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Authors Guild v. HathiTrust: Implications for Libraries

open-book-folded-pagesimage © 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:

 
 

Coalition Opposes Copyright Term Extension in Trans-Pacific Partnership Agreement

container ship on oceanimage © 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: 

 
 

Library Copyright Alliance Additional Comments on Commerce Department Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On January 8, 2014, the Library Copyright Alliance (LCA), of which ARL is a member, provided these additional comments on a number of issues raised in the recent US Department of Commerce “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy. These comments focus on four issues: the recent fair use court decision in the case Bouchat v. Baltimore Ravens, digital preservation, remixes, and collective rights organizations.

pdf lca-commerce-dept-copyright-green-paper-8jan2014.pdf

 
 

Library Copyright Alliance Comments on Commerce Department Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On November 13, 2013, the Library Copyright Alliance (LCA), of which ARL is a member, provided these comments on a number of issues raised in the recent US Department of Commerce “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy. LCA commented on issues relating to statutory damages, online licensing, collective rights organizations, and contractual restrictions on copyright exceptions.

pdf lca-commerce-dept-copyright-green-paper-13nov2013.pdf

 
 

Intellectual Property: An ARL Statement of Principles

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.

pdf intellectual-property-an-arl-statement-of-principles-1994.pdf

 
 

Fair Use in the Electronic Age: Serving the Public Interest

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.

pdf fair-use-in-the-electronic-age-serving-the-public-interest-1995.pdf

 
 

Letter to Ron Kirk re: Trans-Pacific Partnership (TPP) Agreement (Aug. 15, 2012)

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

pdf ltr-to-kirk-from-lca-re-tpp-15aug2012.pdf

 
 

Orphan Works and Mass Digitization: LCA Submits Comments to Copyright Office

orphans-home-atchison-kansas-1911-postcardOrphans’ 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.

 
 
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