Over the past two years and in the context of the Conference on Fair Use (CONFU), the Association of Research Libraries (ARL) has worked with other CONFU participants to develop consensus among rightsholders and users of copyrighted works for fair use rights for libraries and educational organizations in the networked environment. Digital images was one of the five areas identified for the possible development of CONFU guidelines. ARL actively participated in CONFU believing that the process would capture for the digital environment the carefully constructed balance that has been achieved and maintained in the print environment. This fact sheet summarizes the concerns of ARL that resulted in a decision not to endorse the digital images fair use guidelines.
Following the process used for other CONFU draft documents, ARL distributed copies of various drafts of the digital images guidelines to review and secure member comment. At the request of the Digital Images Working Group in August 1996, ARL distributed copies of the August 15, 1996, draft to the membership and received a series of critical responses. ARL responded to the Working Group by submitting a one-page summary of the comments and concerns. That review first identified the following key concerns:
lack of balance between the rights of copyright owners and those of users of copyrighted digital images
(e.g., the draft appears to go to great lengths to secure the rights of owners with no corresponding assertions about the rights and needs of users, creators, or archiving agencies as they serve society.)
new requirements for educational institutions to comply
(e.g., the draft introduces new responsibilities on the educational institution to research copyright status, apply for permissions, and maintain records.)
new restrictions on fair use
(e.g., the draft ceded rights that might apply under fair use and suggests that the determination of fair use is limited by a finite period.)
technical and process concerns
(e.g., the draft's specificity about network control, coupled with the process of finding the rightsholder, are overly restrictive.)
Upon release of the CONFU Interim Report in December 1996, ARL distributed copies of the final "Proposal for Educational Fair Use Guidelines for Digital Images" and sought recommendation on possible endorsement. Based on the comments received, ARL voted not to endorse the digital images fair use guidelines.
April 30, 1997 Prepared for ARL by
Mary E. Jackson
ARL Access & Delivery Services Consultant