Library Copyright Alliance Submits Comments and Issues Statements

Library Copyright Alliance
Library Copyright Alliance

As part of the Library Copyright Alliance (LCA, whose members are the American Library Association, the Association of Research Libraries, and ACRL), we continue to advocate for the interests of our community, taking the following recent actions:

On January 5, 2022, LCA submitted reply comments to the Copyright Office about their Publishers’ Protection Study (after previously submitting comments on November 24 in response to their notice and after roundtables were held December 9). The reply comments focused on a few critical points including: the definition of a news aggregator, not using this study to revisit fair use and implied consent, and the constitutionality of ancillary copyright protection.

On January 12, 2022, LCA issued a position statement which opposes a proposal to establish the Copyright Office as an executive branch agency within the Department of Commerce, led by a presidentially appointed Register of Copyrights. LCA explained that the Copyright Office should stay in the Library of Congress because moving it could interfere with the smooth operation of the deposit requirement, upset the delicate balance of interests envisioned in the Constitution’s IP clause, and produce even narrower exemptions in the triennial section 1201 rulemaking. Consolidation of these separate IP agencies within one standalone IP agency would eliminate the structural checks that keep our IP system in balance.

On January 12, 2022, LCA issued a second position statement recommending a new approach to foreign commercial-scale infringement. LCA asserts that the best way to combat infringement overseas is to improve the legitimacy of copyright law through the support of balanced copyright frameworks similar to that of the United States. Instead of focusing solely on punitive measures, like trade sanctions, U.S. government representatives should advocate in other countries for adoption of well-crafted exceptions just as strongly as they call for stronger enforcement mechanisms.