From: Robert Hettinga <rah@shipwright.com>
Date: Sun, 21 Dec 1997 00:26:29 +0800
To: cypherpunks@cyberpass.net
Subject: copyright legislation
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Subject: copyright legislation
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From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@ALAWASH.ORG>
Subject: ALAWON v6, n117 - ACTION ALERT: COPYRIGHT LEGISLATION (1 of 3)
Reply-To: pub-adv@s1.net

=================================================================
ALAWON                                       Volume 6, Number 117
ISSN 1069-7799                                  December 18, 1997

     American Library Association Washington Office Newsline

In this issue: (200 lines)

- - -ACTION ALERT: PRESIDENTS OF MAJOR LIBRARY ASSOCIATIONS ISSUE
JOINT APPEAL FOR IMMEDIATE CONGRESSIONAL CONTACTS IN SUPPORT OF
PENDING DIGITAL COPYRIGHT LEGISLATION

- - -AN OPEN LETTER TO THE LIBRARY COMMUNITY . . .
_________________________________________________________________

NOTE: This message, and important supporting material, has
been transmitted in 3 parts. This ALAWON is part 1 of 3.

  ACTION ALERT: PRESIDENTS OF MAJOR LIBRARY ASSOCIATIONS ISSUE
JOINT APPEAL FOR IMMEDIATE CONGRESSIONAL CONTACTS IN SUPPORT OF
             PENDING DIGITAL COPYRIGHT LEGISLATION

As detailed in the unusual letter that immediately follows
this alert, ALA President Barbara Ford and her counterparts
at three of the nations other major library associations
have jointly called upon librarians to act **immediately**
in support of two pieces of landmark copyright legislation
now pending before Congress.  Specifically, the presidents
of AALL, ALA, ARL and SLA are jointly urging each of their
75,000 combined members to encourage both of their Senators
to cosponsor Sen. John Ashcroft's (R-MO) "Digital Copyright
Clarification and Technology Act" (S. 1146) and their House
Representative to cosponsor the "Digital Era Copyright
Enhancement Act," introduced by Reps. Rick Boucher (D-VA)
and Tom Campbell (R-CA) (H.R. 3048).

ALAWON readers will recall substantial activity in
Washington (and last winter in Geneva, Switzerland) directed
toward updating the nation's copyright laws for the digital
age.  The introduction of the separate Senate and House
bills cited above constitutes tremendous legislative
progress toward ALA's goal of preserving the current balance
in copyright law between protecting information and
affording access to it.  This progress is attributable in
large measure to the work of the Digital Future Coalition
(DFC), which ALA helped to found and in which it takes an
active role.  (DFC summaries of both S. 1146 and H.R. 3048
are included in the third part of this transmission.)

Both Sen. Ashcroft's bill (S. 1146) and the Boucher/Campbell
proposal (H.R. 3048) would affirmatively modify current law
to make clear that Fair Use fully applies in the networked
environment and that preservationists may use the latest
technologies and methods.  In addition, Rep. Boucher's bill
would extend the First Sale Doctrine -- the basis of all
library lending -- to the electronic environment.  All three
bill sponsors also have demonstrated their commitment to
assuring that no library or librarian should be legally
liable for any copyright infringement committed by a library
user acting independently.

The presidents make clear in their letter that they view S.
1146 and H.R. 3048, taken together, as the best approach to
updating the Copyright Act to meet the challenges of the
digital environment while, at the same time, preserving the
critical balance between copyright owners and users in the
electronic age.

ACTION ALERT:
Your help is needed in the next several weeks in assisting
Sen. Ashcroft and Reps. Boucher and Campbell to persuade
other members of the Senate and House to cosponsor S. 1146
and H.R. 3048, respectively.  All ALA members -- and library
supporters or all kinds -- are urgently requested to:

- - -- study the attached fact sheets detailing the intent and
provisions of S. 1146 and H.R. 3048;

- - -- write to your House and Senate delegations requesting
co-sponsorship of these bills (separate sample letters for
the Senate and House are included in part 2 of this
message); and

- - -- call and visit the members of your Congressional
delegation before January 25, 1998 and ask them specifically
to "cosponsor" S. 1146 or H.R. 3048, as appropriate.

