Section 108

In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.

amicus-hathi-trust-20apr12.pdf

Proceedings of the 152nd ARL Membership Meeting, May 2008.

mm08sp-neal.pps

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.

section108-working-group-2006.pdf

ltr-rasenberger-108-22feb06.pdf

Comments from ALA and ARL on the Section 108 Study Group efforts.

rasenberger-108-letter-24apr06.pdf

section108study-libresponse26feb07.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

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.

ltr-rasenberger-108-22feb06.pdf

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.

ltr-rasenberger-108-24apr06.pdf

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

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.

part-ii-detailed-responses-to-section-108-working-group-questions.pdf

Addresses changes to Section 108 of the Copyright Act due to passage of the Digital Millenium Copyright Act.

dmca-section108-changes.pdf

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

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.

dig-preservation-study-response-09nov06.pdf