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(FWD) NCC WASHINGTON UPDATE, Vol. 8, #8, March 1, 2002



> NCC WASHINGTON UPDATE, Vol. 8, #8, March 1, 2002
> by Bruce Craig <rbcraig@nccph.org>
> National Coordinating Committee for the Promotion of History (NCCPH)
> *****************
> 
> 1.   Supreme Court to Hear Copyright Extension Case
> 2.   National Museum of American History Job Posting
> 3.   New Annual FOIA Request Record Set
> 4.   More Nixon Tapes Released
> 5.   News Bits and Bytes: LC Web Sites
> 6.   Articles of Interest: Various Postings on "official secrecy"
> 
> 
> 1.   SUPREME COURT TO HEAR COPYRIGHT EXTENSION CASE
> On February 19, 2002, the U.S Supreme Court announced that when its term
> begins next October, it will take up the case, Eldred v. Ashcroft and
> decide whether the 1998 Copyright Term Extension Act that grants protection
> of existing copyrights by an additional 20 years is constitutional.
> 
> The case is perhaps the most important copyright matter the Court has taken
> up in decades in part due to the ramifications that the decision will have
> on the distribution of creative and historical works in the digital age. In
> particular, the Court's decision may have broad implications for historians
> and archivists: It could result in thousands of classic films, books, and
> music that first appeared in the 1920s and 30s becoming freely available on
> the Internet and elsewhere.
> 
> When Congress enacted the nation's first copyright act in 1790, the law
> protected written works of authors up to 28 years.  That protection
> remained in effect until 1909 when Congress doubled the limit to a possible
> 56 years.  Since the 1960s, Congress has repeatedly extended the maximum
> term, largely because of pressure from music and movie industry media
> giants.  In all, Congress has extended the period of copyright protection
> some 11 times over the last four decades, thus, in the words of one
> copyright expert, "transforming a limited monopoly into a virtually
> limitless one."
> 
> In 1998, Congress passed yet another copyright extension bill -- the Sonny
> Bono Copyright Term Extension Act. That law added 20 more years to most
> copyrights thereby preventing a large range of works from falling in the
> public domain. Under the Bono Act, films are protected for 95 years after
> their release, and works by authors and composers are covered for 70 years
> after the death of the individual creator.
> 
> Proponents of the Bono Act believed it was necessary to put the United
> States on equal footing with European law and to assert that Congress has
> the right to set the terms of copyright coverage. But some small
> publishers, archivists, librarians, and other Internet based businesses,
> filed suit arguing that by passing extension after extension Congress
> undermined the vision of the framers of the Constitution who did not intend
> copyright to extend indefinitely. Opponents of the Act, like University of
> California, Berkeley law professor Mark Lemley believe that "without some
> check on congressional power, it is unlikely that any of the cultural and
> historical works of the first half of the 20th century will ever enter the
> public domain."
> 
> Statistics provide some ammunition for those seeking to overturn the Bono
> Act. Millions of original works are copyrighted each year.  However, after
> the passage of time, few works actually remain in circulation. In 1930, for
> example, 10,027 books were published in the United States, yet today only
> 174 of them remain in print. Opponents of the copyright extension see a
> potential market for some of these works, but current law prevents anyone
> but the original copyright holders from reprinting them or otherwise making
> them available in digital or other formats.
> 
> Shortly after the Bono Act went into effect, Eric Eldred, an individual who
> runs an Internet library that posts works in the public domain, brought
> suit. His case, known as Eldred vs. Ashcroft (01-618) challenges the
> constitutionality of the new copyright act. Eldred believes that old books,
> songs and movies should flow continuously into the public domain and that
> the present law prevents published material from entering that domain.
> 
> Thus far, Eldred and his supporters have not fared well in court; in
> rulings by both a federal district and an appellate court, Congress's right
> to extend copyright laws has been upheld. Most recently, in a 2 to 1
> decision, the U.S. Court of Appeals for the District of Columbia Circuit
> found that Congress indeed had the authority to extend copyright and found
> that the law actually gave copyright holders "an incentive to preserve
> older works."  The Court held that retroactive term extensions clearly are
> within congressional authority under the copyright clause and that the
> 20-year term extension did not violate the First Amendment.
> 
> On December 13, 2001, the American Library Association, the American
> Association of Law Libraries, the Association of Research Libraries, the
> Digital Future Coalition, the Medical Library Association, and the Society
> of American Archivists filed an amici curiae brief in support of a request
> that the U.S. Supreme Court exercise its discretion to take the case. They
> urged the Supreme Court to hear and to overturn the decision by the federal
> appeals court for the D.C. Circuit.
> 
> The brief to the Supreme Court argues that the practical result of
> copyright term extension is that it "diminishes the ability of the public
> to be educated, to be entertained, and to engage in debate. Through
> excessive copyright extension, copyright owners will continue to restrict
> access to and exert censorial control over millions of works, thereby
> chilling discourse and cultural development long after incentives for
> production have ceased to operate."