Let Congress know that you care about updating copyright law
for all Americans.  Libraries' effectiveness and vitality in
the 21st century depends on them...and on you.  For
information about contacting your Senators and
Representatives and further background on this critical
legislation, please consult the ALA Washington Office
website at http://www.ala.org/washoff or the Digital Future
Coalition's home page at http://www.dfc.org.  Inquiries also
may be directed to Adam Eisgrau, legislative counsel for the
ALA Washington Office, at 800/941-8478.
________________________________________________________________

         AN OPEN LETTER TO THE LIBRARY COMMUNITY . . .

December 5, 1997

Dear Library Supporter:

As the presidents of four of the nation's major library
associations, we write to ask for your assistance in garnering
support for two pieces of federal legislation of critical
importance to the library community, indeed to libraries in every
community.  These bills are Sen. John Ashcroft's (R-MO) "Digital
Copyright Clarification and Technology Act" (S. 1146) and the
"Digital Era Copyright Enhancement Act," jointly introduced by
Representatives Rick Boucher (D-VA) and Tom Campbell (R-CA) (H.R.
3048).

In our view, these proposals present the best approach to
updating the Copyright Act to meet the challenges of the digital
environment while, at the same time, preserving the critical
balance between copyright owners and users in the electronic age.
Both bills include provisions which are essential to libraries if
we are to effectively serve our patrons, scholars, researchers,
and students in the networked environment.  We seek your
immediate help in assisting Sen. Ashcroft and Reps. Boucher and
Campbell to persuade other members of the Senate and House to
cosponsor S. 1146 and H.R. 3048, respectively.

WHY THIS EFFORT IS IMPORTANT TO ALL LIBRARIES
Each year, millions of researchers, students, and members of the
public benefit from access to library collections -- access that
is supported by fair use, preservation programs, interlibrary
loan, and more. We must ensure that the Copyright Act continues
to serve the public who rely upon these collections and services.
The Ashcroft and Boucher-Campbell bills seek to update the
Copyright Act by extending the balance that we currently enjoy so
that owners, creators, and users alike may benefit fully from the
opportunities of the digital environment.  These bills
appropriately extend the balance by clarifying or updating
selected privileges granted to libraries, researchers,
educational institutions and others under current law.

ACTION IS NEEDED NOW!
Accordingly, we are asking the members of our Associations -- and
all other library supporters -- to:

     -study the attached fact sheets and sample letter detailing
     the intent and provisions of S. 1146 and H.R. 3048;

     -write to your House and Senate delegations requesting
     co-sponsorship of these bills; and

     -call and visit the members of your Congressional delegation
     and ask them to cosponsor S. 1146 or H.R. 3048, as
     appropriate.

Senator Ashcroft, and Representatives Boucher and Campbell, would
appreciate our help in achieving passage of this potentially
landmark legislation.  The most critical first step in this
process is to engage members of Congress and seek their
endorsement of these bills.  Let Congress know now the importance
of updating the Copyright Act for your institution, your users,
and of ensuring that libraries will be able to effectively serve
the nation in the information age.

Thank you.  Our associations stand ready to assist you in any way
that we can.  Please do not hesitate to call upon us and to let
us know of your efforts.

Sincerely,

Judith A. Meadows, President
American Association of Law Libraries

Barbara J. Ford, President
American Library Association

James G. Neal, President
Association of Research Libraries

Judith J. Field, President
Special Libraries Association
_________________________________________________________________

ALAWON is a free, irregular publication of the American Library
Association Washington Office.  To subscribe, send the message:
subscribe ala-wo [your_firstname] [your_lastname] to listproc
@ala.org.  To unsubscribe, send the message: unsubscribe ala-wo
to listproc@ala.org. ALAWON archives at http://www.ala.org/
washoff/alawon. Visit our Web site at http://www.alawash.org.

