ALAWON: American Library Association Washington Office Newsline Volume 7, Number 158 December 29, 1998 In this issue: [1] U.S. Copyright Office Issues Interim Regulations on Library and Archive Exception to the 20-Year Copyright Term Extension [2] U.S. Copyright Office Requests Comments on Distance Education; Announces Hearings and Demonstrations [3] Correction: Connecticut Was Also a Recipient of IMLS Library Services and Technology Act Grants to States - FY1999 [1] U.S. Copyright Office Issues Interim Regulations on Library and Archive Exception to the 20-Year Copyright Term Extension ALAWON readers will recall that on October 7 the House and Senate passed a 20-year extension of the current life-plus-50-year copyright term, and on October 27 the President signed the Sonny Bono Copyright Term Extension Act (PL 105-298) into law. The first works to be affected by term extension are those whose terms of protection would have expired on December 31, 1998. Through intense negotiations by library associations, the measure retains a limited exception for libraries, archives and non-profit educational institutions. On December 21 the U.S. Copyright Office adopted interim regulations (effective January 1, 1999) to deal with the library and archive exception to the 20-year extension of the term of copyright. The exception provides for use of a work if: (a) it is not subject to "normal commercial exploitation," AND (b) it cannot be obtained at a "reasonable price," UNLESS the owner has filed a notice with the Copyright Office to the effect that the work is subject to "normal commercial exploitation" and can be had at a "reasonable price." The U.S. Copyright Office Web site, http://lcweb.loc.gov/copyright/cpypub/nla.html, provides a summary plus links to (1) the interim regulations, (2) the required format for copyright owners desiring to file notices of "normal commercial exploitation", and (3) the required format in which owners must list additional works claimed to be outside the scope of the exception. Comments are sought by February 15 on seven questions posed by the Copyright Office. The questions begin on page 6 of the document, "Notice to Libraries and Archives of Normal Commercial Exploitation or Availability at Reasonable Price" at http://lcweb.loc.gov/copyright/fedreg/nlareg.pdf. Final regulations will be issued after a review of the comments. ALA will, together with other library associations, be filing comments on these interim regulations. ALA members with input that would be useful for library association comments are encouraged to contact Adam Eisgrau, ALA Washington Office Legislative Counsel, at ame@alawash.org or at 1-800-941-8478 before February 1. Please send copies of any comments filed with the Copyright Office to the ALA Washington Office (fax 202-628- 8419). [2] U.S. Copyright Office Requests Comments on Distance Education; Announces Hearings and Demonstrations As reported in ALAWON (v7, n155; December 17, 1998), to assist in preparing recommendations for Congress on the promotion of distance education through digital technologies, the U.S. Copyright Office will hold three public hearings and is requesting comments. The notice appeared in the December 23 Federal Register (v63, n246, pp. 711167-69), and is also available (with other information related to the distance education study) at http://lcweb.loc.gov/copyright/disted/. Written comments must be received in the Copyright Office on or before February 5, 1999. The first hearing will be at the Postal Rate Commission, 3rd Floor Hearing Room, 1333 H St., N.W. Washington, D.C. on January 26 and 27, 1999 beginning at 9 am on both days. The hearing will be preceded on January 25 from 2-5 pm by a demonstration of distance education programs using digital technologies in the Automation Orientation Center, LM G-45, James Madison Building, Library of Congress, Washington, D.C. The second hearing will be at the University of California at Los Angeles (UCLA), James West Alumni Center Conference Room, 325 Westwood Plaza, Los Angeles, CA on February 10 beginning at 9 am. The third hearing will be the University of Illinois at Chicago, College of Medicine, Room 423, 1853 West Polk St., Chicago, IL on February 12 beginning at 9:30 am. To comply with a study required by the recently enacted Digital Millennium Copyright Act (PL 105-304), the Copyright Office seeks the views of parties interested in distance education, including representatives of copyright owners, nonprofit educational institutions, and nonprofit libraries and archives. This input will assist the Copyright Office in preparing a report and possible recommendations to Congress on revision of copyright law. The notice seeks comment on a series of specific questions related to the nature of distance education, the role of licensing, the use of technology, and the application of copyright law to distance education. The ALA Washington Office is working with ALA's Association of College and Research Libraries, as well as with other library groups, on joint testimony for the Washington, D.C. hearing. ALA members who have input that would be useful for library association testimony are encouraged to contact Adam Eisgrau, ALA Washington Office Legislative Counsel, at ame@alawash.org or at 1- 800-941-8478 before January 12. Please send copies of any comments or testimony filed with the Copyright Office to the ALA Washington Office (fax 202-628-8419). [3] Correction: Connecticut Was Also A Recipient of IMLS Library Services and Technology Act Grants to States - FY1999 Our apologies for inadvertently not including the state of Connecticut in the IMLS Library Services and Technology Act Grants to States - FY1999 table (ALAWON v7, n157; December 21, 1998). Connecticut received a federal allocation of $1,750,899 and a state match of $901,978. ****** 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, Carol Henderson, Peter Kaplan, Claudette Tennant and Rick Weingarten.