ALAWON: American Library Association Washington Office Newsline Volume 7, Number 144 November 19, 1998 In this issue: COPYRIGHT OFFICE ISSUES INTERIM REGULATIONS REGARDING ONLINE SERVICE PROVIDER ELIGIBILITY TO LIMIT LIABILITY FOR COPYRIGHT INFRINGEMENT; ALL LIBRARIES SHOULD EXAMINE THESE REGULATIONS The Digital Millennium Copyright Act includes a provision known as the Online Copyright Infringement Liability Limitation Act. This is a limitation on the potential money damages that online service providers (OSPs), including libraries and educational institutions, could face when they allow users access to copyrighted material placed online by someone else. To implement this provision, which is effective immediately, the Copyright Office of the Library of Congress issued interim regulations on November 3 governing the designation by OSPs of agents to receive notifications of claimed infringement from copyright holders. (See the Federal Register, v63, n212, November 3, 1998, pp. 59233-35.) For purposes of this provision of the law, a "service provider" is defined as "a provider of online services or network access, or the operator of facilities therefor, including an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received." Libraries or educational institutions that provide online services or network access or operate facilities which offer online transmission, routing, or connection probably fall under the very broad definition of an OSP for this purpose. If such libraries or educational institutions wish to take advantage of the new liability exemptions, it is important to examine these regulations and comply with the requirements. All library cooperatives, consortia, state and regional library networks and similar entities also should take note of this issue. These interim regulations establish a process for such OSPs to designate an agent to receive notifications of claimed infringement. Information identifying this agent and how to contact them is to be provided to the Copyright Office (with a $20 fee) and through the OSP's publicly accessible Web site. If its agent is notified of claimed infringement, the new law requires OSPs to take certain steps to preserve its insulation from, or to limit, its possible copyright infringement liability (see the Lutzker document referenced below). These interim regulations deal only with the designation of agents. The interim regulations will be replaced by more complete regulations to be promulgated following notice and opportunity for comment (expected in several weeks). The Copyright Office Web site includes the interim regulations at http://lcweb.loc.gov/copyright/fedreg/da59233.pdf, and an overview at http://lcweb.loc.gov/copyright/onlinesp/ with links to suggested formats (in PDF format) for filing an interim designation of agent or an amended designation. To help the library community, a summary and detailed review of the OSP liability limitation provisions of the new law is available on the ALA Washington Office Web site at http://www.ala.org/washoff/copyright.html. This review was prepared by Arnold Lutzker of Lutzker & Lutzker LLP, an attorney and specialist in intellectual property and new technology who is a consultant to ALA and other library groups. Educational institutions may also find helpful the recent EDUCAUSE statement on these interim regulations at http://www.educause.edu/netatedu/contents/reports/agentletter98110 r.html. ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. To subscribe to ALAWON, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org or go to http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send the message: unsubscribe ala-wo to listproc@ala.org or go to http://www.ala.org/washoff/alawon. ALAWON archives at http://www.ala.org/washoff/alawon. 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. Editor: Lynne E. Bradley; Managing Editor: Deirdre Herman; Contributors: Mary Costabile, Adam Eisgrau, Anne Heanue, Carol Henderson, Peter Kaplan, Claudette Tennant and Rick Weingarten.