ALA Washington Office                            202.628.8410 (V)
1301 Pennsylvania Ave., NW, #403                 202.628.8419 (F)
Washington, DC 20004-1701                        800.941.8478 (V)

Lynne E. Bradley, Editor                        <leb@alawash.org>
Deirdre Herman, Managing Editor  <alawash@alawash.org>

Contributors:                                        Adam Eisgrau
All materials subject to copyright by the American Library
Association may be reprinted or redistributed for noncommercial
purposes with appropriate credits.
=================================================================

To: pub-adv@s1.net
From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@ALAWASH.ORG>
Reply-To: pub-adv@s1.net

=================================================================
ALAWON                                       Volume 6, Number 118
ISSN 1069-7799                                  December 18, 1997

     American Library Association Washington Office Newsline

In this issue: (106 lines)

SAMPLE LETTERS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES AND
THE SENATE RE: REQUEST FOR COSPONSORSHIP OF CRITICAL COPYRIGHT
LEGISLATION
_________________________________________________________________

NOTE: This message, and important supporting material, has been
transmitted in 3 parts.  This ALAWON is part 2 of 3.

NOTE: To contact your Senators or Representatives, one source is
a Library of Congress compilation at
http://lcweb.loc.gov/global/legislative/email.html.

   SAMPLE LETTER FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES

Hon. (Name of Representative)
United States House of Representatives
Room #, (Cannon, Longworth, or Rayburn) House Office Building
Washington, D.C. 20515

Re:   Request for Cosponsorship of Critical Copyright Legislation

Dear Representative (Last Name):

I recently learned that bipartisan legislation has been
introduced in the House by Reps. Rick Boucher of Virginia and Tom
Campbell of California which would broadly update United States
copyright law for the future in a way that will both protect the
owners of information and continue to allow librarians and
educators access to information under reasonable circumstances.
I am writing to you today to ask that you lend your name to that
legislation, the  Digital Era Copyright Enhancement Act,  which
has been assigned number H.R. 3048.

As a [librarian/school librarian/library user/library
trustee/friend of libraries], I feel strongly that any changes
made to the Copyright Act must be balanced in a way that allows
the benefits of the Internet to reach all sectors of society,
especially library users and students.  The Boucher/Campbell bill
will accomplish this very important goal in several important
ways.  When Congress reconvenes in January, please add your name
to H.R. 3048 as a cosponsor.

Thank you for your assistance in this important debate.

Sincerely,


_________________________________________________________________

            SAMPLE LETTER FOR MEMBERS OF THE SENATE

Hon. (Full Name)
United States Senate
Room #, (Dirkson, Hart, or Russell)Senate Office Building
Washington, D.C. 20510

Re:   Request for Cosponsorship of Critical Copyright Legislation

Dear Senator (Last Name):

I recently learned that legislation has been introduced by
Senator John Ashcroft of Missouri which would broadly update
United States copyright law for cyberspace in a way that will
both protect the owners of information and continue to allow
librarians and educators access to information under reasonable
circumstances.   I am writing to you today to ask that you lend
your name to that legislation, the  Digital Copyright
Clarification and Technology Education Act,  which has been
assigned number S. 1146.

As a [librarian/school librarian/library user/library
trustee/friend of libraries], I feel strongly that any changes
made to the Copyright Act must be balanced in a way that allows
the benefits of the Internet to reach all sectors of society,
especially library users and school children.  The Ashcroft bill
will accomplish this very important goal in several important
ways.  When Congress reconvenes in January, please add your name
to S. 1146 as a cosponsor.

Thank you for your assistance in this important debate.

Sincerely,

_________________________________________________________________

ALAWON is a free, irregular publication of the American Library
Association Washington Office.  To subscribe, send the message:
subscribe ala-wo [your_firstname] [your_lastname] to listproc
@ala.org.  To unsubscribe, send the message: unsubscribe ala-wo
to listproc@ala.org. ALAWON archives at http://www.ala.org/
washoff/alawon. Visit our Web site at http://www.alawash.org.

ALA Washington Office                            202.628.8410 (V)
1301 Pennsylvania Ave., NW, #403                 202.628.8419 (F)
Washington, DC 20004-1701                        800.941.8478 (V)

Lynne E. Bradley, Editor                        <leb@alawash.org>
Deirdre Herman, Managing Editor  <alawash@alawash.org>

Contributors:                                        Adam Eisgrau
All materials subject to copyright by the American Library
Association may be reprinted or redistributed for noncommercial
purposes with appropriate credits.
=================================================================

To: pub-adv@s1.net
From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@ALAWASH.ORG>
Subject: ALAWON v6, n119 - ACTION ALERT: COPYRIGHT LEGISLATION (3 of 3)
Reply-To: pub-adv@s1.net

=================================================================
ALAWON                                       Volume 6, Number 119
ISSN 1069-7799                                  December 18, 1997

     American Library Association Washington Office Newsline

In this issue: (213 lines)

- - -THE BOUCHER-CAMPBELL BILL (H.R. 3048)
WHAT DOES IT DO? WHY DOES DFC SUPPORT IT?

