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Library Copyright Alliance: Copyright Still a Barrier to Mass Digitization

Statement concerning the decision in the proposed settlement of the Google Books lawsuit.

pdf lca_gbsstmt24mar11.pdf

 
 

GBS March Madness: Paths Forward for the Google Books Settlement

This chart attempts to diagram some of the possible paths forward following the fairness hearing on the Google Books Settlement.

pdf gbs-march-madness-diagram-final.pdf

 
 

Code of Best Practices in Fair Use for Academic Libraries

This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.

A PDF is available here pdf code-of-best-practices-fair-use.pdf

Print copies are also available for $2.00 each plus shipping & handling. Order from ARL Publications.

 
 

Research Library Issues, no. 273 (Dec. 2010)

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
 
   

Letter to Tracey L. Armstrong re: Copyright Clearance Center (CCC) underwriting litigation (Nov. 11, 2010)

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.

pdf lt-ccc-gsu-11nov12.pdf

 
       

LCA and Other Groups Join Electronic Frontier Foundation to File Amicus Brief in UMG v. Veoh

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.

 
 

LCA Applauds Librarian of Congress in Broadening Exceptions to Section 1201 of the Digital Millennium Copyright Act

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).

 
 

UMG Recordings v. Veoh Networks: Amicus Brief in Support of Veoh

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

pdf amicus_umg_veoh_072310.pdf

 
 

Letter to Justin Hughes re: WIPO Revised Provisions for the Protection of Traditional Cultural Expressions (July 21, 2010)

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

pdf ltr-lca_wipo_tce_21jul10.pdf

 
 

Research Library Issues, no. 270 (June 2010)

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
 
       

ARL, Center for Social Media, PIJIP to Prepare Code of Best Practices in Fair Use for Academic and Research Libraries

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.

pdf fair-use-code-1pager.pdf

 
     

Concerns with the Leaked Internet Chapter of ACTA

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.

pdf acta-leak-24mar10.pdf

 
 

Bouchat v. Baltimore Ravens: Amicus Brief

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

pdf amicus_bouchatvravens092010.pdf

 
 

Fair Use Challenges in Academic and Research Libraries

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.

pdf arl_csm_fairusereport.pdf

 
 

Library Association Response to the Intellectual Property Enforcement Coordinator's Request for Comments on the Joint Strategic Plan

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.

pdf lca-ipec-comments24mar10.pdf

 
 

Concerns with April ACTA Text

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

pdf acta-text-comments-23apr10.pdf

 
 

The Google Books Settlement: Second Round Comments

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.

pdf gbs-2nd-round-comments10feb10.pdf

 
 

Costco v. Omega: Amicus brief in support of Costco

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.

pdf amicus-lca-costco08jul10.pdf

 
 

The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries

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.

pdf lca-costco-31jan11.pdf

 
 

GSU Fair Use Order

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.

pdf gsu-fairuse-order-30sept10.pdf

 
 

Summary of Antitrust Lawsuit: SkyRiver & Innovative Interfaces v. OCLC

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.

pdf skyriver-oclc-antitrust29nov10.pdf

 
 
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