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Other Copyright Matters

  • LCA Releases Issue Brief on Impact of Kirtsaeng v. Wiley Decision on Libraries
    On April 2, 2013, Jonathan Band, on behalf of the Library Copyright Alliance (LCA), published an issue brief on the impact on libraries in response to the Supreme Court's decision in the Kirtsaeng v. Wiley case. Read Brief

  • Berkeley Clinic Prepares Fair Use White Paper for LCA
    On February 15, 2013, the Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, published a white paper on behalf of the Library Copyright Alliance (LCA). The paper, "How Flexibility Supports the Goals of Copyright Law: Fair Use and the US Library Experience," was created for discussion at the 2nd Global Congress on Intellectual Property and the Public Interest at Fundação Getulio Vargas in Rio de Janeiro, Brazil in December 2012. Read White Paper

  • First Sale Fast Facts for Libraries
    On January 18, 2013, the Library Copyright Alliance (LCA) published a one-page FAQ for libraries on the First Sale doctrine and how it relates to the Kirtsaeng v. Wiley case. Read PDF

  • LCA Comments on Authors Guild v. HathiTrust Decision
    On October 10, 2012, Judge Harold Baer put forth a decision that the HathiTrust Digital Library’s (HDL) use of digitized works is a fair use permitted under the Copyright Act. Judge Baer's key holding was: "I cannot imagine a definition of fair use that would not encompass the transformative uses made by [HDL] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the [Americans with Disabilities Act]." Judge Baer's ruling not only allows HathiTrust to continue serving scholars and the print disabled, it also provides helpful guidance on how future library services can comply with copyright law. Read LCA Press Release

  • Golan v. Holder Decision Summary
    On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The American Library Association (ALA), the Association of Research Libraries (ARL), and the Association of College and Research Libraries (ACRL) joined an amicus brief written by Electronic Frontier Foundation in support of reversal. This brief, referred to as the ALA brief, received significant attention in both the majority and dissenting opinions. On February 6, 2012, Jonathan Band, on behalf of LCA, wrote a decision summary about the case. Read Summary

  • LCA Writes Letter to Representatives Regarding SOPA Act Write Up
    On December 21, 2011, the Library Copyright Alliance (LCA) sent a letter to members of the US House Judiciary Committee thanking them for their vigorous advocacy of First Amendment rights and the value of an open and secure Internet during last week’s markup of the Stop Online Piracy Act (SOPA). Read Letter

  • LCA Writes Letter to House Judiciary Committee Regarding Manager's Amendment to SOPA Act
    On December 14, 2011, the Library Copyright Alliance (LCA) sent a letter to members of the US House Judiciary Committee, outlining its concerns with the Stop Online Piracy Act (SOPA). The letter focused on the Manager's Amendment, specifically that it did not address the problems with treatment of streaming video that LCA identified in its November 8, 2011, letter (see below). Read Letter

  • LCA Writes Letter to House Judiciary Committee on SOPA Act
    On November 8, 2011, the Library Copyright Alliance (LCA) sent a letter to members of the US House Judiciary Committee, outlining its concerns with the Stop Online Piracy Act (SOPA). The letter focused on section 201, specifically the definition of willfulness in section 201(c) and the expansion of criminal penalties to public performances in section 201(a), which together could threaten important library and educational activities. Read Letter

  • LCA Issues Statement on Copyright Reform
    On May 16, 2011, the Library Copyright Alliance (LCA) released a statement describing the key features copyright reform proposals should include in order to constitute significant improvement over current law for libraries and their users. Interested parties are discussing with renewed vigor the issues of orphan works, mass digitization, and even modernization of Section 108 of the US Copyright Act in the wake of the Google Books settlement rejection by Judge Denny Chin of the Southern District of New York. The LCA statement, which represents the needs of library stakeholders in these debates, provides helpful guideposts for these discussions. Read Statement

  • LCA Releases Paper on Impact of Costco v. Omega
    On January 31, 2011, the Library Copyright Alliance (LCA) released a paper, written by Jonathan Band, that examines the much-discussed Costco v. Omega non-decision, which left in place a controversial 9th Circuit ruling that could have significant consequences for library lending practices. Read Issue Brief [PDF]

  • LCA Releases Issue Brief on Streaming of Films for Educational Purposes
    On February 19, 2010, the Library Copyright Alliance (LCA) released an issue brief that reviews the legal status of streaming entire films to students located outside of physical classrooms. The discussion was prompted by recent news of a disagreement between the University of California, Los Angeles (UCLA) and a media equipment trade association over the streaming of films to students as part of an online courseware system. Read Issue Brief [PDF]

  • LCA Joins Letter on "Piracy"
    On July 6, 2009, the Library Copyright Alliance submitted a letter to the Senate Committee on Foreign Relations to voice concern over the use of the term "piracy" in Section 328 of H.R. 2410, the Foreign Relations Authorization Act. Read letter [PDF]

  • LCA Submits Comments to the Copyright Office on the Visually Disabled
    On April 28, 2009, the Library Copyright Alliance submitted comments in response to the Notice of Inquiry (NOI) published by the Copyright Office in the Federal Register on March 25, 2009, on the topic of facilitating access to copyrighted works for the blind or persons with other disabilities. Read paper [PDF]

  • ALA and ARL Submit Letter to President on Future Appointments
    On April 2, 2009, members of the Library Copyright Alliance joined public interest groups, library associations, and trade associations to urge President Obama to increase the balance in appointments to intellectual property policy positions and to create offices devoted to promoting innovation and free expression within the relevant agencies. Read letter [PDF]

  • ALA and ARL Write Letter Urging Denial of CNN v. Cablevision
    On March 17, 2009, the American Library Association and the Association of Research Libraries joined other nonprofits and industry associations in voicing support for the Solicitor General in advising the Supreme court against granting certiorari in the case of CNN v. Cablevision. Read letter [PDF]

  • LCA Members Release Balanced Copyright Innovation Agenda
    In December 2008, members of the Library Copyright Alliance joined other organizations in releasing a set of agenda items to urge the Administration to safeguard the copyright balance and protect the right to innovate in order to ensure the vitality of the information-driven economy. Read letter [PDF]

  • LCA Creates A Pro-Library Copyright Agenda
    In December 2008, the Library Copyright Alliance released a set of agenda items focused on the goals of LCA in regard to copyright issues that have a significant effect on the services libraries provide to their users, as well as fostering global access to information for creative, research, and educational uses. Read agenda [PDF]

  • LCA Supports Opening an Investigation by the FTC on Consumer Deception
    In August 2007 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 [PDF]
Read Full Complaint [PDF]
Read CCIA Article
Read Wall Street Journal Article

  • 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 Statement [PDF]