Library Copyright Alliance Files Briefs, Submits Comments

Library Copyright Alliance Logo The Library Copyright Alliance (LCA), whose members are the American Library Association, Association of Research Libraries, and Association of College and Research Libraries) continues to address copyright issues that affect libraries and our users. In recent weeks, LCA has worked for the library community in the following ways:

Support for Marrakesh Treaty Implementation
Together with other members of LCA, on February 22, 2017, ACRL signed on to a statement issued by the National Federation of the Blind supporting the immediate ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, as well as the immediate passage of a ‘Marrakesh Treaty Implementation Act of 2017’ to make modest adjustments of United States copyright law.

Comments to Copyright Office on Section 512 Study
On February 17, 2017, LCA submitted additional comments in response to the request issued by the Copyright Office concerning its study of Section 512 of the Digital Millennium Copyright Act and as a follow up to LCA’s initial comments (April 2016) and participation in a May 2016 roundtable in New York. In this set of comments, LCA urged the Copyright Office to evaluate Section 512 in balance with the rest of the DMCA, considering the larger context in which Congress created the safe harbor system and in which the system must be evaluated. LCA also pointed out that for two decades, the federal government has strongly supported broadband availability in libraries and educational institutions and a uniform repeat infringer policy could undermine the achievements of the federal government’s broadband policy.

Amicus Brief: Capitol Records, LLC v. ReDigi Inc.
On February 14, 2017, members of LCA filed an amicus brief in support of reversal, believing fair use enables the application of the first sale right with respect to the transmission of digital works in appropriate circumstances.

Amicus Brief: Cambridge University Press v. J. L. Albert
On February 13, 2017, members of LCA filed an amicus brief in support of affirmance which makes three primary points. First, that the Georgia State University (GSU) e-reserves policy embodies widespread and well-established best practices for fair use and the Court should resist the publishers’ invitation to upend the consensus which the GSU policy reflects. Second, that the nature of these scholarly works favors fair use in every instance at issue. Third, that the District Court properly considered whether GSU’s use would cause substantial harm finding any adverse impact to be minimal in most cases while the public benefit of allowing the use at issue here is substantial.

Input on Register of Copyrights
In response to a public call, LCA provided input on January 31, 2017, about the the knowledge, skills, and abilities we believe are the most important for the Register of Copyrights and about top priorities for the Register.

Comments on White Paper on Reform of the Copyright Office
In response to a white paper entitled “Reform of the U.S. Copyright Office” issued by the US House of Representatives Judiciary Committee, LCA provided comments on January 31, 2017. While LCA strongly agrees with the objective of modernizing the Copyright Office so that it can meet the challenges of the 21st Century, we disagree that statutory reform of the Copyright Office is necessary to accomplish these objectives.