image © 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:
image © 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:
On June 10, 2014, the Court of Appeals for the Second Circuit affirmed the lower court decision in Authors Guild v. HathiTrust in favor of HathiTrust Digital Library.
On July 8, 2014, the Library Copyright Association filed an amicus brief for Authors Guild v. Google, Inc. in the US Court of Appeals for the Second Circuit.
image © Thomas HawkThe Library Copyright Alliance is extremely pleased with today’s decision by the US Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust, finding in favor of fair use. The Library Copyright Alliance filed an amicus brief (PDF) in the case, supporting HathiTrust’s position and the lower court’s finding of fair use.
NYPL, photo by Carol M. HighsmithToday, June 2, 2014, Greg Cram, associate director of copyright and information policy at the New York Public Library (NYPL), testified on the importance of the first sale doctrine to libraries at “First Sale under Title 17,” a field hearing held by the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. The Library Copyright Alliance—which consists of the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries—endorsed Cram’s public support for the first sale doctrine.
Orphans’ 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.
Carla Myers, image courtesy CU Colorado SpringsOn May 13, 2014, the American Library Association (ALA) awarded Carla Myers the 2014 Robert L. Oakley Memorial Scholarship. The Library Copyright Alliance—which consists of ALA, the Association of Research Libraries (ARL), and the Association of College and Research Libraries (ACRL)—established the Robert L. Oakley Memorial Scholarship to support research and advanced study for librarians in their early-to-mid-careers who are interested and active in intellectual property, public policy, copyright, and their impacts on libraries.
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.
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.