Copyright

RLI issue 273 includes:

• Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
• The Importance of Net Neutrality to Research Libraries in the Digital Age
• Challenges in Employing Fair Use in Academic and Research Libraries
• Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation

lca-noi-copyright10dec10.pdf

Letter expressing ARL's disappointment with the decision by the Copyright Clearance Center (CCC) to underwrite 50% of the plaintiffs' costs in the litigation by three publishers against Georgia State University.

lt-ccc-gsu-11nov12.pdf

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-lunch.mp3

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-fairuse.mp3

Presented at the 157th ARL Membership Meeting, October 2010.

mm10fall-butler-jaszi.pdf

The Library Copyright Alliance (LCA) joined a coalition of public interest and technology groups in an amicus curie or “friend of the court” brief written by the Electronic Frontier Foundation (EFF) asking the Ninth Circuit to reject the arguments made by Universal Music Group (UMG) and affirm the lower court's decision in UMG v. Veoh. The case involves the legal “safe harbor” for online service providers hosting content on the web. The safe harbor protects online service providers from damages liability if a third party using the online service infringes copyright.

The Library Copyright Alliance (LCA) applauds yesterday’s decision issued by the Librarian of Congress to significantly broaden the exemption for the creation of film clip compilations for classroom and educational use to all college and university faculty, regardless of academic discipline. According to Section 1201 (a) (1) of the Digital Millennium Copyright Act (DMCA), the Librarian of Congress is allowed once every three years to adopt exceptions to the anti-circumvention provisions that place technological protections on copyrighted works. In this latest round of exemptions, the Librarian of Congress, acting on the Register of Copyright’s recommendations, ruled in accordance to the requests made by Library Copyright Alliance members—the American Library Association (ALA), the Association of College and Research Libraries, and the Association of Research Libraries (ARL).

Brief of Amici Curiae Electronic Frontier Foundation, Internet Archive, American Library Association, Association of Research Libraries, Association of College and Research Libraries, Computer and Communications Industry Association, Public Knowledge, Center for Democracy and Technology and Netcoalition in Support of Appellees and Affirmance

amicus_umg_veoh_072310.pdf

Comments on the WIPO Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore (WIPO/GRTKF/IC/16/4).

ltr-lca_wipo_tce_21jul10.pdf

RLI issue 270 includes:

• Celebrating 10 Years of ARL’s Initiative to Recruit a Diverse Workforce
• ETDs and Graduate Education: Programs and Prospects
• Urban Copyright Legends
• Open Access Week: Library Strategies for Advancing Change

Presented at the 156th ARL Membership Meeting, April 2010.

mm10sp-tabb-weiss-geist.mp3

Presented at the 156th ARL Membership Meeting, April 2010.

mm10sp-geist.pdf

Letter to Ambassador Ron Kirk, United States Trade Representative, concerning ACTA.

lt-kirk-acta-leak-22mar10.pdf

lca_sopa_amend14dec11.pdf

issue-brief-streaming-films-2010.pdf

Analysis of the U.S. proposal for an Internet chapter in the Anti-Counterfeiting Trade Agreement (ACTA), which was leaked to the press and widely disseminated on the Internet.

acta-leak-24mar10.pdf

Motion of International Documentary Association, American Library Association, Association of Research Libraries, Association of College and Research Libraries and The WGBH Educational Foundation For Leave To File An Amici Curiae Brief in Support of Defendants-Appellees' Petition For Rehearing or Rehearing En Banc

amicus_bouchatvravens092010.pdf

This report summarizes research into the current application of fair use to meet the missions of U.S. academic and research libraries. Sixty-five librarians were interviewed confidentially by telephone for around one hour each. They were asked about their employment of fair use in five key areas of practice: support for teaching and learning, support for scholarship, preservation, exhibition and public outreach, and serving disabled communities.

arl_csm_fairusereport.pdf

The Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) respond to the Intellectual Property Enforcement Coordinator's (IPEC) request for comment.

lca-ipec-comments24mar10.pdf

Addresses concerns with the text of the public release of the Anti-Counterfeiting Trade Agreement (ACTA).

acta-text-comments-23apr10.pdf

Late last year, Google, the Author's Guild, the American Association of Publishers, and the individual plaintiffs in the lawsuit over Google's massive book digitization program negotiated several revisions to their original Proposed Settlement Agreement (original agreement). The revisions were designed to address concerns raised by the Department of Justice and other critics who advised the court to reject the original agreement. The deadline to file comments on the new Proposed Amended Settlement Agreement (amended agreement) was January 28, 2010. The Department of Justice filed its comments on Thursday, February 4, 2010. This document describes the second round of comments.

gbs-2nd-round-comments10feb10.pdf

Brief Amici Curiae of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in Support of Petitioner.

amicus-lca-costco08jul10.pdf

On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.

lca-costco-31jan11.pdf

This is a copyright infringement case brought against various officials of the University System of Georgia, including officials of Georgia State University. Plaintiffs are three publishing houses who claim that Defendants are responsible for infringement of their copyrighted works. They complain of Georgia State's practice of allowing professors and other instructors to utilize electronic systems to reproduce and distribute excerpts from copyrighted works for academic use by Georgia State students, without paying copyright fees to them. Plaintiffs seek injunctive and declaratory relief.

gsu-fairuse-order-30sept10.pdf

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.

skyriver-oclc-antitrust29nov10.pdf

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.

guide-for-perplexed-part3-nov09.pdf

gbs-summary-for-board.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

Letter to Rob Kasunic, principal legal advisor, US Copyright Office, in response to questions about proposed DVD-related exemptions to Section 1201.

lt-kasunic-dvdpanel-08sep09.pdf