Presented at the 157th ARL Membership Meeting, October 2010.
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
Comments on the WIPO Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore (WIPO/GRTKF/IC/16/4).
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.
Presented at the 156th ARL Membership Meeting, April 2010.
Letter to Ambassador Ron Kirk, United States Trade Representative, concerning ACTA.
Announcement that of ARL's joint project with the Center for Social Media at American University, and the Program on Information Justice and Intellectual Property in American University's Washington College of Law, to prepare a code of best practices in fair use for academic and research libraries.
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.
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
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.
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.
Addresses concerns with the text of the public release of the Anti-Counterfeiting Trade Agreement (ACTA).
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.
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.
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.
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.
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.
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.
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.
Letter to Rob Kasunic, principal legal advisor, US Copyright Office, in response to questions about proposed DVD-related exemptions to Section 1201.
Statement from ARL and other associations arguing that, while copyright promotes creativity, many of the specific measures adopted or recently proposed to protect copyright in the digital age actually impede innovative technologies and services.
Brief of Amici Curiae American Library Association, Association of Research Libraries, Association of College and Research Libraries, The Organizations for Transformative Works and the Right to Write Fund in support of the defendants.
SPEC Kit 310 explores how ARL member libraries are promoting the use of author addenda by researchers at their institutions. Respondents were asked to provide information on the use of author addenda at their institutions, which rights authors were encouraged to retain, and the methods by which libraries were conducting promotion and outreach efforts on the topic of author rights and addenda. This SPEC Kit includes documentation from respondents in the form of sample addenda, brochures, handouts, and author rights Web sites and slides from presentations to faculty and library staff.
This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf for complete pricing and purchase options information.
Link to the online SPEC Kit 310 on the ARL Digital Publications website.
On May 20, 2009, Google and the University of Michigan (Michigan) entered into an amendment that expanded the 2004 agreement that allowed Google to scan books in the Michigan library for inclusion in Google's search database. The new agreement (the Amendment) addresses the provisions of the proposed settlement agreement between Google and the plaintiffs in the Google Book Search litigation.