Web Seminars Contributed by EDUCAUSE, Copyright, and Presentations/Speeches

Copyright continues to be a core interest of the higher education and academic library communities. This briefing will focus on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group will be highlighted, including its primary findings and recommendations. In addition, two important recent studies will be described and their importance for libraries will be cited. The advocacy and educational roles and responsibilities of librarians on copyright also will be outlined.

The copyright legislative process in Washington traditionally focuses on increasing the protection provided to copyrights, based on the assumption that this will strengthen the economy. Recent research, however, indicates that exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of fair use, are vital to many industries and stimulate growth across the economy. In fact, business enterprises that benefit from fair use generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. gross domestic product. This economic research suggests that future copyright legislation needs to account for these important limitations if the policy-making process is to stimulate growth.

The Copyright Royalty Board of the Library of Congress has recently issued a determination setting royalty rates for the performance of sound recordings via Webcasting. The rates have increased substantially, causing many Webcasters to worry about their future. This session will address the history of the proceeding, review the key terms of the decision, and discuss options available to Webcasters to help them navigate an uncertain future.

Following a lengthy investigation and enthusiastic public response, legislation is currently pending in Congress to provide limitations on remedies in copyright infringement cases where permission could not be acquired from the copyright owner prior to use because the copyright owner could not be found. The problem of "orphan works" is extensive and exacerbated by the current duration of the copyright term and new technologies that raise user needs and expectations for online access to information. The orphan works problem affects many communities of users and impedes library efforts to digitize and provide online access to their collections. Beginning with a brief summary of a detailed analysis of the public comments received and transcripts of the roundtables convened by the U.S. Copyright Office, this presentation will focus on key issues of contention in the debate. It will trace the trade-offs between private interest and public good made in the Copyright Office's proposed legislation and the subsequent changes and accretions to the proposal made prior to its introduction in the House of Representatives as the Orphan Works Act of 2006.