Copyright and Intellectual Property News

Gary Handman (
Mon, 17 Aug 1998 12:23:26 -0700

>>>TO: Directors of ARL Libraries
>>>FROM: Duane E. Webster, ARL Executive Director
>>>RE: June E-news for ARL Directors:
>>> Part Two, Federal Relations
>>> Note: Members are encouraged to route these
>>> monthly briefings to interested staff within the
>>> library or the parent institution
>>> The monthly Federal Relations E-News are written by
>>> Prue Adler ( and edited by Michael
>>> Miller ( They will be posted on
>>> the Federal Relations Notebook Updates on the ARL
>>> Web site at:
>>> <>
>>>1. Copyright and Intellectual Property Legislation - Update -
>>> FRN#1
>>>2. Hearing Conducted on GPO Reform Legislation - FRN#2
>>>3. Senate Passes Internet Gambling Legislation - FRN#3
>>>4. House Approves NSF FY 1999 Funding - FRN#4
>>>5. House Passes Library of Congress Bicentennial
>>> Commemorative Coin Act - FRN#4
>>>1. Copyright and Intellectual Property Legislation - Update - FRN#1
>>> On August 4, the House of Representatives passed H.R. 2281, the
>>>Digital Millennium Copyright Act. The legislation, significantly
>>>different than that approved by the Senate, includes provisions relating
>>>to fair use, encryption research, privacy, and more. Unfortunately, title
>>>V of H.R. 2281 is the database legislation, the "Collections of
>>>Information Antipiracy Act." Because the House version of the bill
>>>differs from S. 2037 and in particular, includes several new titles such
>>>as database that have not been considered by the Senate, a conference will
>>>be required once Congress returns from the August recess.
>>> Speaking in support of the legislation, Chairman Bliley (
>>>Chairman, Committee on Commerce and R-VA) noted that the bill, "strikes an
>>>appropriate balance between the goal of promoting electronic commerce and
>>>protecting intellectual property in the digital environment." It also
>>>includes "a strong fair use provision to ensure that consumers -- as well
>>>as libraries and institutions of higher learning -- will be able to
>>>continue to exercise their historical fair use rights." Finally, he
>>>expressed hope, regarding title V on database protection, that "the House
>>>and Senate Judiciary Committees will work to address the serious concerns
>>>of many in the public and private sector bodies. Congress needs to
>>>address those concerns before enacting this legislation. "
>>> Sen. Hatch (Chairman, Senate Judiciary Committee and R- UT) and
>>>Sen. Leahy (D-VT) have convened a forum of "interested parties --pro and
>>>con -- to work with me during the August recess to work out a compromise
>>>bill that will have widespread support." Libraries and higher education
>>>are represented by Arnold Lutzker, Fish & Richardson. On August 4, the
>>>Administration wrote to the Senate and expressed serious concerns with the
>>>Collections of Information Antipiracy Act. Andrew Pincus, General
>>>Counsel, Department of Commerce, stated "the Administration has a number
>>>of concerns with H.R.2652, including the concern that the Constitution
>>>imposes significant constraints upon Congress's power to enact legislation
>>>of this sort." He also noted his support for some "legal protection
>>>against commercial misappropriation of collection of information."
>>>2. Hearing Conducted on GPO Reform Legislation - FRN#2
>>> On July 29, the Senate Committee on Rules and Administration
>>>conducted a hearing on S. 2288, the Wendell H. Ford Government
>>>Publications Reform Act of 1998. The bill includes major revisions to
>>>Title 44, the law governing publishing, procurement, and dissemination of
>>>government information. In particular, the bill seeks to update the
>>>Federal Depository Library Program and permit the Program more flexibility
>>>in the networked environment. Stated purposes of revisions concerning the
>>>Depository Library Program include:
>>> o to broaden, strengthen, and enhance public access to all
>>>government publications regardless of form or format, and
>>> o to provide permanent public access to and ensure the
>>>authenticity of government publications regardless of form or format.
>>> Testifying on behalf of the library community were Barbara Ford,
>>>Virginia Commonwealth University, Robert Oakley, Georgetown University Law
>>>Center, and Daniel O'Mahoney, Brown University and chair,
>>>Inter-Association Working Group (IAWG). Their testimony, presented on
>>>behalf of the seven members of the IAWG, expressed strong support for S.
>>>2288 and called upon members of the Committee to enact the legislation
>>>prior to the close of the session. Joining the library community in
>>>support for the legislation were representatives from the Government
>>>Printing Office, the Joint Council of GPO Labor Unions, Communications
>>>Workers of America, the Information Industry Association, the Printing
>>>Industries of America, and OMB Watch. It is expected that the Senate will
>>>act on this legislation in September, following the congressional recess.
>>>3. Senate Passes Internet Gambling Legislation - FRN#3
>>> On July 23, the Senate passed S. 474, the Internet Gambling
>>>Prohibition Act of 1998 as an amendment to the FY 1999 Department of
>>>Commerce, Justice, State, the Judiciary and Related Agencies
>>>Appropriations bill. The legislation calls for a ban on all forms of
>>>gambling on the Internet, including interactive games, many of which are
>>>made available via offshore sites. Last month, the Higher Education
>>>Alliance for Information Technology expressed serious reservations about
>>>the legislation. There is companion legislation in the House, H.R. 2380.
>>>4. House Approves NSF FY 1999 Funding - FRN#4
>>> On July 29, the House completed work on the FY 1999 VA, HUD, and
>>>Independent Agencies Appropriations bill which includes funding for the
>>>National Science Foundation. Despite several unsuccessful challenges to
>>>the NSF's funding, the House approved the measure. A conference to
>>>resolve differences between the House and Senate bills is expected once
>>>Congress returns from the August recess.
>>> On July 31, the Senate unanimously confirmed Dr. Neal Lane as the
>>>Director of the Office of Science and Technology Policy. Dr. Lane also
>>>serves as Assistant to the President for Science and Technology Policy and
>>>is responsible for advising the President in all areas of science and
>>>technology policy. Dr. Lane was Director of the National Science
>>>Foundation prior to the OSTP appointment. Dr. Rita Colwell is the new
>>>Director of the NSF.
>>>5. House Passes Library of Congress Bicentennial Commemorative Coin Act -
>>> On August 4, the House of Representatives passed H.R. 3790, a
>>>bill requiring the Secretary of the Treasury to mint coins in
>>>commemorating the bicentennial of the Library of Congress. Proceeds will
>>>be used to create an endowment at the Library aimed at benefiting
>>>America's youth in the 21st century.
>>>Duane Webster, Executive Director
>>>Association of Research Libraries
>>>v (202) 296-2296 f (202) 872-0884

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000

"You are looking into the mind of home video. It is innocent, it is aimless,
it is determined, it is real" --Don DeLillo, Underworld