ALAWON v6n76 (September 4, 1997) URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v6n76 ================================================================= 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 Association Washington Office. To subscribe, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc @ala.org. To unsubscribe, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/ washoff/alawon. Visit our Web site at http://www.alawash.org. 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 Deirdre Herman, Managing Editor 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. =================================================================