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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.

pdf skyriver-oclc-antitrust29nov10.pdf

 
 

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.

pdf guide-for-perplexed-part3-nov09.pdf

 
   

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.

pdf gbs-filingchart28sep09.pdf

 
 

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.

pdf lt-kasunic-dvdpanel-08sep09.pdf

 
 

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.

pdf balanced-copyright-statement.pdf

 
 

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.

pdf amicus-salinger-03aug09.pdf

 
 

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.

pdf google-michigan-12jun09.pdf

 
     

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.

pdf noi-comments-print-disabilities-28apr09.pdf

 
   

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.

pdf gbs-dc-meeting-summary12feb09.pdf

 
 

A Pro-Library Copyright Agenda

Statement from the The Library Copyright Alliance (LCA) regarding U.S. copyright policy.

pdf lca-copyright-agenda-statement-dec08.pdf

 
 

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.

pdf band-harry-potter-29sept08.pdf

 
 

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.

pdf grillot-pubmed-aug08.pdf

 
 

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."

pdf greenberg-v-natgeo-summary-09jul08.pdf

 
 

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.

pdf lca-senate-dark-archive-s-2913-01may08.pdf

 
 

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.

pdf lca-senate-orphan-works-s-2913-17june08.pdf

 
 

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.

pdf owlegislation.pdf

 
     

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.

pdf lt-berman-coble-hr5889-05may08.pdf

 
 

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.

pdf lt-proipact-05mar08.pdf

 
   

Introducing Author Rights [video script]

Transcript of the "Introducing Author Rights" video.

pdf author-rights-video-script.pdf

 
 

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.

pdf lca-orphanworkshearing-12march2008.pdf

 
 

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.

pdf inflate-stat-damages-104comments-25jan08.pdf

 
 

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.

pdf ltr-lca-120dec7.pdf

 
 

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