> 
> The opponents to the copyright extension are represented by Lawrence
> Lessig, a Stanford University law professor considered one of the foremost
> legal experts on the Internet and the law.  The government is represented
> by Justice Department lawyers. Opponents, as they did in their brief to the
> high Court, are expected to argue the intent of the founding fathers has
> been subverted.  Government lawyers will probably assert that there is no
> legal precedent restricting Congress's ability to extend existing
> copyright. Court insiders believe the Justices will decide the case by
> focusing narrowly on the question of whether Congress exceeded its
> authority when it passed the most recent copyright extension.
> 
> Mark Greene, a member of the Society of American Archivist's (SAA) Council,
> and, with Peter Hirtle and Bill Maher, of Council's working group on
> Intellectual Property, note that the stakes for archivists in this case are
> very high: "The growing reluctance of publishers to risk printing even
> excerpts from unpublished material without clear copyright permission has
> begun to significantly hamper scholars' ability to use archival sources.
> The last Civil War veterans died in the 1950s; under CTEA copyright,
> protection in unpublished letters from that war could endure until 2030.
> How such ever-lengthening copyright protection helps 'to promote the
> Progress of Science and useful Arts,' as the Framers intended, is anyone's
> guess."
> 
> The SAA and others are urging archival and historical organizations to file
> (or sign on to) briefs supporting Eldred.  They assert that this case
> presents "an opportunity for archivists, librarians, historians, and others
> to explain their view on the importance of the public domain and the harm
> that flows from keeping works almost perpetually locked up."
> 
> Amicus curiae ("friend of the court" briefs) in support of Mr. Eldred's
> challenge to the current law will have to be filed by April 5, 2002. The
> oral argument before the Supreme Court is expected to take place next fall.
> 
> 2.   NATIONAL MUSEUM OF AMERICAN HISTORY JOB POSTING
> Normally, this newsletter does not post job openings. Once in a while,
> however, there is an announcement of such importance that there is a need
> to make readers aware of unique opportunities for history and archive
> professionals.  This is one such posting.
> 
> At long last, through a management/executive search firm Korn/Ferry
> International, the Smithsonian Institution has begun to circulate a
> position announcement for the Director of the National Museum of American
> History recently vacated by Spencer Crew. When this job announcement was
> forwarded to me by a reader it had the following attached message:
> "Recruiting announcement for Director, National Museum of American History
> -- no degrees, no scholarly work, no museum experience, no problem."  The
> online summary proves rather accurate, hence the need to distribute this
> announcement far and wide so that truly qualified candidates can at least
> apply and be considered.
> 
> The search is being conducted by Korn/Ferry International, one of the
> world's leading management search firms.  Based on a review of its online
> job postings the company appears to focus on corporate rather than on
> non-profit recruitment.  In addition to the Smithsonian position the firm
> is currently trying to fill positions such as director of corporate
> accounts for a major New Jersey based pharmaceutical company and
> Vice-President for Latin America for Starbucks Coffee Company.
> 
> The stated objective of the American History museum director search is to
> find an individual who will "provide creative leadership and an inspiring
> vision for the National Museum of American History." According to the
> posted announcement, the new director "will oversee the Museum's
> significant investment to transform the current space into a newly
> designed, renovated facility with world-class exhibitions and
> programs.  The Director will provide ongoing leadership and support for the
> staff of 300 people responsible for scholarly research and care of more
> than three million artifacts."
> 
> In the "Experience and Qualifications" statement there are no requirements
> for an advanced degree ("though an advanced degree in history or social
> science is highly desired"), no need for any museum management experience,
> or any need to provide evidence of a scholarly track record. However, ideal
> candidates should have "a demonstrated interest in and passion for the
> subject of American History."  Required qualifications are "proven dynamic
> leadership and the ability to successfully manage large complex
> organizations...strong ability to raise funds...ability to provide
> intellectual leadership and inspiration...[ability to be a] compelling
> communicator...[and] marketing and promotional experience."
> 
> To be considered for the position, it is necessary to register with
> e-Korn/Ferry but readers can review the job posting without registering by
> following these instructions: Tap into the web page:
> http://www.kornferry.com; click on the box labeled "Executive
> Opportunities" -- this brings you to a page where you will see a box
> entitled, "Region" where you will type in "North America"; at the box "job
> categories" scroll down to "Government, Education, and Not-for-profit"; hit
> return; When the announcement pages come up scroll down to the posting for
> "Director, National Museum of American History" and hit the return button.
> Only qualified candidates need apply.
> 
> 3.  NEW ANNUAL FOIA REQUEST RECORD SET
> According to a summary analysis entitled "Summary of Annual FOIA Reports
> for Fiscal Year 2000" released by the Department of Justice, the total
> number of Freedom of Information Act (FOIA) requests in FY 2000 reached a
> record annual high. For the first time in history, an excess of 2 million
> requests were received by all federal departments and agencies.
