LCA NEWS
LCA Submits Comments on EC Green Paper
On December 5, 2008, the Library Copyright Alliance submitted comments on the European Commission's Green Paper on Copyright in the Knowledge Economy. Read paper.
LCA and MLA Provide Comments on Circumvention of Copyright Protection Systems
On December 2, 2008, the Library Copyright Alliance (LCA) and the Music Library Association submitted comments on exceptions that the Library of Congress should grant pursuant to 17 U.S.C. § 1201(a)(1)(C), pursuant to the Notice of Inquiry (NOI) published by the Copyright Office. Read comments.
Joint Statement by Non-Governmental Civil Society and Technology Organizations to WIPO, November 2008
Joint Statement of Certain Non-Governmental Civil Society and Technology Organizations on Copyright Limitations
and Exception at the WIPO Standing Committee on Copyright and Related Rights, Seventeenth Session (Geneva,
November 3-7, 2008) supporting limitations and exceptions to copyright for the benefit of the world’s visually
impaired community, for libraries and archives, for education of the world’s citizens, and for the development and
delivery of innovative information services across national borders. Read statement.
LCA Joint Statement to WIPO on Copyright Limitations and Exceptions for Libraries, November 2008
Joint Statement of the Library Copyright Alliance, the International Federation of Library Associations, and Electronic
Information for Libraries (eIFL.net) Copyright Limitations and Exceptions for Libraries at the WIPO Standing
Committee on Copyright and Related Rights, Seventeenth Session,(Geneva, November 3-7, 2008) including
recommendations on copyright exceptions for preservation, interlibrary loan, research and education, and provisions for
people with disabilities. Read statement.
LCA Statement to WIPO Addressing Digital Preservation and Copyright, September 2008
Statement of Library Copyright Alliance to the Assemblies of the Member States of WIPO (Geneva, September 22-30,
2008) addressing the value of the recent preservation International Workshop on Digital Preservation and Copyright in
July and studies commissioned by WIPO on expert studies on limitations and exceptions in the digital environment for
the visually impaired, and for libraries and archives; and a study on educational activities including distance education. Read statement.
LCA Joint Statement on Statement to WIPO on Outreach needs of Developing Countries, July 2008
Joint Statement of International Federation of Library Associations and Library Copyright Alliance WIPO Committee
on Development and Intellectual Property, Second Session (Geneva, 7-11 July 2008) addressing the proposals on
public awareness, education, training and outreach needs of developing countries and least developed countries. Read statement.
LCA Statement to WIPO on Technical Assistance and Capacity Building, July 2008
Statement of Library Copyright Alliance to WIPO Committee on Development and Intellectual Property, Second
Session (Geneva, 7-11 July 2008) encouraging Member States to involve the international library community in local
efforts at technical assistance and capacity building, which will serve to promote the goals of information access and a
balanced approach to intellectual property protection. Read statement.
LCA Proposes Amendments to Orphan Works Legislation
On June 17, 2008, LCA wrote a letter to Senator Patrick J. Leahy (D, Vermont), Chairman, Committee on the Judiciary and Senator Orrin Hatch (R, Utah) expressing appreciation for their continued leadership on S. 2913: Shawn Bentley Orphan Works Act of 2008, which limits remedies in copyright infringement cases involving orphan works. The letter proposed amendments to orphan works legislation. Read letter.
Bob Oakley Memorial Scholarship
Last year, the library community lost one if its brightest stars when noted academic librarian and copyright scholar Robert L.“Bob” Oakley died unexpectedly. Bob was one of the most respected academic librarians in the field. A member and very active participant in LCA, Bob was instrumental in many key projects including the Library-Related Principles for the International Development Agenda of the World Intellectual Property Organization. The purpose of the Robert L. Oakley Memorial Scholarship is to encourage and expand interest in and knowledge of intellectual property and copyright, as well as to bring the next generation of advocates, lobbyists, and scholars to the forefront with opportunities they might not otherwise have. For more information about the Scholarship and for application information, Click here.
LCA Submits Principles for ACTA
On March 21, 2008, LCA and others submitted principles to the Office of the United States Trade Representative (USTR) to guide the U.S. delegation in negotiating the Anti-Counterfeiting Trade Agreement (ACTA). The principles were submitted in response to the February 15, 2008 request for comments published in the Federal Register. Read
principles.
