ALAWON: American Library Association Washington Office Newsline
Volume 13, Number 95
November 18, 2004

In This Issue: Contact Senators NOW Re: Intellectual Property Protection Act

Please contact your Senators now.  Tell them that you oppose H.R. 2391, the omnibus "Intellectual Property Protection Act," and ask them to not allow this controversial bill to come to the Senate floor for a vote.  To send a letter to your Senator, visit: 
http://capwiz/com/ala/home/.

Background:
This omnibus intellectual property bill, under consideration at the end of the 108th Congress, encompasses a number of bills previously introduced in this session (see below).  Some parts of the bill, but not all, have been acted upon by the House of Representatives.  Libraries have urged Congress to defer action on this highly controversial piece of legislation, much of which has been the subject of no hearings in either the House or the Senate.

H.R. 2391 contains some provisions supported by the library community.  Specifically, we support Title IV, the National Film Preservation Act, and Title V, the Preservation of Orphan Works Act.  However, we strongly oppose Titles II and III of the bill because they would significantly increase the role of the federal government in protecting the entertainment industry.  These Titles would:

Subsidize the entertainment industry by diverting Department of Justice funds and human resources in the midst of the war on terrorism to protect the entertainment industry's interests.  The Copyright Act already provides a private right of action that the industry has used vigorously against infringers.  Moreover, the industry controls numerous media and product distribution outlets and thus can engage in its own public education at low cost.  The cost of education and enforcement should be borne by the companies that derive significant profits from the distribution of copyrighted products, not the general public.  

Expand the scope of what constitutes criminal copyright infringement by replacing the current clear standard -- knowing that one's acts constituted copyright infringement -- with an uncertain and ambiguous standard -- recklessly disregarding the possibility that one's act might lead to further infringement by the independent acts of other people.

Subject such newly minted felons to increased criminal sentences by requiring the U.S. Sentencing Commission to modify its guidelines yet again.  

The library community is committed to preserving the balance in copyright law.  Unfortunately, H.R. 2391 tips the scales by directing the Department of Justice to spend valuable resources on public education and law enforcement campaigns.  We believe that further deliberation is necessary for members of both chambers to determine whether increased federal assistance for the entertainment industry is an appropriate priority in the midst of a war on terrorism and a significant budget deficit.  


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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478 toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web site: http://www.ala.org/washoff.  Executive Director: Emily Sheketoff. Office of Government Relations: Lynne Bradley, Director; Carol Ashworth, Don Essex, Joshua Farrelman, Erin Haggerty, Patrice McDermott and Miriam Nisbet. Office for Information Technology Policy: Rick Weingarten, Director; Carrie Lowe, Kathy Mitchell, Carrie Russell. ALAWON Editor: Bernadette Murphy.