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.
The U. S. Court of Appeals for the District of Columbia Circuit ("DC Circuit") erroneously held that Congress' grant of twenty additional years of copyright protection as set forth in the Copyright Term Extension Act (CTEA) 2 is constitutional.
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.
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.
Letter from the Library Copyright Alliance (LCA) strongly supporting the introduction of the Freedom And Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201.
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.
This statement is submitted on behalf of the Association of Research Libraries (ARL) in response to the request by the Library of Congress for comments in support of a study on the current state of recorded sound preservation in the United States. Sound recordings are a critically important part of our Nation's cultural and educational landscape. As a consequence, the scope of these collections within the ARL community is significant and diverse. Unfortunately, these collections are also in various stages of risk.
This document, prepared by the Association of American Publishers, the Association of American Universities, the Association of American University Presses, and the Association of Research Libraries, is intended to present a basic explanation of copyright law with an emphasis on its application to colleges and universities.
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.
The Section 108 Study Group released a Background Paper and requested comments on issues relating to library and archival exceptions under Section 108. The library community provided written and oral statements to the Study Group. Based on the additional input from the library community, the responses in this document provide greater detail and in some instances, clarify the earlier statements filed in conjunction with the March Roundtables and the request for comment by the Study Group.
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.
In response to issues raised by initiatives such as the National Digital Information Infrastructure and Preservation Program (NDIIPP), in spring 2005 the U.S. Copyright Office and the Library of Congress convened the Section 108 Study Group. The Study Group is charged to investigate whether Section 108 of the Copyright Act, which grants exceptions to libraries and archives, should be updated to better address the use of digital technologies and networked-based resources.
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.
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.
Comments submitted in response to the US Copyright Office's Notice of Inquiry (NOI) dated October 15, 2002, on whether noninfringing uses of certain classes of works are likely to be adversely affected by section 1201(a)(1) of the Copyright Act, which prohibits the circumvention of measures that effectively control access to copyrighted works. These comments were submitted on behalf of five major library associations--American Association of Law Libraries (AALL), American Library Association (ALA), Association of Research Libraries (ARL), Medical Library Association (MLA), and Special Libraries Association (SLA).
Testimony of Prudence Adler on behalf of the Library Copyright Alliance (LCA).
To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.View document(s) here »
Letter from library associations addressing consensus proposal on orphan works.
College Art Association response to the Copyright Office's notice of inquiry concerning orphan works.
Library Copyright Alliance response to the Copyright Office's Notice of Inquiry concerning orphan works.
Letter from library associations supporting the Family and Entertainment Copyright Act of 2005, S. 167.
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).
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.
Letter from public interest organizations asking the Senators not to bring up S. 2560 at their scheduled Executive Business Meeting on October 7.