Fair Use Challenges in Academic and Research Libraries
This report summarizes research into the current application of fair use to meet the missions of U.S. academic and research libraries. Sixty-five librarians were interviewed confidentially by telephone for around one hour each. They were asked about their employment of fair use in five key areas of practice: support for teaching and learning, support for scholarship, preservation, exhibition and public outreach, and serving disabled communities.
Library Association Response to the Intellectual Property Enforcement Coordinator's Request for Comments on the Joint Strategic Plan
The Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) respond to the Intellectual Property Enforcement Coordinator's (IPEC) request for comment.
Concerns with April ACTA Text
Addresses concerns with the text of the public release of the Anti-Counterfeiting Trade Agreement (ACTA).
The Google Books Settlement: Second Round Comments
Late last year, Google, the Author's Guild, the American Association of Publishers, and the individual plaintiffs in the lawsuit over Google's massive book digitization program negotiated several revisions to their original Proposed Settlement Agreement (original agreement). The revisions were designed to address concerns raised by the Department of Justice and other critics who advised the court to reject the original agreement. The deadline to file comments on the new Proposed Amended Settlement Agreement (amended agreement) was January 28, 2010. The Department of Justice filed its comments on Thursday, February 4, 2010. This document describes the second round of comments.
Costco v. Omega: Amicus brief in support of Costco
Brief Amici Curiae of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in Support of Petitioner.
The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries
On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.
GSU Fair Use Order
This is a copyright infringement case brought against various officials of the University System of Georgia, including officials of Georgia State University. Plaintiffs are three publishing houses who claim that Defendants are responsible for infringement of their copyrighted works. They complain of Georgia State's practice of allowing professors and other instructors to utilize electronic systems to reproduce and distribute excerpts from copyrighted works for academic use by Georgia State students, without paying copyright fees to them. Plaintiffs seek injunctive and declaratory relief.
Summary of Antitrust Lawsuit: SkyRiver & Innovative Interfaces v. OCLC
On July 28, 2010, SkyRiver Technology Solutions joined with Innovative Interfaces to file suit in San Francisco federal court against OCLC Online Computer Library Center (OCLC) alleging numerous anticompetitive business practices and antitrust violations. SkyRiver, a bibliographic services company, and Innovative Interfaces, a library automation company, claim that OCLC is "unlawfully monopolizing the bibliographic data, cataloguing service and interlibrary lending markets and is attempting to monopolize the market for integrated library systems by anticompetitive and exclusionary agreements, policies and practices." (p. 1) The outcome of the lawsuit could have significant impact on the library software and technology services industry by opening up OCLC's services, such as WorldCat, to use by commercial competitors. ARL members have asked for a review of the current state of the suit.
A Guide for the Perplexed Part III: The Amended Settlement Agreement
On Friday, November 13, 2009, Google, the Authors Guild, and the Association of American Publishers filed an Amended Settlement Agreement (ASA) in the copyright infringement litigation concerning the Google Library Project. The amendments proposed by the parties are designed to address objections made by the U.S. Department of Justice and copyright holders to the original proposed settlement agreement. While many of the amendments will have little direct impact on libraries, the ASA significantly reduces the scope of the settlement because it excludes most books published outside of the United States. This paper describes the ASA's major changes, with emphasis on those changes relevant to libraries.
Background and Update On Google Book Search and the Proposed Settlement
The Google Books Settlement: Who Is Filing And What Are They Saying?
The Association of Research Libraries, the American Library Association, and the Association of College and Research Libraries have prepared this document to summarize in a few pages of charts some key information about the hundreds of filings that have been submitted to the federal district court presiding over the Google Books litigation.
Letter to Rob Kasunic re: August 21 Supplemental Questions to DVD-Related Hearing Panelists (Sept. 8, 2009)
Letter to Rob Kasunic, principal legal advisor, US Copyright Office, in response to questions about proposed DVD-related exemptions to Section 1201.
Balanced Copyright Preserves the Right to Innovate
Statement from ARL and other associations arguing that, while copyright promotes creativity, many of the specific measures adopted or recently proposed to protect copyright in the digital age actually impede innovative technologies and services.
Salinger v. Colting: Amicus Brief
Brief of Amici Curiae American Library Association, Association of Research Libraries, Association of College and Research Libraries, The Organizations for Transformative Works and the Right to Write Fund in support of the defendants.
SPEC Kit 310: Author Addenda (July 2009)
SPEC Kit 310 explores how ARL member libraries are promoting the use of author addenda by researchers at their institutions. Respondents were asked to provide information on the use of author addenda at their institutions, which rights authors were encouraged to retain, and the methods by which libraries were conducting promotion and outreach efforts on the topic of author rights and addenda. This SPEC Kit includes documentation from respondents in the form of sample addenda, brochures, handouts, and author rights Web sites and slides from presentations to faculty and library staff.
This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf for complete pricing and purchase options information.
Link to the online SPEC Kit 310 on the ARL Digital Publications website.
A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement
On May 20, 2009, Google and the University of Michigan (Michigan) entered into an amendment that expanded the 2004 agreement that allowed Google to scan books in the Michigan library for inclusion in Google's search database. The new agreement (the Amendment) addresses the provisions of the proposed settlement agreement between Google and the plaintiffs in the Google Book Search litigation.
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.