image © Mario LapidOn July 23, 2014, the Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed a statement (PDF) with the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet for the subcommittee’s July 24 hearing on copyright remedies. The LCA statement focuses on problems with statutory damages. The statement notes that the existing safe harbor requiring a court to remit statutory damages when a library, archive, educational institution, or public broadcasting entity believed and had reasonable grounds to believe that its use of material constituted fair use applies only to the reproduction right. The statement recommends an update to reflect the digital era so that this safe harbor applies to any type of use, including uses implicating performance, display, distribution, or derivative work rights.
image © Wally GobetzOn July 15, 2014, the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet continued its copyright review with a Hearing on Moral Rights, Termination Rights, Resale Royalty, and Copyright Term. The Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed a statement addressing copyright term (PDF), noting the negative effects that lengthy copyright terms have on the public domain.
Google BooksOn July 8, 2014, the Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed an amici brief (PDF) in the US Court of Appeals for the Second Circuit in Authors Guild v. Google in favor of Google’s transformative use in creating Google Book Search (GBS). The Southern District of New York previously ruled in favor of Google, finding that GBS provided significant public benefits and constituted fair use.
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.