Oral Testimony of Jonathan Band on Behalf of ALA, ACRL, and ARL on Renewal and Expansion of the Film Clip Compilation Exemption to the DMCA Section 1201 Prohibition on Circumvention of Access Control Technologies
The Authors Guild, Inc., Association of American Publishers, Inc., et al., v. Google Inc.
Library association comments on the proposed settlement.
In the Matter of Facilitating Access to Copyrighted Works for the Blind or Persons with Other Disabilities
Comments from ALA, ACRL, and ARL address the need for improved and expanded access to copyrighted works for the blind and persons with other disabilities.
In the Matter of exemption to the Prohibition of Circumvention of Copyright Protection Systems for Access Control Technologies: Comments of the Library Copyright Alliance
Comments from the Library Copyright Alliance Pursuant to the Notice of Inquiry (NOI) of September 29, 2011.
ALA, ARL, ACRL Host Meeting of Experts to Discuss Google Book Search Settlement
Members of library community discussed the implications of the Google Book Search settlement in a meeting hosted on February 9, 2009, in Washington, DC, by the American Library Association Washington Office, the Association of Research Libraries, and the Association of College & Research Libraries.
A Pro-Library Copyright Agenda
Statement from the The Library Copyright Alliance (LCA) regarding U.S. copyright policy.
How Fair Use Prevailed in the Harry Potter Case
In a highly publicized decision issued on September 8, 2008, US District Court Judge Robert Patterson ruled that Steven Vander Ark's Harry Potter Lexicon infringed J.K. Rowling's copyright. Although J. K. Rowling prevailed in the litigation, the big winner actually was fair use.
PubMed Central Deposit and Author Rights: Agreements between 12 Publishers and the Authors Subject to the NIH Public Access Policy
This paper, in an effort to help authors make informed choices about their rights, compares and contrasts how the agreements of 12 publishers permit authors to meet the requirements of the NIH Public Access Policy and share their works while they are under embargo.
A Victory For Media Neutrality: The Eleventh Circuit's En Banc Decision in Greenberg v. National Geographic Society (Jul. 9, 2008)
Sitting en banc, the U.S. Court of Appeals for the Eleventh Circuit on June 30, 2008, decided Greenberg v. National Geographic Society, finding that the CD-ROM set, "The Complete National Geographic" (CNG), was a privileged revision of a collective work under 17 U.S.C. § 201(c) and not a "new collective work" in violation of Mr. Greenberg's copyrights. This case is in line with the Second Circuit's decision in Faulkner v. National Geographic Enters., further clarified the U.S. Supreme Court's ruling in New York Times Co. v. Tasini, and importantly, upheld the "long embraced doctrine of media neutrality" that the "transfer of a work between media does not alter the character of that work for copyright purposes."
Letter to Patrick J. Leahy and Orrin Hatch re: Shawn Bentley Orphan Works Act of 2008, S. 2913 (May 1, 2008)
Letter from the Library Copyright Alliance regarding S. 2913, which limits remedies in copyright infringement cases involving orphan works.
Letter to Patrick J. Leahy and Orrin Hatch re: Shawn Bentley Orphan Works Act of 2008, S. 2913 (Jun. 17, 2008)
Library Copyright Alliance letter to Patrick Leahy and Orrin Hatch expressing appreciation for continued leadership on S. 2913, which limits remedies in copyright infringement cases involving orphan works.
Orphan Works Legislation
The orphan works legislation is intended to enable someone, after conducting a "qualifying search" for the owner, to use an orphan work--a copyrighted work whose owner cannot be located.
Membership Meeting 2008 (Spring): On Ensuring That Intellectual Property Public Policy Promotes Progress
Proceedings of the 152nd ARL Membership Meeting, May 2008.
Membership Meeting 2008 (Spring): Section 108 Study Group
Proceedings of the 152nd ARL Membership Meeting, May 2008.
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.
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.
Letter to Rasenberger Re: Section 108 (April 24, 2008)
Comments from ALA and ARL on the Section 108 Study Group efforts.
Introducing Author Rights [video script]
Transcript of the "Introducing Author Rights" video.
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.
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.
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.
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.
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.
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.
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.
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.
Issue Brief: Orphan Works
S. 2237: To amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes.
Text of the proposed legislation.
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.
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."