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Section 108

Authors Guild v. Hathi Trust Amicus Brief

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.

pdf amicus-hathi-trust-20apr12.pdf

 
 

Library Copyright Alliance Statement on Copyright Reform

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.

pdf lca_copyrightreformstatement_16may11.pdf

 
   

Letter to Rasenberger Re: Section 108 (April 24, 2008)

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

pdf rasenberger-108-letter-24apr06.pdf

 
 

Library Preservation: Changes Incorporated in H.R. 2281, The Digital Millennium Copyright Act of 1998 (PL 105-304)

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

pdf dmca-section108-changes.pdf

 
   

Detailed Responses to Section 108 Working Group Questions

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.

pdf section108-working-group-2006.pdf

 
 

Part II: Detailed Responses to Section 108 Working Group Questions

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.

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

 
 

The ALA and ARL Position on Access and Digital Preservation: A Response to the Section 108 Study Group

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.

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

 
 

Letter to Mary Rasenberger re: Section 108 Study Group (Apr. 24, 2006)

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.

pdf ltr-rasenberger-108-24apr06.pdf

 
 
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