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Copyright

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

 
 

Letter to Steve Leggett re: comments in support of a study on the current state of recorded sound preservation in the United States (Jan. 26, 2007)

This statement is submitted on behalf of the Association of Research Libraries (ARL) in response to the request by the Library of Congress for comments in support of a study on the current state of recorded sound preservation in the United States. Sound recordings are a critically important part of our Nation's cultural and educational landscape. As a consequence, the scope of these collections within the ARL community is significant and diverse. Unfortunately, these collections are also in various stages of risk.

pdf lt-leggett-avmaterials-study-26jan07.pdf

 
 

Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations

This document, prepared by the Association of American Publishers, the Association of American Universities, the Association of American University Presses, and the Association of Research Libraries, is intended to present a basic explanation of copyright law with an emphasis on its application to colleges and universities.

pdf campus-copyright-dec05.pdf

 
 

The Google Print Library Project: A Copyright Analysis

On August 11, 2005, Google announced that it would not scan copyrighted books under its Print Library Project until November, so that publishers could decide whether they want to opt their in-copyright books out of the project. Given the confusion in press reports describing the project, publishers should carefully study exactly what Google intends to do and understand the relevant copyright issues. This understanding should significantly diminish any anxiety publishers possess about the project.

pdf band-gbs-copyright-analysis-11aug05.pdf

 
 

Detailed Responses to Section 108 Working Group Questions

The Section 108 Study Group released a Background Paper and requested comments on issues relating to library and archival exceptions under Section 108. The library community provided written and oral statements to the Study Group. Based on the additional input from the library community, the responses in this document provide greater detail and in some instances, clarify the earlier statements filed in conjunction with the March Roundtables and the request for comment by the Study Group.

pdf section108-working-group-2006.pdf

 
 

Part II: Detailed Responses to Section 108 Working Group Questions

The American Library Association and the Association of Research Libraries convened a workshop to consider and receive additional input from members of the library and archival communities regarding the deliberations of the Section 108 Study Group. The Section 108 Study Group is examining the exceptions and limitations available to libraries and archives under Section 108 of the Copyright Act and considering changes to better meet the needs of libraries and archives in the digital environment.

pdf part-ii-detailed-responses-to-section-108-working-group-questions.pdf

 
 

The ALA and ARL Position on Access and Digital Preservation: A Response to the Section 108 Study Group

In response to issues raised by initiatives such as the National Digital Information Infrastructure and Preservation Program (NDIIPP), in spring 2005 the U.S. Copyright Office and the Library of Congress convened the Section 108 Study Group. The Study Group is charged to investigate whether Section 108 of the Copyright Act, which grants exceptions to libraries and archives, should be updated to better address the use of digital technologies and networked-based resources.

pdf dig-preservation-study-response-09nov06.pdf

 
     

Letter to Mary Rasenberger re: Section 108 Study Group (Apr. 24, 2006)

Based on discussions during the Los Angeles, CA and Washington, D.C. roundtables, the Association of Research Libraries (ARL) and the American Library Association (ALA) submit the following additional comments on the Section 108 Study Group efforts.

pdf ltr-rasenberger-108-24apr06.pdf

 
   

Letter to Mary Rasenberger re: Section 108 Study Group (Feb. 22, 2006)

The Association of Research Libraries and the American Library Association request that Sherrie Schmidt, Arizona State University, and Ken Frazier, Director, University of Wisconsin, Madison, participate in the Section 108 Study Group Roundtable Discussions in Los Angeles and Washington, D.C.

pdf ltr-rasenberger-108-22feb06.pdf

 
 

In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Comments from the Library Associations

Comments submitted in response to the US Copyright Office's Notice of Inquiry (NOI) dated October 15, 2002, on whether noninfringing uses of certain classes of works are likely to be adversely affected by section 1201(a)(1) of the Copyright Act, which prohibits the circumvention of measures that effectively control access to copyrighted works. These comments were submitted on behalf of five major library associations--American Association of Law Libraries (AALL), American Library Association (ALA), Association of Research Libraries (ARL), Medical Library Association (MLA), and Special Libraries Association (SLA).

pdf noi1201comments18dec02.pdf

 
   

H.R.2408 - Public Domain Enhancement Act

To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.

View document(s) here »

 
   

Letter to Jule L. Sigall re: Orphan Works Notice of Inquiry (Mar. 25, 2005)

College Art Association response to the Copyright Office's notice of inquiry concerning orphan works.

pdf caa-orphan-works-comments.pdf

 
 

Letter to Jule L. Sigall re: Orphan Works Notice of Inquiry (Mar. 25, 2005)

Library Copyright Alliance response to the Copyright Office's Notice of Inquiry concerning orphan works.

pdf lca-comment-25mar05.pdf

 
     

A New Day for the DMCA: The Chamberlain and Lexmark Decisions

Recent circuit-level decisions in Chamberlain v. Skylink and Lexmark v. Static Control Components interpreted the Digital Millenium Copyright Act in a manner that will prevent its use to restrict legitimate competition in after-market components. By placing on plaintiffs the burden of proving intent to infringe copyright, judges on both panels not only dictate the correct outcome in these cases, but also provided defendants in other cases a way to short-circuit litigation when infringement is nowhere to be seen. Published in Electronic & Commerce Law Vol. 9 No. 45 (November 2004).

pdf band-dmca-chamberlain-lexmark-24nov04.pdf

 
 
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