LCA Expresses
Gratitude for the Support of Orphan Works
On March 12, 2008, the Library Copyright Alliance delivered letters
to U.S. Representatives Howard L. Berman (D, California), Howard Coble
(R, North Carolina), and the members of the Subcommittee on Courts,
the Internet, and Intellectual Property expressing gratitude to the
House Committee on Science and Technology's Subcommittee on Investigations
and Oversight for holding a hearing on orphan works. The letter also
expressed gratitude that the Subcommittee has begun its process for
considering this issue in this Congress as well as the hope that the
protections the legislation is intended to provide users of orphan
works are not diluted. Read
letter.
LCA Expresses
Concerns with Proposed Statutory Damages Legislation
On December 12, 2007, the Library Copyright Alliance hand delivered
a letter to U.S. Representatives Howard L. Berman (D, California)
and Howard Coble (R, North Carolina) expressing serious concerns with
the proposed Section 104 of H.R. 4279. The letter states that section
104 would exacerbate the orphan works situation by greatly increasing
the amount of statutory damages plaintiffs could recover for infringements
of compilations and derivative works and would make libraries and
their patrons even more reluctant to use orphan works of this sort.
Read letter.
Joint Comments Provided on the WIPO Development Agenda
On September 28, 2007, LCA, in collaboration with the International
Federation of Library Associations, provided joint comments on the
World Intellectual Property Organization (WIPO) Development Agenda.
Reinforcing multiple issues of prime importance to libraries, the
comments were distributed in print form as well as provided to WIPO
administration for placement in the official meeting records during
the September 24 – October 3 meeting in Geneva, Switzerland. Read
Joint Comments
LCA Supports Opening an Investigation by the FTC on Consumer Deception
On August 1st
the Library Copyright Alliance wrote a letter to Deborah Platt Majoras,
Chairman of the Federal Trade Commission (FTC), in strong support
of a request for an investigation and complaint for injunctive relief
filed by the Computer
& Communications Industry Association (CCIA). The CCIA filed
a FTC complaint
on behalf of consumers against Major League Baseball, the National
Football League, NBC/Universal and several other corporations. CCIA
alleges that the named corporations have misled consumers for years,
often misrepresenting their rights through deceptive and threatening
statements. The false and misleading copyright warnings provided by
publishers and motion picture distributors confuse library patrons
and interfere with libraries fulfilling their mission.
Read LCA Letter
Read Full Complaint.
Read CCIA Article.
Read Wall Street Journal Article.
Joint Paper on the
WIPO Development Agenda
On June 12, 2007, a joint paper from the Library Copyright Alliance,
the International Federation of Library Associations, and the Electronic
Information for Libraries was distributed setting out the Library
position on the World Intellectual Property Organization (WIPO) Development
Agenda. The joint paper, titled "A Development Agenda
for WIPO: Why Libraries Care," was distributed to the Provisional
Committee on Proposals Related to a WIPO Development Agenda, Fourth
Session, in
LCA’s Concerns with the WIPO Broadcast Treaty
In May, during Senate visits, the LCA discussed the U.S. libraries’ position that there is no compelling public policy reason for the broadcast treaty, given the existence of the Rome Convention and the absence of any evidence of harm suffered by broadcasters. Read More.
On March 21, 2007,
the Library Copyright Alliance sent a letters to the Members of the
U.S. House of Representatives in strong support of the introduction
of the Freedom And Innovation Revitalizing U.S. Entrepreneurship (FAIR
USE) Act of 2007, H.R.2001. At the end of 2006, Dr. Billington, the
Librarian of Congress, approved six exemptions from the prohibition
on circumvention of technological measures contained in section 1201
of the Digital Millennium Copyright Act. These exemptions will sunset
in three years. The FAIR USE Act makes these six exemptions permanent.
Two of these exemptions are
particularly important to the library community: the exemptions for
screen readers for the visually impaired and for film clip
compilations for college media studies
classes. Read Letter
Library Copyright Alliance Strongly Supports H.R. 1201, the FAIR USE Act
On February 27, 2007, the LCA distributed a press release in strong support of the Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201.
Read LCA Press Release.
Read Congress of the
Representatives Press Release.
Read Bill.
LCA Makes Statements at WIPO meeting in
In February 2007, The Library Copyright Alliance released two statements regarding current the World Intellectual Property Organization (WIPO) meeting of Provisional Committee on the Development Agenda. The February 20, 2007 statement addresses four points that relate directly to how WIPO should refine and implement the proposals under consideration for facilitating a development agenda. The February 21, 2007 statement speaks specifically about electronic information for libraries and widespread access to the information, and addresses specific sections of various proposals.
