[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: New Interpretation of Digital-Copyright Provision Disappoints Scholars



So when did Library of Congress become responsible for making what sounds
like laws?

Barbara M. Pope, M.L.S.
O.J. Cloughly Alumni Library
St. Louis College of Pharmacy
4588 Parkview Place
St. Louis, MO 63110
Voice: +1 314-367-8700, ext. 1001
Fax:    +1 314-367-2784
Email:  bpope@stlcop.edu


-----Original Message-----
From: Peter J. Roberts [mailto:LIBPJR@LANGATE.GSU.EDU]
Sent: 31 October, 2000 12:43 PM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: New Interpretation of Digital-Copyright Provision Disappoints
Scholars


FYI

10/31/00 Daily Report from ACADEME TODAY

New Interpretation of Digital-Copyright Provision Disappoints Scholars

By ANDREA L. FOSTER


Washington

Scholars are denouncing a Library of Congress rule that sharply limits when
people can sidestep
technological devices designed to restrict the use of online material
protected under copyright
law.

The final rule, which took effect Saturday, clarifies a vaguely worded
provision in the Digital
Millennium Copyright Act. The provision allows people to circumvent the
blocking devices
under limited circumstances, but doesn't spell out what those circumstances
are.

The library's new rule (http://www.loc.gov/copyright/fedreg/65fr64555.html)
says the devices
can be sidestepped only for two categories of works: lists of Web sites
blocked by software
filters, and literary works or databases that have malfunctioning blocking
mechanisms. The rule
was recommended by Marybeth Peters, the register of copyrights, and enacted
by James H.
Billington, the librarian of Congress.

Scholars were hoping for a broader interpretation of the exception, one that
would allow them to
freely download portions of literary, musical, and video materials and
distribute them to
colleagues and students.

"Once again, content owners have successfully promoted their own narrow
financial interests
over the broader public interest in preserving consumer access to literary,
scientific, and other
works," said Peter Jaszi, a professor at American University's Washington
College of Law. He is
a spokesman for the Digital Future Coalition, an umbrella group of
organizations seeking to
extend traditional fair-use principles to electronic material.

Mr. Jaszi added, "Today, consumers find themselves one step closer to the
pay-per-use society
envisioned by copyright owners."

The Motion Picture Association of America argued in a statement released in
February, when
recommendations on how the rule should be clarified were due, that the
circumvention ban
would benefit scholarship because "more works will be made more widely
available to more
authorized (lawful) users than before."

Time Warner Inc. said at the same time that the circumvention ban was
reasonable and that
blocking devices were not meant to prevent public distribution of video,
data, and music. "The
technological and legal measures are intended to protect the copyrighted
works against
unauthorized uses," wrote Bernard R. Sorkin, a lawyer for Time Warner, in a
statement.

"Anyone wanting to make 'fair use' of a copyrighted work need only follow
the same steps as he
or she would in the absence of technological protections; buy or rent a
copy, subscribe to a
transmission thereof or borrow a copy from a library."

Disappointed scholars said they were exploring other avenues for fighting
the circumvention ban,
including challenging the rule in court and pressing Congress to amend the
Digital Millennium
Copyright Act.

"We fought hard against this provision, and we lost, but maybe we ought to
try to resurrect this
issue in Congress," said John C. Vaughn, executive vice president of the
Association of
American Universities.

In its final rule, the Library of Congress cited a lack of concrete evidence
that educators have
been unduly harmed by the ban. Mr. Vaughn said the A.A.U. would begin asking
its members to
document the problems they encounter when trying to use digitally encrypted
material.

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>