In August 2001, the United States Copyright Office missed an opportunity. Under the broad mandate of Section 104 of the Digital Millennium Copyright Act of 1998, it had been open to the Office to inquire widely and reflect deeply on the effects of that legislation and "the development of electronic commerce and associated technology" on some of the basic structural features of the Copyright Act.  ltr-coble-dcma-section-104.pdf
Terms:2000–2004, 2000–2004, 2000–2004, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Letter, Letter, Letter, Letter, Publications, Text, Text, Text, Text, Text, Text, Text
Amici submit this brief urging that this Court reverse the decision of the trial court (in Register.com v. Verio) which effectively prohibits the copying of facts from a publicly accessible website. Amici represent the interests of many sectors of the computer, software, Internet telecommunications, and information services industries, as well as users of digital information. amicus-revised-register-verio-01mar01.pdf
Terms:2000–2004, 2000–2004, 2000–2004, Amicus Brief, Amicus Brief, Amicus Brief, Amicus Brief, Copyright, Copyright, Copyright, Copyright, Public Access Policies, Public Access Policies, Public Access Policies, Public Access Policies, Publications, Text, Text, Text, Text
Terms:2000–2004, 2000–2004, 2000–2004, Amicus Brief, Amicus Brief, Amicus Brief, Amicus Brief, Copyright, Copyright, Copyright, Copyright, Court Cases, Court Cases, Court Cases, Court Cases, Publications, Text, Text, Text, Text, Text, Text, Text
Terms:2000–2004, 2000–2004, 2000–2004, Copyright, Copyright, Copyright, Copyright, Proceedings, Proceedings, Proceedings, Proceedings, Publications, Text, Text, Text, Text, Text, Text, Text
Comments of the Digital Future Coalition dfc-104-comments-16aug01.pdf
Terms:2000–2004, 2000–2004, 2000–2004, Comment, Comment, Comment, Comment, Copyright, Copyright, Copyright, Copyright, First Sale, First Sale, First Sale, First Sale, Peter Jaszi, Peter Jaszi, Peter Jaszi, Peter Jaszi, Publications, Text, Text, Text, Text, Text, Text, Text
On October 12, 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a complex piece of legislation which makes major changes in U.S. copyright law to address the digitally networked environment. This memorandum discusses the law's five titles. band-dmca-memo-16aug01.pdf
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Jonathan Band, Jonathan Band, Jonathan Band, Jonathan Band, Memorandum, Memorandum, Memorandum, Memorandum, Publications, Text, Text, Text, Text, Text, Text, Text
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
Terms:2000–2004, 2000–2004, 2000–2004, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Publications, Report, Report, Report, Report, Telecommunications Policies, Telecommunications Policies, Telecommunications Policies, Telecommunications Policies, Text, Text, Text, Text, Text, Text, Text
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
Terms:Copyright, Copyright, Copyright, Copyright, Intellectual Property, Intellectual Property, Intellectual Property, Intellectual Property, International Copyright, International Copyright, International Copyright, Peter Jaszi, Peter Jaszi, Peter Jaszi, Peter Jaszi, Publications, Report, Report, Report, Report, Text, Text, Text, Text, Text, Text, Text
Terms:2000–2004, 2000–2004, 2000–2004, Comment, Comment, Comment, Comment, Copyright, Copyright, Copyright, Copyright, Court Cases, Court Cases, Court Cases, Court Cases, First Sale, First Sale, First Sale, First Sale, Publications, Text, Text, Text, Text, Text, Text, Text
Comments of the Library Copyright Alliance and the Music Library Association.
1201-comments-02dec08.pdf
Terms:2005–2009, 2005–2009, 2005–2009, Comment, Comment, Comment, Comment, Copyright, Copyright, Copyright, Copyright, Publications, Text, Text, Text, Text, Text, Text, Text
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
Terms:2000–2004, 2000–2004, 2000–2004, Comment, Comment, Comment, Comment, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Publications, Text, Text, Text, Text, Text, Text, Text
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
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Memorandum, Memorandum, Memorandum, Memorandum, Publications, Section 108, Section 108, Section 108, Section 108, Text, Text, Text, Text, Text, Text, Text
The Digital Millennium Copyright Act ("DMCA"), which is the centerpiece of the legislative strategy for the Clinton Administration and Congressional leaders responsible for copyright bills, was passed in the closing days of the 105th Congress. It is a very complex Act, which generated controversy and left unfinished business in its wake. As a result, high on the list of "must-dos" for the 106th Congress will be issues leftover from the DMCA. primer-digital-millenium1999.pdf
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Publications, Report, Report, Report, Report, Section 108, Section 108, Section 108, Section 108, Text, Text, Text, Text, Text, Text, Text
Terms:1995–1999, 1995–1999, 1995–1999, Comment, Comment, Comment, Comment, Copyright, Copyright, Copyright, Copyright, Intellectual Property, Intellectual Property, Intellectual Property, Intellectual Property, Publications, Text, Text, Text, Text, Text, Text, Text
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
Terms:1995–1999, 1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Legislation, Letter, Letter, Letter, Letter, Letter, Publications, Telecommunications Policies, Telecommunications Policies, Telecommunications Policies, Telecommunications Policies, Telecommunications Policies, Text, Text, Text, Text, Text
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
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Legislation, Legislation, Legislation, Legislation, Publications, Testimony, Testimony, Testimony, Testimony, Text, Text, Text, Text
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
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Intellectual Property, Intellectual Property, Intellectual Property, Intellectual Property, International Copyright, International Copyright, International Copyright, International Copyright, Letter, Letter, Letter, Letter, Publications, Text, Text, Text, Text
Terms:1995–1999, 1995–1999, 1995–1999, Copyright, Copyright, Copyright, Copyright, Intellectual Property, Intellectual Property, Intellectual Property, Intellectual Property, International Copyright, International Copyright, International Copyright, International Copyright, Letter, Letter, Letter, Letter, Publications, Text, Text, Text, Text
Paper disucssing fair use in digital environments, and particularly about the work of the Conference on Fair Use (or CONFU) to work out guidelines for "fair use" in educational and library settings now that digital, networked communication and publishing is becoming common. Presented at The National Federation of Abstracting and Information Services in Philadelphia, PA on February 27, 1996. fairuse-confu-27feb96.pdf
Terms:2005–2009, 2005–2009, 2005–2009, 2005–2009, Copyright, Copyright, Copyright, Copyright, Copyright, Douglas Bennett, Douglas Bennett, Douglas Bennett, Douglas Bennett, Douglas Bennett, Fair Use, Fair Use, Fair Use, Fair Use, Fair Use, Publications, Report, Report, Report, Report, Report, Text, Text, Text, Text, Text, Text, Text, Text, Text
Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?
This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:
Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.
The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.
When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.
The Fifth Principle in the Code of Best Practices in Fair Use for Academic and Research Libraries is entitled "Reproducing material for use by disabled students, faculty, staff, and other appropriate users." It describes in some detail the circumstances in which making and providing copies of collection materials in formats that are accessible to persons with disabilities constitutes fair use, as well as certain limitations to which that general principle is subject.
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