****Begin File******************Begin File*******************Begin File**** *************************************************************************** ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 2, Number 11 April 6, 1993 In this issue: (249 lines) FROM THE EDITOR LIBRARY WITNESSES AT INFRASTRUCTURE HEARINGS ELECTRONIC LIBRARY BILL INTRODUCED COPYRIGHT REFORM ACT OF 1993 *************************************************************************** FROM THE EDITOR The ALA Washington Office is in the process of setting up new accounts for staff members. This issue is being sent from one of the new addresses, alawash@alawash.org. When we have the last of the bugs worked out, we will announce all the new e-mail addresses. In the meantime, please continue to send messages to nu_alawash@cua.edu. *************************************************************************** LIBRARY WITNESSES AT INFRASTRUCTURE HEARINGS The New York Public Library was represented at the latest in the series of hearings held by the House Telecommunications and Finance Subcommittee on the national communications and information infrastructure. The hearing on March 31 focused partly on how a communications infrastructure can benefit the education community. John Masten, Chief Operating Officer of the New York Public Library, described the NYPL network of 86 libraries--4 world-renowned research centers and 82 branch circulating libraries serving 8 million visitors a year. Discussing the concept of the library without walls, Masten said: It is critical to the preservation of democratic access to information and learning that access to the infrastructure is not determined solely by the economic resources of the user. It is not enough to build an information superhighway, we must also ensure that there are unrestricted entrance ramps....public libraries should be supported in providing, points of access to national and international networks. We have always believed that our users should be able to come to us freely to find the information they need. Now, however, users interested in our collections may be communicating to us from thousands of miles away. And our users inside our buildings need equal freedom to reach for the information resources they need anywhere in the country. His testimony indicated how NYPL's new Science, Industry and Business Library (SIBL), to open in 1995, will exploit computing and communications technologies. He recommended federal support to help libraries provide public access to electronic databases and national networks, and was encouraged by President Clinton's recent proposals. He also recommended attention to creating and improving navigational tools and other user interfaces which facilitate resource identification and access, and the establishment of training programs. Other education community witnesses on March 31 included Frank Withrow of the Council of Chief State School Officers, James Strom of Appalachian State University, and Peter Bulkeley of Boston University. A February 23 hearing in the series dealt with health care applications. Donald Lindberg, Director of the National Library of Medicine, discussed the potential impact of a high-performance national information infrastructure. Much of the understanding of complicated processes of health and disease lies not in words but in images which require systems capable of quickly transmitting billions of bits per second, according to Lindberg. *************************************************************************** ELECTRONIC LIBRARY BILL INTRODUCED Legislation to establish a system of state-based electronic libraries was introduced on March 22 by Senator J. Robert Kerrey (D-NE), and cosponsors J. James Exon (D-NE), Daniel Moynihan (D-NY), Bill Bradley (D-NJ), Mark Hatfield (R-OR), Thomas Daschle (D-SD), Jeff Bingaman (D-NM), and Joseph Lieberman (D-CT). S. 626 has been referred to the Commerce, Science, and Transportation Committee, and it is possible its provisions may be considered when the committee takes up S. 4, an omnibus competitiveness and technology bill which currently includes the NREN applications provisions as introduced by then-Senator Gore last year. The state-based electronic libraries authorized by S. 626 would (1) provide delivery of or access to a vast array of interactive, multimedia educational programs, research and informational data and services (including government information), and networking opportunities; (2) seek to make these materials available to all Americans through public libraries, electronic databases and telecommunications systems such as the Internet or other publicly available networks, which reach into the home, school, and community; and (3) provide computer program support services for search and retrieval, and make provision for education and training programs. The bill would authorize to the National Science Foundation $10 million for FY94, $25 million for FY95, and such sums in future fiscal years. NSF would consult with the Department of Education, the Department of Commerce, the Defense Advanced Research Projects Agency, and the Library of Congress in making multiyear grants to states. To qualify for a grant, a state must (1) establish a broadly representative statewide committee (including library representation) appointed by the governor; (2) develop a statewide plan for a network accessible electronic library with certain specifications; (3) commit to participate with NSF- designated coordination mechanisms as necessary to ensure efficient interoperability with other state systems; and (4) provide matching funds of 30 percent of the total grant cost. *************************************************************************** COPYRIGHT REFORM ACT OF 1993 ALA and seven other