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