Tag Archives: visual arts

New Advocacy and Policy Update: August 14, 2015

A new ARL Advocacy and Policy Update, covering mid-June to mid-August is now available here.  Prior updates can be accessed here.

The summary and contents from the current Advocacy and Policy Update are reproduced below:

Summary

The US House of Representatives began the summer recess on July 30th, and the US Senate adjourned on August 6th with both reconvening on September 8th. September and October promise to be very busy months as both chambers must act on the FY 2017 appropriations bills, highway trust fund, debt ceiling, and many other issues. It is also hoped that there will be a deal to increase the spending limits under sequestration, which higher education institutions and others have long advocated for.

Much of the activity related to copyright has centered around the Copyright Office. Congressional offices continue to explore and discuss ways to modernize the Copyright Office, including various proposals to move the Copyright Office out of the Library of Congress. Additionally, the Copyright Office has issued notices of inquiries that relate to orphan works, mass digitization, visual works, and extended collective licensing.

There have been positive developments with respect to open access, open educational resources, and open data. The Obama Administration released science and technology priorities for FY 2017, which note that “preserving and improving access to scientific collections, research data, other results of federally funded research, open datasets and open education resources should be a priority for agencies.” The FASTR Bill to enhance public access to research was approved unanimously by the US Senate Committee on Homeland Security and Governmental Affairs.

Privacy and surveillance concerns continue as Congress is considering cybersecurity legislation that raises serious issues for privacy and civil liberties. Litigation around net neutrality is in full swing, with the briefs of telecommunications companies opposing the FCC’s net neutrality rules filed in July.

Finally, ARL continues to promote a simple and quick ratification of the Marrakesh Treaty. Currently, 10 countries have ratified the Treaty, and 10 more are needed for it to enter into force.

Contents

Copyright and Intellectual Property

  • Proposal to “Modernize” the Copyright Office
  • Copyright Office Notice of Inquiry on Visual Works
  • Copyright Office Notice of Inquiry on Mass Digitization and Extended Collective Licensing
  • House Judiciary Committee’s Copyright Review

Open Access, Open Educational Resources, and Open Data

  • Obama Administration Releases Science and Technological Priorities for FY 2017
  • Coalition Calls on White House to Open Up Access to Federally Funded Educational Resources
  • FASTR Bill to Enhance Public Access to Research Approved by US Senate Committee
  • National Technical Information Service (NTIS)

Update Appropriations

Draft Bill Would Eliminate NHPRC

Privacy and Surveillance

  • Cybersecurity Legislation
  • Electronic Communications Privacy Act Reform

Telecommunications

  • Net Neutrality Litigation

International Treaties

  • Trans-Pacific Partnership Agreement
  • Marrakesh Treaty

Library Copyright Alliance Responds to Copyright Office Inquiry on Visual Works

The Library Copyright Alliance filed a response to the U.S. Copyright Office’s Notice of Inquiry on Copyright Protection for Certain Visual Works, focusing largely on the importance of fair use and the detrimental effects of the current lengthy copyright term in the United States.

The response opens by pointing out,

In the past, the difficulty of identifying or locating the owners of the copyrights in visual works was a significant challenge for libraries.  Visual works are particularly susceptible to “orphaning” and often there is ambiguity in their copyright ownership.  This orphan work problem had a chilling effect on libraries interested in important preservation and archival uses of visual works.  It also impeded the use of collections of visual works for teaching and classroom use.  Indeed, the orphan work challenge prompted LCA to strongly support enactment of the Shawn Bentley Orphan Works Act in 2008.  However, significant changes int he copyright landscape since then convince us that libraries no longer need legislative reform in order to make appropriate uses of “orphaned” visual works in their collections.

The response then discusses the changed landscape, explaining that fair use is less uncertain today with a number of cases that have clarified the scope of this important doctrine.  Additionally, codes of best practices have guided the use of digitization and making available of special collections and archives, including for orphan works.The fact that injunctions are less likely and mass digitization is more common also promote greater comfort in using orphan works.

The statement then notes that the orphan works problem is largely a result of the current copyright term in the United States that “is already unacceptably long, limiting access to visual works that should be in the public domain.”  While not discussed in this response, it is worth noting that what is being called the last round of negotiations for the Trans-Pacific Partnership Agreement (TPP), a large regional trade agreement in the Asia-Pacific region that currently has twelve negotiating parties, copyright term will be an issue for discussion.  Leaked text has revealed efforts by the United States to push for all parties to the TPP to adopt the lengthy term of life of the author plus 70 years, despite opposition to the imposition of copyright term extension.

The Copyright Office has extended its comment deadline to October 1, so there is still time to submit a response to the notice of inquiry.