ALAWON: American Library Association Washington Office Newsline
Volume 8, Number 119
November 24, 1999

In this issue: 

OITP E-Bulletin: CSTB Report Proposes Framework for Protecting 
Intellectual Property Rights; Public Access to Electronic 
Information

The Computer Science and Telecommunications Board (CSTB) of the 
National Research Council has released a report on intellectual 
property and new digital technology. Library experts Gary Strong, 
director of the Queens Borough Public Library and Clifford Lynch, 
director of the Coalition for Networked Information, were part of 
the CSTB Committee on Intellectual Property Rights and the 
Emerging Information Infrastructure that worked on the report.
 
The report's message to policymakers is to "slow down." "The 
Digital Dilemma: Intellectual Property in the Information Age" 
argues that we are in the early days of developing new paradigms 
for the creation, distribution, and use of digital information 
resources. New intellectual property law, if enacted before there 
is a better understanding of new developments, could preclude the 
evolution of new models for both users and providers of 
information resources. Furthermore, it could have unintended 
negative consequences for education, research, and public access 
to vital information.

With the advent of new electronic media, some traditional concepts 
need to be reevaluated and may no longer be relevant, according to 
the report. In particular, the notions "copy" and "publication" 
may need to be reassessed regarding their meaning in an electronic 
environment.  The report recommends that copyright be reconsidered 
based on its Constitution origin, "to promote the progress of 
science and the useful arts," while still providing an economic 
incentive to authors and publishers. 

Several committee members suggest that copyright holders and 
proprietors consider business models that would provide an 
incentive for individuals to behave legally -- by providing new 
value added services that the public requires and by pricing 
materials reasonably, thereby creating a disincentive to illegally 
copy.

Finally, the report raises questions about the possible 
implications for legal protections of technological measures for 
controlling access to proprietary digital resources.  It suggests 
there are serious concerns about whether the use of technological 
protection measures is even desirable when considering privacy and 
fair use. As technological protection services are being tested 
and created, legislators are encouraged to "wait and see" before 
enacting any new intellectual property legislation.  

The executive summary and conclusions of the report are available 
at http://www.cstb.org . The published book will be available in 
January from National Academy Press. --Rick Weingarten

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