pdf lt-netcoalition-databases-08sep03.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

 
 

Letter to Orrin Hatch and Patrick J. Leahy re: S. 2560, Inducing Infringement of Copyrights Act of 2004 (Oct. 6, 2004)

Letter from public interest organizations asking the Senators not to bring up S. 2560 at their scheduled Executive Business Meeting on October 7.

pdf lt_oppose-2560-06oct04.pdf

 
   

The Digital Millenium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers

One of the principal provisions of the Digital Millennium Copyright Act ("DMCA") is a limitation on the potential money damages that Online Service Providers ("OSPs"), including libraries and educational institutions, could face when they function like a common carrier, allowing online users access to copyrighted material placed there by someone else. Rather than confront huge financial claims if the third party material infringes someone's copyright, OSPs can escape liability provided they comply with these new rules.

pdf dmca-highlights-limitation-of-liability.pdf

 
 
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