From: mgolrick@brdgprtpl.lib.ct.us (Michael Golrick) To: "CONNTECH" <conntech@csuweb.ctstateu.edu> Subject: [CONNTECH] FW: INFO/COPY: US Copyright Office Issues Report on DMCA Effect son First Sale
-----Original Message-----
ALAWON: American Library Association Washington Office Newsline
Volume 10, Number 71
October 5, 2001
In this issue:
US Copyright Office issues report on the effects of DMCA on the "first
sale" doctrine.
The U.S. Copyright Office issued a report at the end of August that had
been mandated by the Digital Millennium Copyright Act of 1998. That law
directed the Copyright Office and the National Telecommunications and
Information Administration (NTIA) to make a report to Congress "no later
than 24 months after the enactment of the DMCA" (October 2000) on the
effects on the "first sale doctrine" of the DMCA and the development of
electronic commerce. The NTIA released its report in March 2001, concluding
that it was "premature to draw any conclusions or make any legislative
recommendation at this time."
The main question for the Copyright Office was whether it should recommend
legislation to expand the first sale doctrine to permit digital
transmission of lawfully made copies of copyrighted works. The office
acknowledged that the library community had raised "potentially valid
concerns," such as the ability to make interlibrary loans and to offer
off-site accessibility, that "may require further consideration at some
point in the future." However, the Copyright Office recommended no change
to the copyright law at this time.
The House Judiciary Committee announced that it will hold two hearings on
the Copyright Office report. The first of those hearings was originally
scheduled for October 4 but has now been postponed. Although no one from
the library or education communities was included among the witnesses
scheduled to testify at the hearings, we are talking with congressional
staff about how our views can be heard. We also have been meeting with
coalition partners on these issues to discuss strategies for drawing
attention to the library concerns.
On another front, Rep. Rick Boucher (R-VA) has announced on several
occasions that he intends to introduce legislation to guarantee fair use in
six areas including distance education, the first sale doctrine, incidental
copying and software backup. The Washington Office will be asking for
grassroots support to urge Representatives to co-sponsor Boucher's bill (or
bills) when introduced.
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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, Washington,
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Information Technology Policy: Rick Weingarten, Director; Jennifer Hendrix,
Carrie Russell. ALAWON Editor: Bernadette Murphy.
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