Public roundtables on copyright exceptions for libraries
A committee appointed by the Library of Congress will hold public roundtables on potential changes to the copyright exceptions for libraries and archives set forth in Section 108 of the Copyright Act. The Section 108 Study Group committee members are listed here.
The roundtables will be held in March in Los Angeles and Washington D.C. See the announcement. They will address four main topics:
(1) eligibility for the Section 108 exceptions,
(2) exceptions for copies made for preservation and replacement purposes,
(3) access to digital copies outside the premises of libraries and archives, and
(4) separate treatment for unpublished materials.
The subject of access to digital copies outside the physical premises of libraries is clearly a topic of widespread current interest. Without addressing what may be fair use under Section 107 of the Copyright Act, the committee has published an issues paper that frames the issue as follows:
"Currently section 108 requires that libraries and archives that make digital copies for preservation or replacement purposes restrict public availability of those copies to their premises. . . . Members of the library community have commented that a premises-based view of libraries and archives is anachronistic in the digital age. Libraries and archives, say these commentators, cannot adequately serve their patrons if they operate solely as 'brick and mortar' institutions."
"On the other hand, expanding non-licensed electronic access to digital works presents a very serious concern to publishers, authors and other rights holders, given the ease of copying and re-transmission of digital media, and the growing availability of and markets for licensed copies in digital form."
The issue paper suggests three possible approaches to providing electronic access to library materials, including (i) user community restrictions, (ii) simultaneous user restrictions; and (iii) use of access and copy controls, as well as user agreements.
The Study Group has also posted a useful list of background papers relating to libraries and digital copyright.
