****Begin File******************Begin File*******************Begin File**** *************************************************************************** ISSN 1069-7799 ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 2, Number 46 October 21, 1993 In this issue: (290 lines) ANOTHER DUBIOUS PROPOSAL TO RESTRUCTURE THE DEPOSITORY LIBRARY PROGRAM TEXT OF H.RES. 266 SUPERINTENDENT OF DOCUMENTS TO HOLD MEETING ON GPO ACCESS IMPLEMENTATION SENATE HOLDS HEARING ON COPYRIGHT REFORM ACT JEFFORDS AMENDMENT TO LABOR-HHS-ED APPROPRIATIONS ARTS AND HUMANITIES AUTHORIZATION PASSES HOUSE GOALS 2000 PASSES HOUSE *************************************************************************** ANOTHER DUBIOUS PROPOSAL TO RESTRUCTURE THE DEPOSITORY LIBRARY PROGRAM A House resolution has been introduced that would completely change the way the public gains access to government information, dismantle the Government Printing Office, restructure the Depository Library Program, and abolish the two joint committees that oversee key library functions. H. Res. 266, introduced on September 30 by a group of 13 Members of Congress, would transfer the functions now carried out by the Superintendent of Documents to the Librarian of Congress, "who shall be responsible for the dissemination of all Government information," with the online networks of the Library of Congress to be used for government information not requiring a printed format. It also would transfer executive branch printing from the Government Printing Office to the General Services Administration, and abolish the Joint Committee on Printing and the Joint Committee on the Library, establishing a Joint Committee on Information instead. Rep. Scott Klug (R-WI) is the principal sponsor of the resolution. His staff said that he introduced the resolution for discussion purposes, and that its purpose is similar to the reforms proposed by Vice President Gore's National Performance Review. Rep. Klug's goals are privatization and "saving the taxpayers' money." ACTION NEEDED: Constituents of the sponsors of H. Res. 266 [Reps. Klug (R- WI), Penny (D-MN), Roberts (R-KS), Boehner (R-OH), Camp (R-MI), Cox (R-CA), Doolittle (R-CA), Moorhead (R-CA), Portman (R-OH), Ramstad (R-MN), Santorum (R-PA), Upton (R-MI), and Walker (R-PA)] should ask them how they think these changes would improve public access to government information and the dissemination of government information to the taxpayers through depository libraries. *************************************************************************** TEXT OF H.RES. 266 103D CONGRESS 1ST Session H. RES. 266 Requiring the appropriate committees of the House to report legislation to transfer certain functions of the Government Printing Office, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 30, 1993 mr. Klug (for himself, Mr. Penny, Mr. Roberts, Mr. Boehner, Mr. Camp, Mr. Cox, Mr. Doolittle, Mr. Moorhead, Mr. Portman, Mr. Ramstad, Mr. Santorum, Mr. Upton, and Mr. Walker) submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Requiring the appropriate committees of the House to report legislation to transfer certain functions of the Government Printing Office, and for other purposes. Resolved, SECTION 1. REQUIREMENT FOR THE REPORTING OF LEGISLATION. (a) IN GENERAL.--Not later than October 1, 1994, the appropriate committees of the House of Representatives shall report to the House legislation to accomplish the purposes specified in subsection (b). (b) PURPOSES SPECIFIED.--The purposes referred to in subsection (a) are- (1) transfer of executive branch printing from the Government Printing Office to the General Services Administration; (2) transfer of the functions now carried out by the Superintendent of Documents to the Librarian of Congress, who shall be responsible for the dissemination of all Government information, with the on-line networks of the Library of Congress to be used for Government information not requiring a printed format; (3) abolition of the Joint Committee on Printing and the Joint Committee on the Library and establishment of a Joint Committee on Information; (4) reduction of the in-house printing capacity of the Government Printing Office to the minimum level necessary; (5) procurement of other congressional printing whenever possible from the private sector through a competitive bid process, with the procurement to be administered by the Public Printer; (6) reduction in the work force at the Government Printing Office to 500 positions, with the reduction to be accomplished gradually, but not later than the end of the second fiscal year after the fiscal year in which this resolution is agreed to; (7) submission to the Congress by the Public Printer of an annual report on the standards applicable to, and the efficiency of, the Government Printing Office; and (8) submission to the Congress of triennial General Accounting Office audits of the functions of the Government Printing Office. *************************************************************************** SUPERINTENDENT OF DOCUMENTS TO HOLD MEETING ON GPO ACCESS IMPLEMENTATION On Friday, October 22, 1993, the Superintendent of Documents will hold a public meeting for information companies interested in the implementation of the Government Printing Office Electronic Information Access Enhancement Act of 1993. The meeting will be held from 10:00 until noon in the Carl Hayden Room at the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401. Anyone interested in attending should contact the GPO Office of Congressional, Legislative and Public Affairs in advance. The phone number is 202-512-1991; fax is 202-512-1293. *************************************************************************** SENATE HOLDS HEARING ON COPYRIGHT REFORM ACT On October 19, the Senate Judiciary Subcommittee on Patents, Copyrights and Trademarks held a hearing on S. 373, the Copyright Reform Act of 1993. One major provision of the bill would replace the Copyright Royalty Tribunal with copyright arbitration royalty panels appointed as needed, and is being addressed through separate legislation. Other provisions would change the Register of Copyrights from a Librarian of Congress appointment to a Presidential appointment, and repeal sections 411(a) and 412 of the Copyright Act. Most of the testimony at the hearing dealt with the repeal of 411(a) and 412. Section 411(a) requires copyright registration as a prerequisite to an infringement suit (except for Berne Convention works originating outside the United States). Section 412 generally requires registration as a prerequisite to certain remedies (such as award of statutory damages or attorney's fees) for infringement. Testifying were James Billington, Librarian of Congress; Scott Turow, Authors Guild; Maria Pallante, National Writers Union; Erica Jong; Robert Oakley, on behalf of several library associations; Sandy Thatcher, Association of American