> 
> According to the report, the 2,235,201 requests are more than 13.5 percent
> greater than the number of requests received during FY 1999.  The analysis
> also states that expenditures on processing requests also set a record high
> --  $253,049,516.37.  This is the first time that the reported cost figure
> for FOIA processing passed the quarter-billion-dollar level.
> 
> To access the report tap into:
> http://www.usdoj.gov/oip/foiapost/2002foiapost3.htm.  In addition, an
> independent analysis of the "State of Freedom of Information" report based
> on prior year data is available from the National Security Archive. The
> report is available at: http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB51/.
> 
> 4.  MORE NIXON TAPES RELEASED
> On February 28, 2002, in accordance with the Presidential Recordings and
> Materials Preservation Act of 1974, the National Archives and Records
> Administration opened approximately 500 hours of White House tape
> recordings from the Nixon presidency.  This release -- the ninth set of
> Nixon White House tape materials released since 1980 --  constitutes the
> largest release of tapes from the National Archives at any one time.
> Included are approximately 426 hours of conversations that were recorded at
> the White House from January to June 1972.  With this release, to date,
> NARA has opened 1,779 hours of tapes from the Nixon presidency.
> 
> The 4,127 tape segments in this release are reproduced on 1,100 cassettes.
> NARA has designated approximately 154 hours as personal and returnable to
> the Nixon estate. Approximately 4 hours are restricted for national
> security, as provided for in Executive Order 12958.  Approximately 30
> minutes are restricted for invasion of privacy, 7 ½ hours as
> unintelligible, and 7 ½ hours have been deemed "non-historical."
> 
> The tapes cover a wide variety of domestic and foreign topics.  Of
> particular interest are recordings discussing the President's trip to the
> Peoples Republic of China, the war in Vietnam, the Watergate break-in, and
> a number of domestic issues including the retirement of John Mitchell, the
> possibility of Henry Kissinger becoming Secretary of State, John Connally's
> future in the Nixon Administration, and J. Edgar Hoover's successor.  There
> is also a discussion of the assassination attempt on Governor George
> Wallace with H.R. Haldeman, Charles Colson and John Connally.
> 
> To assist researchers in locating conversations on the tapes, free finding
> aids on disc are available. The aids includes the date, time, location, and
> an outline of conversations, and names of participants -- vital information
> that will help researchers locate conversations. The discs may be obtained
> from the Nixon Project staff at the National Archives at College Park by
> calling (301) 713-6950.
> 
> 5.  NEWS BITS AND BYTES:
> Item #1 - LC Web Sites:  The Library of Congress has several web sites
> worth taking a look at :
> "All History is Local: Students as Archivists" tells how students at the
> Arkansas School for Mathematics and Sciences analyzed archival materials,
> developed digital collections, and made their projects available online in
> the Arkansas Memory Project. This learning activity is designed so that
> teachers and students from other states & communities may adapt it to
> create their own local history Memory  Projects.
> http://memory.loc.gov/ammem/ndlpedu/lessons/98/local/intro.html "
> "The Constitution: Counter Revolution or National Salvation?" casts
> students in the role of politically active citizens in 1787, when the
> Federal Convention in Philadelphia presented the nation with a new model of
> government. Students, using primary documents from American Memory, produce
> a broadside in which they argue for or against replacing the Articles of
> Confederation with the new model -- the Constitution.
> http://memory.loc.gov/ammem/ndlpedu/lessons/broad/intro.html
> "The Frederick Douglass Papers" presents the papers of the 19th- century
> African-American abolitionist who escaped from slavery and then risked his
> own freedom by becoming an outspoken antislavery lecturer, writer, and
> publisher. The first release of the Douglass Papers contains 2,000 items
> (16,000 images) that span the years 1841 to 1964 & relate to Douglass's
> life as an escaped slave, abolitionist, editor, orator, and public
> servant.  http://memory.loc.gov/ammem/doughtml/doughome.html
> 
> 6.  ARTICLES OF INTEREST:  This week we have a series of articles focusing
> on the Bush Administration's efforts to expand the scope of official
> secrecy.  For several authors, official secrecy seems to be a "defining
> characteristic of the Bush presidency." A special thanks to the Federation
> of American Scientist's "Project on Government Secrecy" for these postings.
> "More than any of its recent predecessors, this administration has a
> penchant for secrecy," writes David E. Rosenbaum in the New York Times
> (February 4, 2002): see
> http://www.nytimes.com/2002/02/03/weekinreview/03ROSE.html
> "The Bush team has already established a record on secrecy that makes
> Richard Nixon, just to take a random example from our presidential past,
> look like a boy scout," according to Russ Baker in The Nation (February 25,
> 2002): http://www.thenation.com/doc.mhtml?i=20020225&s=baker
> 
> ******************************
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