[LINK] Fwd: [ALA-WO:561] INFO/COPY: New Copyright Rules Bad for the American Public (ALAWON v.9 n. 85)

[Tony Barry]

.Forwarded for information.

Tony
----------------------------------




>Date: Thu, 26 Oct 2000 15:24:16 -0400
>From: "ALAWASH E-MAIL" <ALAWASH@alawash.org>
>To: ALA Washington Office Newsline <ala-wo@ala1.ala.org>
>Subject: [ALA-WO:561] INFO/COPY: New Copyright Rules Bad for the 
>American Public
>	(ALAWON v.9 n. 85)
>Sender: owner-ala-wo@ala1.ala.org
>
>ALAWON: American Library Association Washington Office Newsline
>Volume 9, Number 85
>October 26, 2000
>
>In this issue:
>
>NEW DIGITAL COPYRIGHT RULES BAD FOR THE AMERICAN PUBLIC
>
>The Librarian of Congress James Billington has ruled against the
>American public and library users by negating fair use in the
>digital arena. Billington allowed only two exceptions in the fair
>use proceeding involving the 1201 anticircumvention provision of
>the Digital Millennium Copyright Act (DMCA). 
>
>A preliminary review of the ruling reveals that Billington adopted
>recommendations by Marybeth Peters, Register of Copyrights, to
>provide exemptions only for malfunctions and to determine which
>sites are blocked by filtering software. The exemption related to
>circumventing filtering software may be useful although
>problematic.
>
>The library community as well as members of Congress, the U.S.
>Department of Commerce, the K-12 and higher education communities,
>and many others have argued in the 1201 proceeding and elsewhere,
>that the longstanding principle of fair use must continue in the
>digital era. Because of this decision users of digital information
>will have fewer rights and opportunities than users of print
>information.  In fact, the pay-for-use scenario that librarians
>have feared appears to have now become a reality with this rule.
>
>"The Copyright Office has issued a misguided ruling taking away
>from students, researchers, teachers and librarians the long
>standing basic right of "fair use" to our Nation's digital
>resources,"  said Nancy Kranich, ALA president. "All library users
>will be impacted."
>
>ALA, in conjunction with the American Association of Law
>Libraries, the Association of Research Libraries, the Medical
>Library Association and the Special Libraries, submitted strong
>filings and testimony in the proceeding arguing that there should
>be exemptions from the Copyright Act's new restrictions against
>accessing copyright works that are protected by technological
>measures. 
>
>Peters' conclusion in her recommendations to the Librarian of
>Congress reads as follows:
>
>CONCLUSION
>Pursuant to the mandate of 17 U.S.C. 1201 (b) and having
>considered the evidence in the record, the contentions of the
>parties, and the statutory objectives, the Register of Copyrights
>recommends that the Librarian of Congress publish two classes of
>copyrighted works where the Register has found that non-infringing
>uses by users of such copyrighted works are, or are likely to be,
>adversely affected, and the prohibition found in 17 U.S.C., 1201
>(a) should not apply to such users with respect to such class of
>work for the ensuing 3-year period.  The classes of work so
>identified are:
>
>1. Compilations consisting of  lists of Websites blocked by
>filtering software applications; and
>
>2. Literary works, including computer programs and databases,
>protected by access control mechanisms that fail to permit
>access because of malfunction, damage or obsoleteness.
>
>The Register notes that any exemption of classes of copyrighted
>works published by the Librarian will be effective only until
>October 28, 2003.  Before the period expires, the Register will
>initiate a new rulemaking to consider de novo what classes of
>copyright works, if any, should be exempt from 1201 (a)(1)(A)
>commencing October 28, 2003.
>
>ALA is reviewing the ruling in great detail.  Options now include
>requesting a reconsideration of the ruling as well as litigation.
>
>For background see ALAWON volume 9, number 16:
>(http://www.ala.org/washoff/alawon/alwn9016.html)
>and volume 9, number 33: (http://www.ala.org/washoff/alawon/alwn9033.html)
>and the ALA Issue Brief:
>http://www.ala.org/washoff/Rulemaking.PDF
>
>The Librarian's ruling is expected to be published in the Federal
>Register on October 27th or 30th. For information about the
>rulemaking process, see the Library of Congress web site:
>http://www.loc.gov/copyright/1201/anticirc.html
>
>******
>ALAWON (ISSN 1069-7799) is a free, irregular publication of the
>American Library Association Washington Office. All materials
>subject to copyright by the American Library Association may be
>reprinted or redistributed for noncommercial purposes with
>appropriate credits.
>
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>
>ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403,
>Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478
>toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web
>site: http://www.ala.org/washoff.  Executive Director: Emily
>Sheketoff. Office of Government Relations: Lynne Bradley,
>Director; Mary Costabile, Peter Kaplan, Miriam Nisbet and
>Claudette Tennant. Office for Information Technology Policy: Rick
>Weingarten, Director; Jennifer Hendrix, Carrie Russell and Saundra
>Shirley. ALAWON Editor: Bernadette Murphy.

-- 
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phone  +61 2 6241 7659
mailto:me@Tony-Barry.emu.id.au
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On Aboriginal Policy
"And if governments will not act, then this is a matter on which
people must act to secure a government that will.The dignity and
self esteem of Australia at some point will demand it."

Malcolm Fraser 24 Aug 2000