University Presses and the Association of American Publishers; Irwin Karp, Committee for Library Property Studies, National Writers Union, and other groups; Enid Greene Waldholtz, Software Publishers Association; Richard Weisgrau, American Society of Media Photographers; and Paul Basista, Graphic Artists Guild. In his opening statement, Sen. DeConcini (D-AZ) stated that the copyright registration requirement is not compatible with the Berne Convention, and that when the United States joined Berne in 1989, Congress created a two- tier system for American and foreign authors. He noted that opponents of the bill said that S. 373 would compromise the collections of the Library of Congress. Billington indicated that if, and only if, Congress adopted a package of statutory safeguards recommended by LC, he was not opposed to the repeal of sections 411(a) and 412. To discard these sections without a good replacement, Billington said, would be unwise and irresponsible. "Nothing less than the future of the Library rests on the implementation of all these recommendations. The possibility of losing materials will cause irreparable harm to the collections because the Library has no money for back purchases. It is the current acquisitions that are often most important for the Congress and the nation. If material is not received on a timely basis it often can never be replaced. In addition, the integrity of the copyright database will suffer with severe consequences to its users." The Library's recommendations include strengthening the mandatory deposit system, simplifying the copyright registration process, and reviewing the effects of the changes after three years. Appended to the Librarian's lengthy testimony were the September 15 report of co-chairs Barbara Ringer and Robert Wedgeworth of the first phase of the LC Advisory Committee on Copyright Registration and Deposit (ACCORD), plus an October 1 letter from the Librarian with comments and recommendations based on a review of the report. In the first panel of witnesses, Jong and Pallante supported S. 373, and Turow opposed the legislation. Pallante argued that thousands of authors were unaware of the registration requirements, and others cannot afford to register their work. Turow, however, said that S. 373 was opposed by the majority of the Authors Guild, and that the legislation would increase litigation. In the second panel, Robert Oakley represented the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Special Libraries Association, and the National Humanities Alliance. Oakley said that the legislation puts the unrivaled collections of the Library of Congress at risk by removing significant incentives for voluntary registration and deposit. Because LC could not afford to identify and demand every publication, sharp declines in registrations and deposits were likely if the sections were repealed. Further, the proposed repeal would have a chilling effect on scholars and other writers who use existing works, especially unpublished works, because if registrations declined, the database of copyrighted works would become unreliable. Oakley, a member of ACCORD, noted that the panel was divided on the question of repealing sections 411(a) and 412. He indicated many on the committee thought that the ACCORD recommendations were useful in and of themselves, but weaker than the inducements to registration and deposit in the current system. His testimony concluded by urging Congress not to adopt the proposal contained in the bill until further studies were conducted and there is evidence concerning the probable impact of such an action. Karp argued that no other library "coerces" deposit and that other countries might retaliate if Sec. 412 were not repealed. Thatcher opposed repeal of Sec. 412, saying it would "upset the careful and critical balance struck by Sec. 412 among the interests of authors and publishers of pre- existing works and those who would transform, build upon and make reasonable use of those works." Additionally, the collections of the Library of Congress and the records of the Copyright Office would be put at risk. All of the witnesses in the final panel supported the bill. Waldholtz said that software publishers often marketed their products before they were registered, and that the current deposit requirements for software--75 pages of source code--did not help build LC's collections. Basista said that most graphic artists did not register their work, and most of their products were exempt from LC's deposit requirements. Weisgrau called section 412 "a license to infringers to steal," and said that this bill might be the last good hope for photographers to have copyright enforced. *************************************************************************** JEFFORDS AMENDMENT TO LABOR-HHS-ED APPROPRIATIONS During debate on the FY94 Labor, Health and Human Services and Education Appropriations bill, HR 2518, Senator Jeffords (R-VT) offered the following amendment to increase Federal spending on education: "Purpose: To express the sense of the Congress that the total share of Federal spending on education should increase by at least one percent per year until such share reaches 10 percent of the total Federal budget." This amendment was co-sponsored by Senators Dodd (D-CT), Simon (D-IL) and Levin (D-MI), and passed the Senate. Jeffords explained that he did not intend a recorded vote but that "we are putting everyone on notice that it will be our intention that at the appropriate time next year when we deal with budgets and the appropriations, and other matters relevant to this, and I intend to do everything I can to make sure that the sense-of-the- Senate resolution we have today becomes not a sense-of-the-Senate resolution but rather a part of the law, and I will do all I can for that purpose." During the debate on this amendment, both Jeffords and Dodd gave reasons for supporting the amendment and areas of education that needed attention. (_Congressional Record_, September 27, S12542-52). Although this "sense of the Senate" amendment did not appear in the conference report on the appropriations bill, Senators Jeffords, Dodd and Simon confirmed at a meeting of education associations sponsored by the Committee for Education Funding on October 13 that they were indeed serious and intended to work hard to make the sense of the Senate a reality. All sponsoring Senators should be thanked and encouraged in their efforts. *************************************************************************** *************************************************************************** ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Internet: alawash@alawash.org; Phone: 202-547-4440; Fax: 202-547-7363. Editor and List Owner: Fred King (fdk@alawash.org). All or part of ALAWON may be redistributed, with appropriate credits. 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