13.0445 new on WWW: article; copyright stuff

From: Humanist Discussion Group (willard@lists.village.virginia.edu)
Date: Fri Feb 25 2000 - 20:46:20 CUT

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                   Humanist Discussion Group, Vol. 13, No. 445.
           Centre for Computing in the Humanities, King's College London

       [1] From: NINCH-ANNOUNCE <david@ninch.org> (40)
             Subject: Article: Research Framework for Libraries, Archives

       [2] From: NINCH-ANNOUNCE <david@ninch.org> (172)
             Subject: Anti-Circumvention Comments

             Date: Fri, 25 Feb 2000 20:35:02 +0000
             From: NINCH-ANNOUNCE <david@ninch.org>
             Subject: Article: Research Framework for Libraries, Archives

    News on Networking Cultural Heritage Resources
    from across the Community
    Febnruary 24, 2000

           "Scientific, Industrial, and Cultural Heritage: A Shared Approach"
                 A research framework for libraries, archives and museums
                  prepared for the European Commission by Lorcan Dempsey

    Readers will perhaps be interested in this paper written for the UK's E-Lib
    magazine Ariadne, by Lorcan Dempsey, director, of the UK Office for Library
    and Information Networking (UKOLN). It's a paper developed for the European
    Commission on the issue of how to develop a research framework in which
    libraries, archives and museums could work together as they move into a
    shared network space.

    Part of the point of the paper is nicely expressed in "the Challenge:" The
    digital medium is radically new. Although there is continuity of purpose
    and value within cultural institutions, these exist alongside a fundamental
    examination of roles and practices. The costs of developing necessary roles
    and sustainable practices will be high, as will the social and
    organizational costs of change and institution building. However the costs
    of not doing so will be higher, as the cultural and intellectual legacy to
    future generations is entrusted to a house of cards built on a million web

    David Green (with thanks to Alice Grant)

             Date: Fri, 25 Feb 2000 20:36:19 +0000
             From: NINCH-ANNOUNCE <david@ninch.org>
             Subject: Anti-Circumvention Comments

    News on Networking Cultural Heritage Resources
    from across the Community
    February 24, 2000

                          Digital Millennium Copyright Act
                     Comments Submitted to Copyright Office on
                   "Rulemaking on Exemptions from Prohibition on
                    Circumvention of Technological Measures that
                        Control Access to Copyrighted Works
         Comments available at:

    As this extract from the American Library Association's Washington Office
    Newsline states, 233 comments were submitted to the Copyright Office on
    1201(a) of the Digital Millennium Copyright Act.

    >From the Library of Congress web page:

    The Digital Millennium Copyright Act, Public Law 105-304 (1998), added a
    new Chapter 12 to title 17 United States Code, which among other things
    prohibits circumvention of access control technologies employed by
    copyright owners to protect their works. Specifically, section 1201
    provides that "No person shall circumvent a technological measure that
    effectively controls access to a work protected under this title." This
    prohibition on circumvention becomes effective on October 28, 2000. In the
    meantime, the Copyright Office will conduct a rulemaking proceeding in
    which the Register of Copyrights will recommend, and the Librarian of
    Congress will determine, whether there are particular classes of
    copyrighted works that shall be exempted from the prohibition because
    persons who are users of those classes of works "are, or are likely to be
    in the succeeding 3-year period, adversely affected by virtue of the
    prohibition in their ability to make non-infringing uses of that particular
    class of works under this title."

    Among other activities, this new rule is likely to affect the community's
    "fair use" of material under digital lock-and-key.

    The 223 comments are available (in .pdf format) at:

    Readers might be particularly interested in the comments of:

    * The American Association of Museums (Barry G.Szczesny)

    * The Association of American Universities/American Council on
    Education/National Association of State Universities (John C. Vaughn)

    * The American Library Association/American Association of Law
    Libraries/Association of Research Libraries/Medical Library
    Association/Special Libraries Association:

    * The National Association of Independent Schools

    * The National Digital Library Program and Motion Picture, Broadcasting,and
    Recorded Sound Division,(David A. Francis, Chief), Library of Congress

    * Ray Van De Walker

    * Sean

    David Green

    >Date: Thu, 24 Feb 2000 17:00:48 -0500
    >From: "ALAWASH E-MAIL" <ALAWASH@alawash.org>
    >To: ALA Washington Office Newsline <ala-wo@ala1.ala.org>

    ALAWON: American Library Association Washington Office Newsline
    Volume 9, Number 16
    February 24, 2000


    [1] Comments Submitted to Copyright Office on Technological
    Measures Rulemaking; Thanks to Libraries for Providing Valuable
    Survey Data

    On February 17, the American Library Association submitted
    comments in response to the Copyright Office Notice of Rulemaking.
    (See "Rulemaking on Exemptions from Prohibition on Circumvention
    of Technological Measures that Control Access to Copyrighted
    Works" at

    Our response -- submitted jointly with the Association of Research
    Libraries, the Special Libraries Association, the American
    Association of Law Libraries, and the Medical Library Association
    -- requests the Copyright Office to establish an exemption for
    libraries to the anti-circumvention measures contained in Section
    1201(a) of the Digital Millennium Copyright Act. Section 1201(a)
    makes accessing copyrighted works that are protected by
    technological measures (passwords, encrypted electronic files,
    etc) an illegal activity, punishable by civil and criminal
    penalties, unless the access is authorized through rules set out
    by the Librarian of Congress.

    In their comments the library organizations argued that libraries
    should be given a meaningful exemption from the technological
    measure restriction in order to continue to serve the needs of
    millions of library patrons. An exemption would ensure that
    libraries and library users can continue to exercise fair use and
    other activities permitted under copyright law.

    The libraries suggested in their comments that "access" to
    information and "use" of information are not two distinct actions
    in the digital environment as library users must "access" works in
    order to "use" them. If access is denied, library patrons will be
    unable to use electronic materials. Of great concern is that the
    enforcement of technological measures that control access to
    copyrighted works will lead to a "Pay-Per-View/Pay-Per-Use"
    information world.

    The full set of comments can be viewed in PDF format at

    The American Library Association would like to thank the 251
    libraries that responded to our recent "Technological Protection
    Measures" survey [posted on ALAWON (see
    /alawon/alwn9001.html) and distributed
    to members at the ALA Mid-Winter Conference in San Antonio.] The
    library responses bolstered our report with real-life situations
    faced by libraries and their concerns about the future. We intend
    to follow-up with individual libraries to gather more data.

    We are now preparing additional comments to respond to the 180
    comments that have been submitted to the Copyright Office by other
    organizations and individuals. Our deadline to submit reply
    comments is March 20. After this "rebuttal" phase, the Copyright
    Office plans to hold two hearings in early May before finalizing
    its recommendations to the Librarian of Congress. The Librarian
    will then recommend what exemptions, if any, will be allowed to
    the anti-circumvention rule. -- Carrie Russell, Miriam Nisbet


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