[11633] in Public-Access_Computer_Systems_Forum
Digital Copyright Clarification and Technology Act of 1997
daemon@ATHENA.MIT.EDU (Sloan, Bernie)
Mon Sep 8 20:45:08 1997
Date: Mon, 08 Sep 1997 16:32:04 -0500
From: "Sloan, Bernie" <bernies@uillinois.edu>
To: PACS-L@LISTSERV.UH.EDU
Reply-To: Public-Access Computer Systems Forum <PACS-L@LISTSERV.UH.EDU>
----------------------------Original message----------------------------
Thought that many of you might be interested in the
following report on the Digital Copyright Clarification
and Technology Act of 1997, which was recently
introduced in the U.S. Senate.
Bernie Sloan
++++++++++++++++++++++++++++++++++++++++++++
Bernie Sloan
Senior Library Information Systems Consultant
University of Illinois Office for Planning & Budgeting
338 Henry Administration Building
506 S. Wright Street
Urbana, IL 61801
Phone: 217-333-4895
Fax: 217-333-6355
e-mail: bernies@uillinois.edu
>=================================================================
>ALAWON Volume 6, Number 76
>ISSN 1069-7799 September 4, 1997
>
> American Library Association Washington Office Newsline
>
>In this issue: (130 lines)
>
>AMERICAN LIBRARY ASSOCIATION PRAISES SENATOR ASHCROFT
>FOR INTRODUCING BALANCED COPYRIGHT LEGISLATION; ACTION NEEDED
>_________________________________________________________________
>
> AMERICAN LIBRARY ASSOCIATION PRAISES SENATOR ASHCROFT
> FOR INTRODUCING BALANCED COPYRIGHT LEGISLATION; ACTION NEEDED
>
>The American Library Association praised Sen. John Ashcroft
>(R-MO) for introducing the Digital Copyright Clarification and
>Technology Act of 1997 (S. 1146) yesterday.
>
>Specifically, the "Digital Copyright Clarification and Technology
>Act of 1997" would amend the Copyright Act to make clear that:
>
>-- libraries and non-profit educational institutions should not
>be liable for copyright infringement based solely on the basis of
>their users' activities and that any changes to the law of
>liability in this area must recognize the unique nature and
>mission of libraries and schools;
>
>-- the Fair Use Doctrine (Section 107 of the Copyright Act)
>applies in the digital environment;
>
>-- libraries and archives may use digital technology to preserve
>endangered materials and may make three preservation copies
>(provided that only one is available for use at a given time);
>
>-- educators engaged in distance or asynchronous learning may
>use computer networks to remotely distribute a broader range of
>materials directly related to a defined curriculum to students
>enrolled in their classes;
>
>-- electronic copies of material incidentally or temporarily
>made in the process of using a computer network may not serve as
>the sole basis for copyright infringement liability; and
>
>-- individuals who deliberately use a computer network to
>violate copyright should be subject to substantial civil (but not
>criminal) liability, and that punishing infringing conduct is a
>better way to deter illegal activity than banning the manufacture
>of valuable devices with multiple purposes, such as personal
>computers or the next generation of video recorders. (Librarians
>and educators must have access to such devices to actually take
>advantage of fair use or other privileges afforded them under the
>Copyright Act.)
>
>Robert Oakley, director of the Law Library at Georgetown
>University Law Center, said he was pleased with the introduction
>of Sen. Ashcroft's bill, which deals with many copyright issues
>currently facing the library community. Oakley--who testified
>today at a congressional hearing on online service provider
>liability on behalf of 18 of the nation's principal education and
>library organizations, including ALA--said that the hearing was a
>good dialogue between content providers and Internet service
>providers.
>
>ALA is a member of the Digital Future Coalition, a collaboration
>of 38 of the nation's leading nonprofit educational, scholarly,
>library and consumer groups, together with major commercial trade
>associations representing leaders in the consumer electronics,
>telecommunications, computer and network access industries.
>
>BACKGROUND: As previously reported, the Clinton Administration
>forwarded the December 1996 WIPO Copyright (and a related
>Phonograms) Treaty to the Senate in late July (see ALAWON v6,
>n67, August 1, 1997). Shortly thereafter, the Administration's
>legislation to implement the treaties was introduced in both
>chambers of Congress (S. 1121 and H.R. 2281). A separate House
>bill pertaining to the copyright liability of online service
>providers (H.R. 2180) also was introduced.
>
>While Chairman Coble's H.R. 2180 constitutes a constructive
>starting point for the online service providers debate in the
>House, Sen. Ashcroft yesterday proposed broad new legislation
>which better reflects the interests and needs of libraries. Sen.
>Ashcroft is a member of the Senate Judiciary Committee (to which
>his bill will be referred) and also sits on the Senate Commerce
>and Foreign Relations Committees, both of which will play
>significant roles in the coming domestic debate over WIPO Treaty
>ratification and implementation.
>
>ACTION NEEDED: Sen. Ashcroft's action and Congressional Record
>statement yesterday (which quotes Sara Parker, Missouri's State
>Librarian) will help assure that the copyright issues of the
>greatest importance to libraries and educational institutions
>receive the proper attention during the ratification and
>implementation process. He is, however, just one of hundreds of
>Senators and Representatives whose support will be needed if the
>"Digital Copyright Clarification and Technology Act of 1997" is
>to become law. By Friday, September 12 library supporters in all
>50 states are asked to:
>
>1. E-mail or fax your thanks to Sen. John Ashcroft at
>202/228-6154, especially if you're a Missourian;
>
>2. E-mail or fax a message to your Senators and
>Representatives. Urge them to support the "Digital Copyright
>Clarification and Technology Act" (S. 1146) and encourage them to
>contact Adam Eisgrau, legislative counsel for ALA's Washington
>Office, at 202/628-8410 for more information on the copyright
>bill.
>_________________________________________________________________
>
>ALAWON is a free, irregular publication of the American Library
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>
>ALA Washington Office 202.628.8410 (V)
>1301 Pennsylvania Ave., NW, #403 202.628.8419 (F)
>Washington, DC 20004-1701 800.941.8478 (V)
>
>Lynne E. Bradley, Editor <leb@alawash.org>
>Deirdre Herman, Managing Editor <alawash@alawash.org>
>
>Contributors: Carol C. Henderson
> Adam Eisgrau
>
>All materials subject to copyright by the American Library
>Association may be reprinted or redistributed for noncommercial
>purposes with appropriate credits.
>=================================================================
>