library and scholarly organizations submitted a statement for the hearing record on HR 897, the Copyright Reform Act of 1993. Title I of the bill would remove two of the three incentives for registration of claims and deposit of copyrighted works, would remove the Register of Copyrights from appointment by the Librarian of Congress to appointment by the President, and remove from the Librarian of Congress any authority over Copyright Office regulations and staff. The ALA statement noted that the bill has the potential to disrupt two long-standing and productive partnerships. The first is the partnership Congress created between the missions of the Copyright Office and the Library of Congress. The second is the partnership of the public and private sectors in cooperating to protect intellectual property and make it available for the exchange of ideas and the stimulation of new creative and intellectual output. HR 897 proposes a major reorganization of government operations relating to copyright policy, the acquisitions policy of LC as the national library, and judicial administration. ALA recommended that no action be taken on the bill without a thorough investigation of its impact and its cost in these three areas. Other organizations joining in the statement were the American Association of Law Libraries, the Association of Research Libraries, the Chief Officers of State Library Agencies, the Medical Library Association, the National Coordinating Committee for the Promotion of History, the National Humanities Alliance, and the Special Libraries Association. HR 897 would have a significant negative impact on LC's ability to continue its comprehensive collections policy. The single most important factor which enabled LC to become a true national library was the congressional designation of the Library as a repository for U.S. copyright deposits. Copyright deposits have helped to develop the Library's collections since 1856; the result is a national library with universal collecting responsibilities unrivalled by any other library in the world. Congress, authors and other creators, publishers and producers, and other libraries and their users all benefit from this arrangement. While a mandatory deposit provision would remain in effect for published works, enforcement of mandatory deposit would be expensive, less timely, and much less than comprehensive; and no provision exists for mandatory deposit of unpublished works, even if they could be identified. In the current voluntary system, participants comply because it is in their best interest. Further, creating a public record of copyright claims and providing front end screening of such claims is highly cost effective compared with the bill's potential for causing an increase in complex copyright litigation. Hearings were held on March 3-4 by the House Subcommittee on Intellectual Property and Judicial Administration. Both Librarian of Congress James Billington and Register of Copyrights Ralph Oman testified. The Register indicated that the value of the materials transferred to the Library from the copyright system last year exceeded $12 million. Combined with $14.5 million in registration fees, the total equals the approximate cost of operation of the Copyright Office. The Information Industry Association, the Newsletter Publishers Association, and the Software Publishers Association testified in support of the bill's provisions to remove the requirement of registration as a prerequisite to filing suit to enforce copyright, and to eligibility for the award of statutory damages and attorneys' fees in such suits. The House bill has a Senate companion, S. 373. Both bills were introduced February 16; the sponsors are the chairs of the House and Senate copyright subcommittees. See the February 16 _Congressional Record_, pp. S1618-22 and E337-8, for the text and introductory statements. ACTION NEEDED In some quarters, the title I amendments of HR 897 and S. 373 are perceived as minor and of little impact. It would be helpful if constituents of House chair William Hughes (D-NJ) and Senate chair Dennis DeConcini (D-AZ) would contact them. The message to them and other subcommittee members is to recommend a full investigation of the impact of the major changes the bill proposes on copyright policy, the Library of Congress as the national library, and judicial administration, before the subcommittees take any action on the Copyright Reform Act of 1993. A full list of the two subcommittees follows: House Judiciary Committee Subcommittee on Intellectual Property and Judicial Administration DEMOCRATS REPUBLICANS William J. Hughes, NJ, Chairman Carlos J. Moorhead, CA Don Edwards, CA Howard Coble, NC John Conyers, Jr. MI Hamilton Fish, Jr., NY Romano L. Mazzoli, KY F. James Sensenbrenner, Jr., WI Mike Synar, OK Bill McCollum, FL Barney Frank, MA Steven Schiff, NM Howard L. Berman, CA Jack Reed, RI Xavier Becerra, CA Senate Judiciary Committee Subcommittee on Patents, Copyrights and Trademarks DEMOCRATS REPUBLICANS Dennis DeConcini, AZ Orrin G. Hatch, UT Edward M. Kennedy, MA Alan K. Simpson, WY Patrick J. Leahy, VT Charles E. Grassley, IA Howell Heflin, AL Hank Brown, CO Dianne Feinstein, CA The address for all Representatives is: The Honorable (member's name) U.S. House of Representatives Washington, DC 20515 The address for all Senators is: The Honorable (member's name) U.S. Senate Washington, DC 20510 It is not necessary to include the member's room number. *************************************************************************** *************************************************************************** ALAWON is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Editor and List Owner: Fred King. 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