Humanist Discussion Group, Vol. 14, No. 431.
Centre for Computing in the Humanities, King's College London
<http://www.princeton.edu/~mccarty/humanist/>
<http://www.kcl.ac.uk/humanities/cch/humanist/>
[1] From: NINCH-ANNOUNCE <david@ninch.org> (110)
Subject: COPYRIGHT: DFC calls for re-calibration of DMCA in
light of 1201 rulemaking
[2] From: NINCH-ANNOUNCE <david@ninch.org> (87)
Subject: COPYRIGHT: Rep. Boucher Statement: "Pay-Per-Use
Society One Step Closer"
--[1]------------------------------------------------------------------
Date: Sat, 28 Oct 2000 08:59:45 +0100
From: NINCH-ANNOUNCE <david@ninch.org>
Subject: COPYRIGHT: DFC calls for re-calibration of DMCA in light
of 1201 rulemaking
NINCH ANNOUNCEMENT
News on Networking Cultural Heritage Resources
from across the Community
October 27, 2000
Digital Future Coalition Calls for recalibration of DMCA
in light of new rulemaking
The Digital Future Coalition released the following statement yesterday on
the recent rulemaking by the Librarian of Congress on the
anti-circumvention provision (section 1201) of the Digital Millemium
Copyright Act (DMCA).
You will note that the DFC credits the Librarian of Congress for being
aware of the "potential damage to scholarship" in this rulemaking during
the 3 years before the next rulemaking and that it "places considerable
burdens on the scholarly, academic, and library communities." He has
therefore called for a review of this time frame as well as of the
appropriate criteria for assessing the harm that could be done to American
creativity by the anti-circumvention provision.
Speaking for the DFC, Professor Peter Jaszi expressed the hope that
"Congress now recognizes that it may have gone too far in drafting the DMCA
to accommodate the interests of copyright owners without including adequate
safeguards to protect the legitimate interests of information consumers. As
it considers amendments to the DMCA next year, we trust the 107th Congress
will seek to recalibrate the DMCA to bring it more in keeping with the
grand tradition of balance that has served our nation so well for the past
two centuries."
Following this, I am forwarding a statement by Representative Rick Boucher,
circulated by DFC.
David Green
============
>Date: Fri, 27 Oct 2000 10:41:44 -0400
>From: "Ruth Rodgers" <RRodgers@hrrc.org>
>To: Digital Future Coalition Discussion List <dfclist@ala.org>
>>Contact:
>Ruth Rodgers
>202-628-9210
COPYRIGHT OWNERS GET GREEN LIGHT TO ROLL WITH TECHNOLOGICAL PROTECTION
MEASURES AT CONSUMER EXPENSE
October 26--Washington, D.C. Today, the Digital Future Coalition (DFC)
expressed its appreciation to the Librarian of Congress for seeking to
preserve the fair use rights of information consumers, while expressing its
deep disappointment that content owners effectively had been given a green
light to use technological protection measures to lock up access to
copyrighted works.
"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 Professor Peter
Jaszi of the DFC. He continued: "As the Assistant Secretary of Commerce for
Communications and Information outlined so eloquently on behalf of the
Administration in a recent letter to the Register of Copyrights, preserving
the principle of fair use in the information age would encourage a
renaissance of research, academic, and educational freedom, just as it
promoted the progress of science and the useful arts throughout the analog
era. In our view, something profound is lost when fair use is
diminished. Today, consumers find themselves one step closer to the
pay-per-use society envisioned by copyright owners."
Noting that "potential damage to scholarship may well ensue in the course
of a three-year period," before the next scheduled rulemaking, and that
"the statute places considerable burdens on the scholarly, academic, and
library communities," the Librarian of Congress himself today announced his
intent to request Congressional review of the time frame of the rulemaking,
the appropriate criteria for assessing the harm that could be done to
American creativity by the anti-circumvention provision, and called for
more clarity concerning the definition of "class of works."
The DFC recognized that the Register and her staff had labored under
difficult circumstances in attempting to implement section 1201(a)(1) of
the Digital Millennium Copyright Act (DMCA) in a manner consistent with
Congressional intent. However, the organization also noted that in enacting
the DMCA, Congress had expressed strong concern for the preservation of the
fair use doctrine and other traditional copyright doctrines that promote
public access to information. The DFC expressed regret that the Copyright
Office had failed to capture the spirit of this legislation in interpreting
it for the Librarian.
Section 1201(a)(1) was drafted to allow exemptions from the prohibition on
circumvention of technological protection measures for "persons who are
users of a copyrighted work which is in a particular class of works, if
such persons are, or are likely to be . . . adversely affected by virtue of
such prohibition in their ability to make non-infringing uses of that
particular class of works . . .." It should have been possible to exempt,
for example, copies of works that universities and libraries purchase when
their students or patrons subsequently seek to make non-infringing uses of
those works. Unfortunately, todays decision took 70 pages to essentially
say that few persons may ever circumvent a technological protection measure
even to gain access to a work solely for legitimate noncommercial purposes.
In concluding, Professor Jaszi said: "We hope Congress now recognizes that
it may have gone too far in drafting the DMCA to accommodate the interests
of copyright owners without including adequate safeguards to protect the
legitimate interests of information consumers. As it considers amendments
to the DMCA next year, we trust the 107th Congress will seek to recalibrate
the DMCA to bring it more in keeping with the grand tradition of balance
that has served our nation so well for the past two centuries."
