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Letter to Howard L. Berman and Howard Coble re: H.R. 5889 (May 5, 2008)

Letter from the Library Copyright Alliance expressing appreciation for the introduction of H.R. 5889, which limits remedies in copyright infringement cases involving orphan works.

pdf lt-berman-coble-hr5889-05may08.pdf

 
 

Letter to John Conyers and Lamar Smith re: H.R. 4279, Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act) of 2007 (Mar. 5, 2008)

Letter from Library Copyright Alliance and others supporting the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act) of 2007, H.R. 4279 with some changes.

pdf lt-proipact-05mar08.pdf

 
   

Introducing Author Rights [video script]

Transcript of the "Introducing Author Rights" video.

pdf author-rights-video-script.pdf

 
 

Letter to Howard L. Berman and Howard Coble re: Orphan Works Hearing (Mar. 12, 2008)

Library Copyright Alliance letter expressing gratitude to the Subcommittee for holding a hearing on orphan works—the LCA's top legislative priority.

pdf lca-orphanworkshearing-12march2008.pdf

 
 

The Threat Posed By Inflated Statutory Damages: Comments on the January 25, 2008 Meeting Hosted by the Copyright Office

The PRO IP Act (H.R. 4279) proposes to weaken the long established "one work" rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under currentlaw, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components. Section 104 of the PRO IP Act seeks to undo a central underpinning of statutory damages: ensuring that the damages award for infringement of a compilation does not result in catastrophic multiple awards through a separate award for each component of that compilation.

pdf inflate-stat-damages-104comments-25jan08.pdf

 
 

Letter to Howard L. Berman and Howard Coble re: Section 104 of HR 4279 (Dec. 12, 2007)

Letter from the Library Copyright Alliance expressing concerns with Section 104 of HR 4279 and its impact on orphan works.

pdf ltr-lca-120dec7.pdf

 
 

Educational Fair Use Today

Three recent appellate decisions concerning fair use should give educators and librarians greater confidence and guidance for asserting this important privilege. In all three decisions, the courts permitted extensive copying and display in the commercial context because the uses involved repurposing and recontextualization. The reasoning of these opinions could have far-reaching implications in the educational environment.

pdf band-edu-fair-use-today-dec07.pdf

 
 

Greenberg v. National Geographic Society: Amicus Brief in support of National Geographic Society

Two photographers claimed that the inclusion of their photographs in the National Geographic Society's (NGS) CD-ROM version of the NGS magazine violated their copyrights and that the NGS was not exempt under Section 201(c) of the Copyright Act.

pdf amici-greenberg-18oct07.pdf

 
 

Greenberg v. National Geographic Society, Appeal from the United States District Court for the Southern District of Florida (Jun. 13, 2007)

This case presents the question of whether Section 201(c) of the Copyright Act accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues.

pdf greenbergreversal13june07.pdf

 
 

Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use [executive summary]

While policymakers pay much attention to copyrights, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of Fair Use, are vital to many industries and stimulate growth across the economy.

pdf ccia-fair-use-study-exec-2006.pdf

 
 

Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use

Summary findings of a study conducted to quantify the economic contribution of fair use to the US economy.

ppt ccia-fair-use-study-slides.ppt

 
     

Letter to Deborah Platt Majoras re: In the Matter of Consumer Fair Use and Related Rights (Aug. 1, 2007)

Letter from library associations in support of the the request for investigation and complaint for injunctive relief filed by the Computer & Communications Industry Association (CCIA) in the matter of Consumer Fair Use and Related Rights.

pdf ftc_complaint_01aug07.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

 
   

Author Rights Resources

Bibliography of author rights resources compiled by ARL and SPARC.

pdf author-rights-resources-jun07.pdf

 
 

Supplemental Comments of the American Association of Law Libraries, the American Library Association, the Association of Research Libraries and the Special Libraries Association on the Second Draft Consolidated Texts of the Free Trade Area of the America

Supplemental comments in response to the notice and request for public comments on the Second Draft Consolidated Texts of the Free Trade Area of the Americas Agreement (FTAA), December 27, 2002. These comments supplement those previously submitted by AALL, ALA and other organizations, and address, in particular, the FTAA provisions on copyright within the section on intellectual property rights

pdf ftaa-lib-assoc-supp-comments-nov03.pdf

 
 

Issues in Scholarly Communication: Discussion Leader's Guide: Author Rights II: Institutional Strategies for Enhancing Rights Management

These guides are tools designed for library leaders to use for organizing a summer- or semester-long discussion series. Each guide offers a brief scoping statement, a suggested reading or resource to review, and a set of discussion questions to launch an hour-long informal conversation among library staff.

pdf brown-bag-author-rights2-may08.pdf

 
 

Issues in Scholarly Communication: Discussion Leader's Guide: Author Rights: An Introductory Discussion

These guides are tools designed for library leaders to use for organizing a summer- or semester-long discussion series. Each guide offers a brief scoping statement, a suggested reading or resource to review, and a set of discussion questions to launch an hour-long informal conversation among library staff.

pdf brown-bag-author-rights1-may08.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

 
 

Eldred v. Ashcroft: Amicus Brief in support of Eldred

The U. S. Court of Appeals for the District of Columbia Circuit ("DC Circuit") erroneously held that Congress' grant of twenty additional years of copyright protection as set forth in the Copyright Term Extension Act (CTEA) 2 is constitutional.

pdf amicus-eldred-20may02.pdf

 
   

Metro-Goldwyn-Mayer Studios v. Grokster and Jerry Leiber Music v. Grokster: Amicus brief in support of Grokster

Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Northern California, American Library Association, Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Internet Archive, and Project Gutenberg in Support of Defendants-Appellees and Urging Affirmance of The District Court's Grant of Partial Summary Judgment.

pdf amicus-grokster-26sep03.pdf

 
 

Metro-Goldwyn-Mayer Studios, Inc, v. Grokster, Ltd.: Amicus brief in support of Grokster.

Brief of the American Civil Liberties Union, the American Civil Liberties Union of Northern California, the American Civil Liberties Union Foundation of San Diego and Imperial Counties, the American Library Association, the Association of Research Libraries, the American Association of Law Libraries, the Medical Library Association, the Law Library Association, the Internet Archive, and Project Gutenberg as amici curiae in support of respondents.

pdf amicus-supremecourt-grokster-2003.pdf

 
 

Letter to Representatives re: H.R. 1201, The FAIR USE Act (Mar. 21, 2007)

Letter from the Library Copyright Alliance (LCA) strongly supporting the introduction of the Freedom And Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201.

pdf ltr_fairuse-cosponsor-hr-21mar07.pdf

 
   

Library Copyright Alliance Strongly Supports HR 1201, the FAIR USE Act (Feb. 7, 2007)

Library Copyright Alliance (LCA) press release in support of the introduction of the Freedom and Innovation Revitalizing US Entrepreneurship (FAIR USE) Act of 2007, HR 1201.

pdf lca_fair_use_feb07.pdf

 
 
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