[Libs-Or] Fwd: [ALA-WO:366] Libraries Urge Support of Newly Introduced FAIR USE Act

[Diedre Conkling]

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Subject: [ALA-WO:366] Libraries Urge Support of Newly Introduced FAIR USE Act
Date: Fri, 2 Mar 2007 16:10:40 -0500
From: "ALAWASH E-MAIL" <ALAWASH at alawash.org>
To: ALA Washington Office Newsline <ala-wo at ala.org>

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American Library Association
Washington Office Newsline

ALAWON
Volume 16, Number 022
March 2, 2007




________________________________

Libraries Urge Support of Newly Introduced FAIR USE Act

________________________________


The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE)
Act of 2007, H.R. 1201, was introduced on February 27. The FAIR USE Act
is co-sponsored by Congressman Rick Boucher (D-VA), Congresswoman Zoe
Lofgren (D-CA) and Congressman John Doolittle (R-CA). Libraries urge
other Members of Congress to co-sponsor this important bill that would
amend the copyright law. 


Section 1201 of the Digital Millennium Copyright Act (DMCA) prohibits
circumventing a technological protection measure placed on a copyrighted
work to prevent access. There are very limited exceptions to the
anti-circumvention provision and these exemptions sunset every three
years under the current statutory scheme. At the end of 2006, the
Librarian of Congress approved six exemptions from the prohibition on
circumvention of technological locks. The FAIR USE Act makes these six
exemptions permanent for uses that do not infringe copyright, for
example, educational uses in a classroom. 

Two of these exemptions are particularly important to the library
community. During the rulemaking proceeding before the Library of
Congress, the library community supported the exemptions for screen
readers for the visually impaired and film clip compilations for college
media studies classes. The Fair USE Act would ensure that these
activities can continue in the future. 

Additionally, the FAIR USE Act would extend the determinations of the
Librarian of Congress in six narrow circumstances. For example, the Fair
Use Act would extend the film clip exemption to all classrooms instead
of just college media studies classes. It would allow access to public
domain works, as well as works of substantial public interest. 

The bill also would permit a library to circumvent technological
protections for the purpose of preservation of works in a library's
collection. Preservation is a critical function as libraries preserve
our Nation's cultural and scientific heritage. 
In addition to the provisions aimed at expressly helping libraries, the
FAIR USE Act would codify the U.S. Supreme Court's 1984 ruling that a
copying technology (in that case, the videocassette recorder) is
permissible under the Copyright Act so long as the technology can be
used for non-infringing as well as infringing purposes. The bill also
would limit the availability of statutory damages against individuals
and firms who may be found to have engaged in contributory infringement,
inducement of infringement, vicarious liability or other indirect
infringement. 

Visit the ALA's Legislative Action Center
<http://www.capwiz.com/ala/issues/alert/?alertid=9453126&type=CO>  to
write your Member of Congress in support of the FAIR USE Act of 2007!


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