- - -THE ASHCROFT BILL (S. 1146)
WHAT DOES IT DO? WHY DOES DFC SUPPORT IT?
_________________________________________________________________

NOTE: This message, and important supporting material, has
been transmitted in 3 parts. This ALAWON is part 3 of 3.

NOTE: The Digital Future Coalition (DFC) is a coalition of
library, education, public interest and industry organizations
committed to balanced copyright policy.  ALA helped to found the
coalition and takes an active role in its work.

             THE BOUCHER-CAMPBELL BILL (H.R. 3048)
           WHAT DOES IT DO? WHY DOES DFC SUPPORT IT?

Representatives Rick Boucher (D-VA) and Tom Campbell (R-CA) have
introduced the only comprehensive bill in the U.S. House of
Representatives that will maintain balance in the Copyright Act
by preserving for consumers, educators, librarians, researchers,
and other Netizens fundamental rights in the digital era. Like a
similar bill introduced by Senator John Ashcroft (S. 1146), this
comprehensive, balanced bill has the strong support of the DFC.
If you agree with us that the House of Representatives should
adopt the Boucher-Campbell bill instead of the legislation
proposed by the Clinton Administration (H.R. 2281), we encourage
you to send an e-mail to your elected Representative in the
House.

SECTION 1--TITLE. The bill is known as the "Digital Era Copyright
Enhancement Act."

FAIR USE. Section 2 would amend section 107 of the Copyright Act
to reaffirm that a finding of "fair use" may be made without
regard to the means by which a work has been performed,
displayed, or distributed. Thus, just as teachers, librarians,
and others may make "fair use" copies of portions of copyrighted
works today in the analog world, they may do so tomorrow in the
digital world.

LIBRARY PRESERVATION. Section 3 would amend section 108 of the
Copyright Act to allow libraries and archives to use new forms
of technology to make three copies of endangered materials for
archival purposes.

FIRST SALE. Section 4 would amend section 109 of the Copyright
Act to establish the digital equivalent of the "first sale"
doctrine. Under current law, a person who has legally obtained a
book or video cassette may physically transfer it to another
person without permission of the copyright owner. Section 4 would
permit electronic transmission of a lawfully acquired digital
copy of a work as long as the person making the transfer
eliminates erases or that copy of the work from his or her system
at substantially the same time as he or she makes the transfer.

DISTANCE LEARNING. Section 5 would amend sections 110(2) and
112(b) of the Copyright Act to ensure that educators can use
personal computers and new technology in a broad range of
educational settings in the same way they now use televisions to
foster distance learning. In addition, Section 5 would broaden
the range of works that may be performed, displayed, or
distributed to include the various kinds of works that might be
included in a multimedia lesson.

EPHEMERAL COPIES. Section 6 would amend section 117 of the
Copyright Act to make explicit that electronic copies of material
incidentally or temporarily made in the process of using a
computer or a computer network may not serve as the sole basis
for copyright infringement liability, such as when a work is
viewed on the World Wide Web.

UNFAIR LICENSES. Section 7 would effectively preclude copyright
owners from using non-negotiable license terms to abrogate or
narrow rights and use privileges that consumers otherwise would
enjoy under the Copyright Act, such as their fair use privilege,
by preempting state common and statutory law, such as the
proposed changes to the Uniform Commercial Code.

BLACK BOXES. Section 8 would implement the anti-circumvention and
copyright management information provisions of the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty. The
treaties do not require the broad prohibition of software and
devices that might be used by infringers as proposed in the
legislation drafted by the Clinton Administration. Consistent
with the treaties, section 8 would create liability only for a
person who, for purposes of infringement, knowingly circumvents
the operation of an effective technological measure used by a
copyright owner to limit reproduction of a work in a digital
format. The bill also would create liability for a person who
knowingly provides false copyright management information or
removes or alters copyright management information without the
authority of the copyright owner, and with the intent to mislead
or induce or facilitate infringement.
_________________________________________________________________

                  THE ASHCROFT BILL (S. 1146)
           WHAT DOES IT DO? WHY DOES DFC SUPPORT IT?