LCA Supports "Orphan Works” Act of 2006
On September 7, 2006 the Library Copyright Alliance, wrote in support of the Orphan Works Act. The Act will help resolve issues surrounding Orphan works--works whose owners are difficult or impossible to locate. Resolving the Orphan Works issue will present significant new educational opportunities because these works will be publicly accessible and available to students, faculty and the public. Read Letter
LCA Files Amicus Brief in
Support of Google
On July 20, 2006, members
of the Library Copyright Alliance signed on to a legal brief
in support of Google in Perfect 10 Inc., v. Google, Inc. The brief addresses
three issues of essential importance for the future of the internet,
(1) whether providing a link to an image hosted on a third party website
directly infringes a copyright owner’s public display right: (2), the
proper legal standards governing the application of copyright’s secondary
liability principles to internet search engines like Google; and (3)
whether the creation and display of thumbnails by search engines properly
qualifies as fair use. Read
Brief
LCA Identifies Negative areas of Broadcast Video Flag
On June 21, 2006, the
Library Copyright Alliance and others sent a letter to the Committee
on Commerce, Science and Transportation concerning the of S. 2686 portion
about the broadcast video flag, it identified three areas where the
flag could negatively affect lawful non-commercial uses of broadcast
content: distance education; other educational and research uses permitted
by the Copyright Act; and discourse involving news, public affairs programs,
and public domain materials. Read
Letter
Broadcast and Audio Flag Testimony
On January 24, 2006, Jonathan Band testified on behalf of the Library
Copyright Alliance (LCA) on Broadcast and Audio Flag. The LCA testimony
explains specific concerns with the Federal Communications Commission’s
(FCC) broadcast flag rule, and urges the Committee to address these
concerns before adopting legislation authorizing the FCC to promulgate
the rule. Read Testimony.
LCA and MLA provide Comments on Circumvention of Copyright Protection Systems
On December 1, 2005, the Library Copyright Alliance (LCA) and the Music Library Association (MLA) submitted comments on exceptions that the Library of Congress should grant pursuant to 17 U.S.C. § 1201(a)(1)(C), pursuant to the Notice of Inquiry (NOI) published by the Copyright Office.
LCA and MLA are pleased to observe that in the NOI, the Office seems to have backed away from rigid application of the “substantial adverse impact” standard articulated in the previous rulemakings. Moreover, the Office has qualified the standard for actual harm from always requiring a showing of “actual instances of verifiable problems” to “generally” requiring such a showing. Nonetheless, the Office continues to interpret the “likely” adverse effects standard as “require[ing] proof that adverse effects are more likely than not to occur.” Read Comments
LCA Statement on "Fair Use: Its Effects on Consumers and Industry"
On November 16, 2005, Prudence S. Adler gave a statement on behalf of
the LCA in a Hearing on "Fair Use: Its Effects on Consumers and
Industry” The statement was presented to the Subcommittee on Commerce,
Trade, and Consumer Protection, U.S. House of Representatives, Committee
on Energy and Commerce. Fair use is central to libraries ability to
achieve many facets of their missions. Libraries are essential to the
communities that they serve and to our Nation. Libraries preserve and
provide access to our cultural, historical and scientific heritage;
support and encourage research, education and lifelong learning; and
provide a venue for community engagement on a host of issues. Read
full statement.
LCA Requests Hearings on U.S. Government’s
Negotiation Position on Broadcast Treaty
On October 18, 2005, the Library Copyright Alliance
delivered letters to Senator Orrin Hatch, Senator Patrick Leahy, Representative
Howard Berman, and Representative Lamar Smith. The letters request that
hearings be held concerning the negotiating position of the U.S. government
with respect to the Broadcast Treaty. For several years, the Patent
and Trademark Office and the Copyright Office have been participating
in discussions at the World Intellectual Property Organization (WIPO)
concerning a proposed Treaty on the Protection of Broadcasting Organizations.
The WIPO General Assembly recently decided to attempt to convene a diplomatic
conference to finalize the Broadcast Treaty in late 2006 or early 2007.
Read the Berman Letter,
Hatch Letter, Leahy
Letter, Smith Letter
LCA Urges Hearings on Broadcast Flag before Adopting Legislation
On September 19, 2005, the Library Copyright Alliance delivered a letter
to Senator Stevens, Chair of the Senate Committee on Commerce, Science
and Transportation. The letter urges the committee to hold hearings
before adopting any legislation authorizing the Federal Communications
Commission (FCC) to promulgate Broadcast Flag. If Broadcast Flag went
into effect, it would, at minimum, hamper the use of broadcast materials
for teaching and scholarship, and harm effective public discourse (which
often requires the copying and redissemination of broadcast content).
