On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)  golan_summary_06feb12.pdf
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.
google-michigan-12jun09.pdf
Library association comments on the proposed settlement. ag-v-google-comments04may09.pdf
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. gbs-filingchart28sep09.pdf
On August 11, 2005, Google announced that it would not scan copyrighted books under its Print Library Project until November, so that publishers could decide whether they want to opt their in-copyright books out of the project. Given the confusion in press reports describing the project, publishers should carefully study exactly what Google intends to do and understand the relevant copyright issues. This understanding should significantly diminish any anxiety publishers possess about the project. band-gbs-copyright-analysis-11aug05.pdf
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."
greenberg-v-natgeo-summary-09jul08.pdf
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.
greenbergreversal13june07.pdf
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. grillot-pubmed-aug08.pdf
Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Northern California, American Library Association, Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Internet Archive, and Project Gutenberg in Support of Defendants-Appellees and Urging Affirmance of The District Court's Grant of Partial Summary Judgment.
amicus-grokster-26sep03.pdf
Brief of the American Civil Liberties Union, the American Civil Liberties Union of Northern California, the American Civil Liberties Union Foundation of San Diego and Imperial Counties, the American Library Association, the Association of Research Libraries, the American Association of Law Libraries, the Medical Library Association, the Law Library Association, the Internet Archive, and Project Gutenberg as amici curiae in support of respondents. amicus-supremecourt-grokster-2003.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
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.
band-harry-potter-29sept08.pdf
Letter from library and higher education organizations thanking Congressional representatives for their attention to assuring that any statute designed to clarify the limit of an on-line service provider's liability for copyright infringement appropriately accommodates the unique nature of libraries. hatch-osp-letter-30mar98.pdf
Comments underscore the need for a change in Section 110(2) "to enable the display and performance of copyrighted works at remote locations at times selected by students" and to ask that "the distinction in current law between types of works that qualify for a distance education performance exemption be eliminated. hogan-testimony-12feb99.pdf
Testimony urging Congress to support the Digital Media Consumers?? Rights Act. nisbit-hr107-12may04.pdf
Letter from library associations expressing concern with certain provisions of H.R. 2517, the "Piracy Deterrence and Education Act of 2003."
lt-smith-piracy-deterrence-24jul03.pdf
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. lt-berman-coble-hr5889-05may08.pdf
Letter from interested organizations expressing concerns with the Copyright Office's September 9, 2004 recommended statutory language for a new form of secondary liability for copyright infringement. lt-hatch-leahy-induceact-17sep04.pdf
Letter from interested organizations requesting that United States Senate Committee on the Judiciary hold hearings on S. 2560, the "Inducing Infringement of Copyrights Act of 2004" before taking action.
lt-hatch-leahy-induceact-06jul04.pdf
Letter from interested organizations, in response to the invitation to witnesses at the hearing before the Committee on the Judiciary, suggesting an alternative to S. 2560, the Induce Act. lt-senate-induceact-24aug04.pdf
At the urging of the United States, a new "digital agenda" recently has been added to the range of issues under consideration in a long-running series of negotiations convened by the World Intellectual Property Organization (WIPO). Currently, the U.S. is pressing for the early conclusion of international agreements on a number of issues as to which the Congress has yet to legislate and the U.S. copyright community remains deeply divided. In the longer term, this effort to shape global intellectual property policy before achieving domestic consensus could have the unintended consequence of jeopardizing both the U.S. leadership role in the field and the interests of U.S. copyright-related industries and institutions. summary-intl-ip-2001.pdf
Recent circuit-level decisions in Chamberlain v. Skylink and Lexmark v. Static Control Components interpreted the Digital Millenium Copyright Act in a manner that will prevent its use to restrict legitimate competition in after-market components. By placing on plaintiffs the burden of proving intent to infringe copyright, judges on both panels not only dictate the correct outcome in these cases, but also provided defendants in other cases a way to short-circuit litigation when infringement is nowhere to be seen. Published in Electronic & Commerce Law Vol. 9 No. 45 (November 2004).
band-dmca-chamberlain-lexmark-24nov04.pdf
Letter in response to questions about proposed DVD-related exemptions to Section 1201. lt-kasunic-dvdpanel-08sep09.pdf
Comments from the Library Copyright Alliance Pursuant to the Notice of Inquiry (NOI) of September 29, 2011. lca_1201comments_29nov11.pdf
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
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