Senator John Ashcroft (Missouri) has introduced the only
comprehensive bill that will maintain balance in the Copyright
Act by preserving for consumers, educators, librarians,
researchers, and other Netizens fundamental rights in the digital
era. The bill contains three separate titles. They are summarized
below. If you agree with us that Congress should enact this law
instead of separate legislation proposed by the Clinton
Administration, we encourage you to send an e-mail to Senators on
the Judiciary Committee.

TITLE I. OSP/ISP LIABILITY

To foster the continued growth of the Internet, this portion of
the bill would--

     -clarify that merely providing network services and
     facilities for transmitting an electronic communication will
     not result in liability under the Copyright Act;

     -confirm that providing a site-linking aid, a navigational
     aid (including a search engine or browser), or the tools for
     creating a site-linking aid will not result in liability
     under the Copyright Act;

     -clarify that Internet and on-line service providers will
     not be liable for third-party copyright infringement unless
     they have received notice and have a reasonable opportunity
     to limit the third-party infringement; and

     -confirm that an employee of an educational institution,
     library, or archives will not be deemed to have received
     notice and thus will not be required to "take down" an
     allegedly infringing work if she believed the use was a fair
     use or otherwise lawful.

TITLE II. TECHNOLOGY FOR TEACHERS AND LIBRARIANS

Section 202 would amend section 107 of the Copyright Act to
reaffirm that a finding of "fair use" may be made without regard
to the means by which a work has been performed, displayed, or
distributed. Thus, just as teachers, librarians, and others may
make "fair use" copies of portions of copyrighted works today in
the analog world, they may do so tomorrow in the digital world.

Section 203 would amend section 108 of the Copyright Act to allow
libraries to use new forms of technology to make three copies of
endangered materials for archival purposes.

Section 204 would amend section 110(2) and 112(b) of the
Copyright Act to ensure that educators can use personal computers
to foster "distance learning" in a broad range of educational
settings in the same way they use televisions in traditional
classrooms today.

Section 205 would amend section 117 of the Copyright Act to make
explicit that electronic copies of material incidentally or
temporarily made in the process of using a computer or a computer
network may not serve as the sole basis for copyright
infringement liability, such as when a work is viewed on the
World Wide Web.

TITLE III. WIPO IMPLEMENTATION

Sections 1201 and 1202 would implement provisions of two
international copyright treaties adopted by the World
Intellectual Property Organization. The WIPO treaties oblige
signatory nations to offer legal protection against circumvention
of technology intended to protect copyrighted material against
infringement, but do not require the broad prohibition of
software or devices that might be used by infringers.

Section 1201 would only create liability for a person who--for
purposes of infringing a copyrighted work--knowingly circumvents
the application of an effective anti-copying measure used to
protect a work in a digital format. In contrast, the legislation
proposed by the Clinton Administration at the urging of Hollywood
and other content owners could outlaw new PCS and digital VCRs,
and frustrate the fair use rights of information consumers.

Section 1202 would create liability for a person who knowingly
provides false copyright management information or who removes or
alters copyright management information without the authority of
the copyright owner.

_________________________________________________________________

ALAWON is a free, irregular publication of the American Library
Association Washington Office.  To subscribe, send the message:
subscribe ala-wo [your_firstname] [your_lastname] to listproc
@ala.org.  To unsubscribe, send the message: unsubscribe ala-wo
to listproc@ala.org. ALAWON archives at http://www.ala.org/
washoff/alawon. Visit our Web site at http://www.alawash.org.

ALA Washington Office                            202.628.8410 (V)
1301 Pennsylvania Ave., NW, #403                 202.628.8419 (F)
Washington, DC 20004-1701                        800.941.8478 (V)

Lynne E. Bradley, Editor                        <leb@alawash.org>
Deirdre Herman, Managing Editor  <alawash@alawash.org>

Contributors:                                        Adam Eisgrau
All materials subject to copyright by the American Library
Association may be reprinted or redistributed for noncommercial
purposes with appropriate credits.
=================================================================

--- end forwarded text



-----------------
Robert Hettinga (rah@shipwright.com), Philodox
e$, 44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
The e$ Home Page: http://www.shipwright.com/
Ask me about FC98 in Anguilla!: <http://www.fc98.ai/>