For example, a website seeking to demonstrate the disparate treatment
on the news of black "looters" and white "food liberators"
in the wake of Hurricane Katrina would need to include clips of television
news broadcasts. Read Letter
LCA Fair-Use Comments Requested from Australia
On June 30, 2005, The Library Copyright Alliance (LCA) provided comments
regarding fair-use to the Australian government. Australia is considering
adopting a U.S.-style fair use exception, and information colleagues
in Australia requested the LCA to weigh in. The LCA consists of five
major library associations—the American Association of Law Libraries,
the American Library Association, the Association of Research Libraries,
the Medical Library Association, and the Special Libraries Association.
These five associations collectively represent over 139,000 libraries
in the United States employing 350,000 librarians and other personnel.
These five associations cooperate in the LCA to address copyright issues
that have a significant effect on the information services libraries
provide to their users. The LCA’s mission is to foster global access
to information for creative, research, and educational uses. Read
Comments
U.S. Supreme Court Rules on MGM v. Grokster
June 27, 2005--In a unanimous ruling in Metro-Goldwyn-Mayer
Studios v. Grokster, the U.S. Supreme Court declared that distributors
of peer-to-peer (P2P) file-sharing systems may be held liable if they
actively induce copyright infringement by users of those P2P systems.
Importantly, the Court strongly reaffirmed its earlier ruling in Sony
Corp of America v. Universal City Studios which held that technologies
could not be outlawed if they were capable of substantial noninfringing
uses. The Library Copyright Alliance welcomes this balanced decision
that supports the interests of libraries while addressing issues of
widespread copyright infringement. By focusing on conduct that induces
infringement, rather than on the distribution of technology, the decision
ensures the continued availability of new and evolving digital technologies
to libraries and their patrons. Read
Press Release
The U.S. Supreme Court's decision followed its March 29, 2005, hearing
of arguments in the case Metro-Goldwyn-Mayer Studios v. Grokster. This
is an important case to the library, education, technology and consumer
electronics communities as there are significant implications for future
technological development and innovation. In this case, 28 entertainment
companies sued the makers of file-sharing services, Grokster, Kazaa,
and Morpheus. The 9th U.S. Circuit Court of Appeals in San Francisco
ruled that file-sharing services were not liable for their users' illegal
activity. The ruling cited the precedent set in the U.S. Supreme Court
decision, Sony Corp. v. Universal City Studios (known as the Sony Betamax
decision, 1984), and noted that file sharing systems have significant
non-infringing uses not unlike videocassette recorders that allow consumers
to make copies of copyrighted works for the purposes of time-shifting.
The Library Copyright Alliance (composed of American Association of
Law Libraries, American Library Association, Association of Research
Libraries, Medical Library Association, and Special Libraries Association),
the Internet Archive, the ACLU, and Project Gutenberg filed an amicus
brief before the U.S. Supreme Court. The brief presented includes examples
of peer-to-peer applications in the education and library arenas as
well as a focus on free speech issues. Read
Brief
These organizations also filed an amicus brief when the case was before
the Court of Appeals. Read
Brief
LCA Comments on Orphan Works
On May 9, 2005, The Library Copyright Alliance (LCA) provided additional
comments to the Copyright Office’s Notice of Inquiry concerning orphan
works. The LCA consists of five major library associations – the American
Library Association, the Association of Research Libraries, the American
Association of Law Libraries, the Special Libraries Association, and
the Medical Library Association. These five associations collectively
represent over 139,000 libraries in the United States employing 350,000
librarians and other personnel. These five associations cooperate in
the LCA to address copyright issues that affect libraries and their
patrons. Read
Comments
LCA Survey Results on Orphan Works
On March 25, 2005, The Library Copyright Alliance (LCA) responded to
the Copyright Office’s timely Notice of Inquiry concerning orphan works.
In response to the Notice of Inquiry, the associations in LCA contacted
their members to gather information concerning their experience with
the orphan work problem. These responses indicate that the problem exists
at large research libraries affiliated with universities as well as
local public libraries. Orphan works include published and unpublished
works; literary works, photographs, illustrations, television commercials
and musical scores; domestic and foreign works. The LCA consists of
five major library associations – the American Library Association,
the Association of Research Libraries, the American Association of Law
Libraries, the Special Libraries Association, and the Medical Library
Association. These five associations collectively represent over 139,000
libraries in the United States employing 350,000 librarians and other
personnel. These five associations cooperate in the LCA to address copyright
issues that affect libraries and their patrons. Read
Comments