================================================================= [Issue corrected May 23, 1996] ALAWON Volume 5, Number 24 ISSN 1069-7799 May 10, 1996 American Library Association Washington Office Newsline In this issue: (220 lines) URGENT: IMMINENT CONGRESSIONAL ACTION ON NII COPYRIGHT LEGISLATION THREATENS TO LEAVE LIBRARIES AND SCHOOLS IN THE LURCH IMMEDIATE ACTION NEEDED SAMPLE LETTER _____________________________________________________________ URGENT: IMMINENT CONGRESSIONAL ACTION ON NII COPYRIGHT LEGISLATION THREATENS TO LEAVE LIBRARIES AND SCHOOLS IN THE LURCH IMMEDIATE ACTION NEEDED: Your immediate faxes and calls to key House Committee Members critical. BACKGROUND: The House is rushing the "NII Copyright Protection Act" bill to "mark up" in the House Courts and Intellectual Property Subcommittee on Wednesday of next week, May 15! The House completed its hearings in February on this bill. (Earlier ALAWON's have described in detail the "NII Copyright Protection Act" taken from the Administration's "White Paper" and introduced in Congress last September.) Worse yet, the Courts and Intellectual Property Subcommittee is also considering wrapping the Copyright Term Extension Act (which would lengthen the term of copyright protection by 20 years) into the "NII Copyright" package on May 15. That action could short-circuit negotiations between ALA and copyright owners that began last October to craft an exemption from the term extension for libraries, archives and non-profit educational institutions. If approved in its current form, the bill would: *** make it a copyright violation to simply browse the Net without a license from copyright owners; *** subject computer system operators -- such as on-line services and networks at schools and libraries -- to potentially crippling liability for the copyright violations of their users, even if the operator; *** cripple "distance education" efforts especially vital to rural communities and the disabled; and *** make it illegal to manufacture, import or distribute devices and software (including computers and VCRs) needed by industry, schools and libraries to make "fair use" of encrypted information by overruling long-standing Supreme Court precedent. The Senate is moving deliberately on this tremendously imbalanced package and has indicated that changes in it need to be made to protect libraries and schools. The Senate Judiciary Committee, which just held the first of its own (non-joint) hearings on this bill on May 7, and is taking a far more deliberate approach to these complicated issues. In fact, Chairman Hatch appeared open at the hearing to many of the proposals backed by libraries and educational groups put forward by Prof. Robert Oakley (of AALL) on behalf of the Digital Future Coalition, in which ALA has been very active. (The DFC was given one of only five total witness slots at this important hearing held coincidentally on ALA's annual Legislative Day.) Sen. Hatch also indicated that he would hold at least one additional hearing which is likely to include a "library" witness. ACTION NEEDED NOW: Please immediately fax a letter to AND CALL all Members of the House Intellectual Property Subcommittee listed below who represent you or an institution with which you are affiliated. These contacts must be made NO LATER THAN Tuesday, May 14 and preferably sooner. Contact info and a sample letter follow. For more information about the bill, the dangers it poses and the constructive solutions offered, please see the DIGITAL FUTURE COALITION WEBSITE at http://www.ari.net/dfc *************************************************************** Using appropriate style for addressing Congress, please address all letters to Members, as listed below e.g., "2346 RHOB" for "Rayburn House Office Building", LHOB=Longworth and CHOB=Cannon) + Washington, DC 20515. Info appears as: Member and Home City Address Phone Fax Carlos Moorhead Glendale, CA 2346 RHOB 225-4176 226-1279 F. James Sensenbrenner Brookfield, WI 2332 RHOB 225-5101 225-3190 George Gekas Harrisburg, PA 2410 RHOB 225-4315 225-8440 Howard Coble Asheboro, NC 403 CHOB 225-3065 225-8611 Elton Gallegly Oxnard, CA 2441 RHOB 225-5811 225-1100 Charles Canady Lakeland, FL 1222 LHOB 225-1252 225-2279 Bob Goodlatte Roanoke, VA 123 CHOB 225-5431 225-9681 Martin Hoke Fairview Park, OH 212 CHOB 225-5871 226-0994 Sonny Bono Palm Springs, CA 512 CHOB 225-5330 225-2961 John Conyers, Jr. Detroit, MI 2426 RHOB 225-5126 225-0072 Patricia Schroeder Denver, CO 2307 RHOB 225-4431 225-5842 Howard Berman Mission Hills, CA 2231 RHOB 225-4695 225-5279 Rick Boucher Abingdon, VA 2245 RHOB 225-3861 225-0442 Jerry Nadler New York, NY 109 CHOB 225-5635 225-6923 Xavier Becerra Los Angeles, CA 1119 LHOB 225-6235 225-2202 Xavier Becerra Los Angeles, CA 1119 LHOB 225-6235 225-2202 SAMPLE LETTER **************************************************************** [DATE] [Hon. ____________________ United States House of Representatives] __# __ ____ Office Building Washington, D.C. 20515 Dear Representative__________: As a member of the American Library Association and an active {your connection to libraries and their work, e.g., librarian, trustee, volunteer, etc.}, I am writing today to ask that you do everything in your power to assure that two bills now pending before the House Courts and Intellectual Property Subcom- mittee are not voted out of Committee unless and until they are amended to help libraries serve the public in the following ways. First, the "NII Copyright Protection Act of 1995" (H.R. 2441) must be changed to permit libraries to use the latest technologies to preserve crumbling older works and to have sufficient copies of those works on hand to guarantee their survival. Provisions that will continue to foster "distance education" also are critically important. More broadly, balance must be restored to the legislation by adopting a series of amendments proposed by the Digital Future Coalition (DFC), many of which are based on a strong commitment to the Fair Use Doctrine. I share that commitment. If Congress is to update copyright law for the digital age, the rights of copyright owners and the needs of information users must both be fully respected and advanced. I support the DFC's package of amendments to the Copyright Act, particularly those related to Sections 106, 107 and 108. Second, and just as critically, the "Copyright Term Extension Act"(H.R. 989) must also be rebalanced to protect and foster library preservation efforts and education at all levels. In its current form, this bill would extend the length of copyright in published materials by 20 years. It would also lengthen the term of copyright for unpublished works by 10 years. In other words, the bill will impose a 10 or 20 year moratorium on works entering the public domain. The costs of tracking down the owners of these works (often 100 or more years old) imposes costs on libraries better spent on serving the public. ALA's representatives in Washington have been negotiating a suitable amendment to this bill with major copyright industries since December of last year. The Register of Copyrights is mediating those talks. Please do everything that you can to allow that process, which I am told is going well, to bear fruit. Premature action on this bill would be disastrous for libraries and schools. Thank you very much for helping libraries make the most of new technology and the Internet to bring the benefits of information technology to all Americans, and especially those in [INSERT THE NAME OF YOUR STATE, CITY OR COUNTY REPRESENTED BY THE MEMBER TO WHOM YOU'RE WRITING]. ALA's Washington Office staff would be pleased to provide you or your office with more information. They can be reached at 202-628-8410. Sincerely, _________________________________________________________________ ALAWON is a free, irregular publication of the American Library Association Washington Office. To subscribe, send the message "subscribe ala-wo [your_firstname] [your_lastname]" to . ALAWON archives gopher.ala.org; select Washington Office Newsline. Web page HTTP://www.ala.org/alawashington.html. ALA Washington Office 202.628.8410 (V) 1301 Pennsylvania Ave., NW, #403 202.628.8419 (F) Washington, DC 20004-1701 Lynne E. Bradley, Editor Contributor to this issue: Adam M. Eisgrau All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. =================================================================