In the wake of Judge Chin's rejection of the Google Books Settlement, there has been a renewed interest in legislative solutions to a variety of copyright issues affecting libraries, including those implicating the mass digitization of books, the use of orphan works, and the modernization of 17 U.S.C. §108 (particularly preservation). The Library Copyright Alliance, comprised of the American Library Association (ALA), the Association of College and Research Libraries (ACRL), and the Association of Research Libraries (ARL), has several general comments on possible efforts to address these issues via legislation.
 lca_copyrightreformstatement_16may11.pdf
Library Copyright Alliance (LCA) press release in support of the introduction of the Freedom and Innovation Revitalizing US Entrepreneurship (FAIR USE) Act of 2007, HR 1201. lca_fair_use_feb07.pdf
Statement concerning the decision in the proposed settlement of the Google Books lawsuit. lca_gbsstmt24mar11.pdf
Letter from the Library Copyright Alliance encouraging the release of a discussion draft bill to address the problem of foreign infringing websites. lca_letteropenact_12dec11.pdf
Letter from the Library Copyright Alliance expressing concerns with Section 104 of HR 4279 and its impact on orphan works. ltr-lca-120dec7.pdf
Letter thanking representatives for their "advocacy of First Amendment rights and the value of an open and secure Internet during last week's markup of the Stop Online Piracy Act (SOPA)."
lca_thanks_markuprev21dec11.pdf
Library Copyright Alliance letter expressing gratitude to the Subcommittee for holding a hearing on orphan works—the LCA's top legislative priority.
lca-orphanworkshearing-12march2008.pdf
Letter from the Library Copyright Alliance regarding S. 2913, which limits remedies in copyright infringement cases involving orphan works. lca-senate-dark-archive-s-2913-01may08.pdf
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. lca-senate-orphan-works-s-2913-17june08.pdf
Library Copyright Alliance letter to John Conyers and Lamar Smith. lca-sopa-08nov11.pdf
Library Copyright Alliance response to the Copyright Office's Notice of Inquiry concerning orphan works.
lca-comment-25mar05.pdf
Statement from the The Library Copyright Alliance (LCA) regarding U.S. copyright policy. lca-copyright-agenda-statement-dec08.pdf
The June 5, 2000, Request for Public Comment inquires about the effects of the amendments made by title 1 of the Digital Millennium Copyright Act ("DMCA") and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of those sections. The Libraries would like to address several issues raised by interested parties, as well as respond herein to questions regarding Section 117 of the DMCA.
dmca-section109-comments-05jun00.pdf
Letter from library associations expressing dismay at press reports that the World Intellectual Property Organization may not take up an important recent proposal to hold a conference on open and collaborative models for development of public goods. lt-idris-wipo-04sep03.pdf
The Association of Research Libraries and the American Library Association request that Sherrie Schmidt, Arizona State University, and Ken Frazier, Director, University of Wisconsin, Madison, participate in the Section 108 Study Group Roundtable Discussions in Los Angeles and Washington, D.C.
ltr-rasenberger-108-22feb06.pdf
Based on discussions during the Los Angeles, CA and Washington, D.C. roundtables, the Association of Research Libraries (ARL) and the American Library Association (ALA) submit the following additional comments on the Section 108 Study Group efforts. ltr-rasenberger-108-24apr06.pdf
Letter from the Net Coalition regarding the "Database and Collections of Information Misappropriation Act" ("Discussion Draft" or "Draft"), specifically several provisions that would be unnecessarily punitive to the Internet community but would exceed other similar federal statutes.
lt-netcoalition-databases-08sep03.pdf
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."
public-access-statement-nih-july07.pdf
This memo will address an issue that has arisen regarding interpretation of Section 108(a)(3) of the Copyright Act, 17 U.S.C. §108(a)(3), as amended in the Digital Millennium Copyright Act of 1998 ("DMCA").
dmca-section108-memo-081999.pdf
Testimony by Robert Oakley on behalf of the American Association of Law Libraries and 17 of the nation's other principal educational and library organizations. oakley-testimony-090497.pdf
Letter from public interest organizations asking the Senators not to bring up S. 2560 at their scheduled Executive Business Meeting on October 7. lt_oppose-2560-06oct04.pdf
Letter from library associations addressing consensus proposal on orphan works. lt-orphanreply-09may05.pdf
Orphan works are works whose copyright owners cannot be identified and located. Libraries and archives possess millions of orphan works in their collections, in the form of photographs, letters, manuscripts, drawings, and older books. These works often have great historic and cultural significance. However, because the copyright owners cannot be located, libraries cannot obtain the rights holders' permission to make these works widely available to the public. This leaves libraries on the horns of a dilemma. Libraries can either disseminate the works and face the risk of the copyright owners demanding statutory damages and injunctive relief; or leave the works in archives, where few people can see them.
orphanworkslcasupports.pdf
One of the principal provisions of the Digital Millennium Copyright Act ("DMCA") is a limitation on the potential money damages that Online Service Providers ("OSPs"), including libraries and educational institutions, could face when they function like a common carrier, allowing online users access to copyrighted material placed there by someone else. Rather than confront huge financial claims if the third party material infringes someone's copyright, OSPs can escape liability provided they comply with these new rules. dmca-highlights-limitation-of-liability.pdf
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.
owlegislation.pdf
The American Library Association and the Association of Research Libraries convened a workshop to consider and receive additional input from members of the library and archival communities regarding the deliberations of the Section 108 Study Group. The Section 108 Study Group is examining the exceptions and limitations available to libraries and archives under Section 108 of the Copyright Act and considering changes to better meet the needs of libraries and archives in the digital environment. part-ii-detailed-responses-to-section-108-working-group-questions.pdf
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