ALAWON: American Library Association Washington Office Newsline Volume 9, Number 1 January 12, 2000 In this issue: URGENT ACTION NEEDED: Libraries Requested to Respond to Survey by January 24: Our Continuing Ability to Exercise Fair Use Is At Stake The Copyright Office of the Library of Congress is conducting a rulemaking regarding how access to copyrighted works has or may change due to the introduction of technological protection measures. This rulemaking was included in the Digital Millennium Copyright Act (DMCA) as Section 1201(a). The ALA Washington Office, along with other library associations, has designed a short, but important survey (below). The results will be used to comment on the rulemaking process. We are asking the library community respond by returning this survey to ALA by January 24; ALA's comments are due to the Copyright Office by February 10, 2000. Please take a few minutes to complete this survey, or delegate this responsibility to another individual in your organization. IT IS IMPORTANT THERE BE ONLY ONE RESPONSE FROM YOUR LIBRARY. You may complete the survey below and reply on e-mail to ALAWON (alawash@alawash.org). Or you may fax it to 202.628.8424. Our mailing address is: ALA Washington Office, OITP, Attn: Carrie Russell, 1301 Pennsylvania Ave., N.W. Suite 403, Washington, D.C. 20004. For a PDF version of the survey, which can be mailed or faxed to our Washington Office, please see http://www.ala.org/oitp. If you have questions about the survey, please contact Carrie Russell (crussell@alawash.org) or call 800.941.8478. We very much appreciate your assistance. --- Digital Millennium Copyright Act, Section 1201(a) Rulemaking Survey Responses due by Monday, January 24, 2000 Members of the library community are asked to respond to the survey below by Monday, January 24, regarding ways access to copyrighted materials has changed due to technological access control measures and how such access will continue to change in the future. (Detailed information is provided on the attached sheet.) The information you provide will be used by ALA to develop comments concerning Section 1201(a) of the Digital Millennium Copyright Act specifically related to the prohibition against circumventing technological measures that control access to a copyrighted work. Those comments will become part of the public record compiled by the Copyright Office of the Library of Congress in its formal rulemaking proceedings. Our comments are due to the Copyright Office on February 10, 2000. Where needed, please use a separate page to complete response. Thank you for your participation in this effort! Name: Name of your institution: Type of Institution: || Public Library || School Library || College or Research Library || Special Library || Other: Library Budget: || Less than $50,000 || $50,000-$199,000 || $200,000-$499,000 || $500,000-$999,000 || $1,000,000-$2,000,000 || More than $2,000,000 Percentage of library materials in digital format: __________ Percentage of library materials in print or other non-digital format: __________ (Percentages combined should equal 100 percent.) 1. What technological measures to control access to copyrighted works do you currently encounter in your library? Please check all that apply. || Passwords || "Pay-per-search" || Blocked ability to print || Payment for time spent using digital works || "Watermarked" files || Limit on number of searches || Limit on number of users || Downloaded encrypted works || Rights Management (such as Copyright Clearance Center) embedded in the digital work (e.g. the user must go through permission service to gain access to a digital work or to print a portion of the work) || Use of a mandatory online subscription form to gain access to copyrighted work || IP access mechanisms 2. What types of work employ technological measures? Please check all that apply. || Online encyclopedias || Other reference works || Online full-text journals || Print journals || Online books || Online databases || Online newspapers || CD-ROMs || Videos || Online image collections || Other: 3. Are there specific works that have become less available to your users who wish to make fair use of the works? If yes, please check all that apply. || Online encyclopedias || Other reference works || Online full-text journals || Print journals || Online books || Online databases || Online newspapers || CD-ROMs || Videos || Online image collections || Other: 4. Please explain whether those works are also available in other formats that are not subject to technological measures (e.g. an online journal may also be available in print). Do those alternative formats provide an acceptable substitute for the works that are subject to technological measures? If not, why not? Use separate page if needed. 5. Has the use of technological measures that control access to copyrighted works affected the availability of those works for archival purposes? Have you been able to maintain an archive of past issues of the works or to make past issues available upon demand by your users? Identify the works, explain how they have been affected and explain whether those works are available in other formats that are not subject to technological measures. 6. Has the use of technological measures that control access to copyrighted works affected the availability of those works for preservation purposes? Have you been able to make replacement copies of works that are damaged, deteriorated, lost, etc.? Identify the works, explain how they have been affected and explain whether those works are available in other formats that are not subject to technological measures. 7. Has the use of technological measures that control access to copyrighted works affected the availability of those works for non-profit educational purposes (such as criticism, comment, news reporting, teaching and classroom use, scholarship, research, interlibrary loan, etc.)? Identify the works, explain how they have been affected and explain whether those works are available in other formats that are not subject to technological measures. 8. Are there any other policies or practices that you or your users have adopted or modified to accommodate access to works that are subject to technological measures? If so, please identify them. 9. Do you think this is a significant problem in the overall mission of your library? Please respond to: Carrie Russell, Office for Information Technology Policy, 1301 Pennsylvania Ave., N.W., Suite 403, Washington, D.C. 20004; e-mail: copyright@alawash.org; ph: 800- 941-8478; fax: 202-628-8424; Thank you! ****** 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. Executive Director: Emily Sheketoff; Editor: Deirdre Herman. Office of Government Relations: Lynne Bradley, Director; Mary Costabile, Peter Kaplan, Miriam Nisbet and Claudette Tennant. Office for Information Technology Policy: Rick Weingarten, Director; Carrie Russell and Saundra Shirley.