Founded in 1995, the Digital Future Coalition consists of forty-two
national organizations representing a wide range of non-profit and
for-profit entities. Its membership represents educators, computer and
telecommunications industry businesses, librarians, archivists, authors,
and scientists. DFC is committed to striking an appropriate balance in law
and public policy between protecting intellectual property and affording
public access to it.
==============================================================
NINCH-Announce is an announcement listserv, produced by the National
Initiative for a Networked Cultural Heritage (NINCH). The subjects of
announcements are not the projects of NINCH, unless otherwise noted;
neither does NINCH necessarily endorse the subjects of announcements. We
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--[2]------------------------------------------------------------------
Date: Sat, 28 Oct 2000 09:00:19 +0100
From: NINCH-ANNOUNCE <david@ninch.org>
Subject: COPYRIGHT: Rep. Boucher Statement: "Pay-Per-Use Society
One Step Closer"
NINCH ANNOUNCEMENT
News on Networking Cultural Heritage Resources
from across the Community
October 27, 2000
"PAY-PER-USE" SOCIETY ONE STEP CLOSER
Statement of Congressman Rick Boucher on "Anti-circumvention" Rulemaking
>Date: Fri, 27 Oct 2000 10:22:15 -0400
>From: "Ruth Rodgers" <RRodgers@hrrc.org>
>To: Digital Future Coalition Discussion List <dfclist@ala.org>
>>
>Thought you all might be interested in seeing this.
News from Congressman Rick Boucher
2329 Rayburn House Office Building, Washington D.C. 20515
FOR IMMEDIATE RELEASE
October 27,
2000
CONTACT:Sharon Ringley (202) 225-3861
Statement of Congressman Rick Boucher
"PAY-PER-USE" SOCIETY ONE STEP CLOSER
I regret the decision of the Librarian of Congress, acting upon the
recommendation of the Register of Copyrights, to reject the recommendations
of the Administration, concerned Members of Congress, universities and
libraries in announcing a decision that does not protect traditional fair
use rights. This disappointing decision has moved our Nation one step
closer to a "pay-per-use" society that threatens to advance the narrow
interests of copyright owners over the broader public interest of
information consumers.
In crafting section 1201(a)(1) of the Digital Millennium Copyright Act,
Congress sought to preserve the principle of "fair use" that has served our
Nation so well for more than a century. Unfortunately, based on the advice
of the Register of Copyrights, the Librarian of Congress today announced
his decision to limit the ability of ordinary consumers in most cases to
circumvent electronic security measures for the purpose of exercising their
non-infringing fair use rights. Consequently, any person who circumvents a
technological protection measure to gain access to information to which he
has a fair use right will be guilty of a crime.
I was heartened recently when the National Telecommunications and
Information Administration in the U.S. Department of Commerce, speaking for
the Administration, so forcefully articulated the importance of preserving
fair use principles in the 21st century. NTIA made useful recommendations
to the Register of Copyrights for implementing section 1201(a)(1) in a
manner which would have protected fair use rights. For a moment,
it appeared that the rulemaking might advance the interests of information
consumers. Those hopes have now been dashed.
As NTIA recognized in its letter, one of the foremost concerns reflected in
the Congressional report upon passage of the DMCA was that changes in the
law could chill the exercise of consumers traditional "fair use" rights,
and move us all toward a "pay-per-use" society. Congress recognized that
some limits had to be placed on the anti-circumvention provisions of the
DMCA to ensure that librarians, educators, the scientific community, and
other information consumers could continue to gain legitimate access to a
variety of works likely to be protected through the use of technological
measures. Section 1201(a)(1) was, therefore, included to exempt from the
prohibition on circumvention "persons who are users of a copyrighted work
which is in a particular
class of works, if such persons are, or are likely to be . . . adversely
affected by virtue of such prohibition in their ability to make
non-infringing uses of that particular class of works ..." The Librarian
was charged by the statute with defining the classes of works likely to be
at risk.
Under this grant of authority, it should have been possible to exempt, for
example, copies of works purchased by universities and libraries when their
students or patrons subsequently seek to make non-infringing fair use of
those works. Unfortunately, the announced exceptions to the rule are so
narrow as to be practically meaningless. Fair use is not protected.
There is little doubt that the 107th Congress will consider proposed
revisions to the DMCA. Given the importance of fair use to society as a
whole, my hope is that Congress will re-calibrate the DMCA to balance more
evenly the interests of copyright owners and information consumers. With
todays failure of the Library of Congress to protect the publics fair use
rights, Congress in its next session should act to prevent the creation of
a "pay per use" society, in which what is available today on the library
shelf for free is available in the future only upon payment of a fee for
each use.
===================================================================================
==============================================================
NINCH-Announce is an announcement listserv, produced by the National
Initiative for a Networked Cultural Heritage (NINCH). The subjects of
announcements are not the projects of NINCH, unless otherwise noted;
neither does NINCH necessarily endorse the subjects of announcements. We
attempt to credit all re-distributed news and announcements and appreciate
reciprocal credit.
For questions, comments or requests to un-subscribe, contact the editor:
<mailto:david@ninch.org>
==============================================================
See and search back issues of NINCH-ANNOUNCE at
<http://www.cni.org/Hforums/ninch-announce/>.
==============================================================
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