Copyright

The Association of Research Libraries and the American Library Association provide reply comments on the desirability of bringing under federal protection sound recordings fixed before February 15, 1972.

arl-ala_soundrecordingcomments_13apr11.pdf

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not "fair, reasonable, and adequate" as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper discusses the opinion and where it leaves Google Books Search.

guide-for-perplexed-part4-apr11.pdf

Statement concerning the decision in the proposed settlement of the Google Books lawsuit.

lca_gbsstmt24mar11.pdf

This chart attempts to diagram some of the possible paths forward following the fairness hearing on the Google Books Settlement.

gbs-march-madness-diagram-final.pdf

This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.

A PDF is available here code-of-best-practices-fair-use.pdf

Print copies are also available for $2.00 each plus shipping & handling.

RLI issue 273 includes:

• Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
• The Importance of Net Neutrality to Research Libraries in the Digital Age
• Challenges in Employing Fair Use in Academic and Research Libraries
• Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation

lca-noi-copyright10dec10.pdf

Letter expressing ARL's disappointment with the decision by the Copyright Clearance Center (CCC) to underwrite 50% of the plaintiffs' costs in the litigation by three publishers against Georgia State University.

lt-ccc-gsu-11nov12.pdf

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-lunch.mp3

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-fairuse.mp3

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-butler-jaszi.pdf

The Library Copyright Alliance (LCA) joined a coalition of public interest and technology groups in an amicus curie or “friend of the court” brief written by the Electronic Frontier Foundation (EFF) asking the Ninth Circuit to reject the arguments made by Universal Music Group (UMG) and affirm the lower court's decision in UMG v. Veoh. The case involves the legal “safe harbor” for online service providers hosting content on the web. The safe harbor protects online service providers from damages liability if a third party using the online service infringes copyright.

The Library Copyright Alliance (LCA) applauds yesterday’s decision issued by the Librarian of Congress to significantly broaden the exemption for the creation of film clip compilations for classroom and educational use to all college and university faculty, regardless of academic discipline. According to Section 1201 (a) (1) of the Digital Millennium Copyright Act (DMCA), the Librarian of Congress is allowed once every three years to adopt exceptions to the anti-circumvention provisions that place technological protections on copyrighted works. In this latest round of exemptions, the Librarian of Congress, acting on the Register of Copyright’s recommendations, ruled in accordance to the requests made by Library Copyright Alliance members—the American Library Association (ALA), the Association of College and Research Libraries, and the Association of Research Libraries (ARL).

Brief of Amici Curiae Electronic Frontier Foundation, Internet Archive, American Library Association, Association of Research Libraries, Association of College and Research Libraries, Computer and Communications Industry Association, Public Knowledge, Center for Democracy and Technology and Netcoalition in Support of Appellees and Affirmance

amicus_umg_veoh_072310.pdf

Comments on the WIPO Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore (WIPO/GRTKF/IC/16/4).

ltr-lca_wipo_tce_21jul10.pdf

RLI issue 270 includes:

• Celebrating 10 Years of ARL’s Initiative to Recruit a Diverse Workforce
• ETDs and Graduate Education: Programs and Prospects
• Urban Copyright Legends
• Open Access Week: Library Strategies for Advancing Change

Presented at the 156th ARL Membership Meeting, April 2010.

mm10sp-tabb-weiss-geist.mp3

Presented at the 156th ARL Membership Meeting, April 2010.

mm10sp-geist.pdf

Letter to Ambassador Ron Kirk, United States Trade Representative, concerning ACTA.

lt-kirk-acta-leak-22mar10.pdf

lca_sopa_amend14dec11.pdf

issue-brief-streaming-films-2010.pdf

Analysis of the U.S. proposal for an Internet chapter in the Anti-Counterfeiting Trade Agreement (ACTA), which was leaked to the press and widely disseminated on the Internet.

acta-leak-24mar10.pdf

Motion of International Documentary Association, American Library Association, Association of Research Libraries, Association of College and Research Libraries and The WGBH Educational Foundation For Leave To File An Amici Curiae Brief in Support of Defendants-Appellees' Petition For Rehearing or Rehearing En Banc

amicus_bouchatvravens092010.pdf

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.

arl_csm_fairusereport.pdf

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.

lca-ipec-comments24mar10.pdf

Addresses concerns with the text of the public release of the Anti-Counterfeiting Trade Agreement (ACTA).

acta-text-comments-23apr10.pdf

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.

gbs-2nd-round-comments10feb10.pdf

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.

amicus-lca-costco08jul10.pdf

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.

lca-costco-31jan11.pdf

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.

gsu-fairuse-order-30sept10.pdf