[Fwd: ACTION NEEDED ON COPYRIGHT]

Gary Handman (ghandman@library.berkeley.edu)
Wed, 16 Sep 1998 08:40:14 -0700

>Dear Colleagues,
>
>FYI and action -- nls
>
>Michael Godow wrote:
>
>> ALAWON Volume 7, Number 106
>> ISSN 1069-7799 September 15, 1998
>>
>> American Library Association Washington Office Newsline
>>
>> In this issue: (136 lines)
>> COPYRIGHT CLASHES LIKELY TO DEFINE FINAL WEEKS
>> OF 105TH CONGRESS;
>> LETTERS TO SENATORS ON DATABASE AND WIPO BILLS NEEDED
>> NOW.
>> _________________________________________________________________
>>
>> COPYRIGHT CLASHES LIKELY TO DEFINE FINAL WEEKS OF 105TH
>> CONGRESS;
>> LETTERS TO SENATORS ON DATABASE AND WIPO BILLS NEEDED
>> NOW.
>>
>> ACTION: Please write or call your Senators this week to urge:
>> (1) no Senate action on controversial database protection
>> legislation; and (2) strong support for including the House's
>> version of fair use protection in any final version of WIPO
>> copyright treaty legislation.
>>
>> Please write to both of your Senators this week in support of
>> preserving the critical balance between protecting information
>> and affording reasonable access to it as key Committees struggle
>> with two "intellectual property" bills: the "Collections of
>> Information Antipiracy Act" (S. 2291/H.R. 2652) and the "Digital
>> Millennium Copyright Act" (H.R. 2281).
>>
>> MESSAGES: Please ask both of your Senators to write, and speak
>> personally, to Judiciary Committee Chairman Orrin Hatch (R-UT)
>> and Ranking Member Patrick Leahy (D-VT) requesting that they:
>>
>> (1) DEFER Senate action until the next Congress on any special
>> interest database protection legislation, including the
>> "Collections of Information Antipiracy Act" (S. 2291/H.R. 2652),
>> AND that they remove this controversial legislation from the
>> "Digital Millennium Copyright Act" (H.R. 2281) with which it was
>> merged by the House early last month (see ALAWON V. 7, NO. 91 of
>> August 6, 1998); AND
>>
>> (2) NOT accept any version of "fair use" protection weaker than
>> that adopted in the House version of H.R. 2281 when the House and
>> Senate meet to reconcile their different versions of the "Digital
>> Millennium Copyright Act" in the next few weeks.
>>
>> *** SPECIAL NOTE: Because of their leadership roles, it's
>> especially important that:
>>
>> . . . UTAH and VERMONT residents write directly to Mr. Hatch and
>> Mr. Leahy; and
>>
>> . . . MISSISSIPPI and OKLAHOMA residents contact Senate Majority
>> Leader Trent Lott (R-MS) and Deputy Leader Don Nickels
>> (R-OK); and
>>
>> . . . ARIZONA and SOUTH CAROLINA residents reach Sens. John
>> McCain (R-AZ) and Ernest Hollings (D-SC).
>>
>> Letters may be addressed to your Senator (Hon. __full name__);
>> United States Senate; Washington, DC 20510.
>>
>> BACKGROUND:
>>
>> With less than a calendar month, and even fewer "legislative
>> days", remaining in the 105th Congress, now is the time that the
>> wheels within the wheels either mesh to produce legislation that
>> gets to the President's desk . . . or don't. ALA, together with
>> its many partners in the library community and the Digital Future
>> Coalition, is fighting hard to assure that the last minute deals
>> that are the hallmark of this end-of-Congress environment don't
>> reverse progress made to date in protecting public access to
>> information or catapult unripe proposals into law which could
>> jeopardize such access. Both of these dangerous scenarios could
>> easily become reality with respect to the major intellectual
>> property legislation on which libraries have worked so hard in
>> this Congress. That's why your letters now are so critical.
>> The details of database protection and WIPO treaty implementation
>> legislation can be complicated, but the key concepts underlying
>> librarians' work on these bill are as familiar as common sense:
>>
>> (1) DATABASE: Both the Departments of Commerce and Justice have
>> submitted analyses to Congress expressing major concerns,
>> including potential unconstitutionality, with the "Collections of
>> Information Antipiracy Act" (S. 2291/H.R. 2652). This database
>> protection legislation could radically restrict access to
>> non-copyrightable information. Thus, it should not be rushed
>> through
>> Congress at the last minute without Senate hearings, whether as a
>> separate bill or as part of the "Digital Millennium Copyright
>> Act" (H.R. 2281) to implement the World Intellectual Property
>> Organization (WIPO) copyright treaties with which it was merged
>> by the House in August. ALA joined 37 other public and private
>> sector organizations and companies that wrote to Judiciary
>> Committee Chairman Orrin Hatch last week asking him to defer
>> action on this controversial measure until the next Congress. A
>> copy of this joint letter is posted on the Internet at
>> http://www.dfc.org/issues/database/jntltr/jntltr.html;
>>
>> (2) WIPO: Legislation to implement the WIPO treaties was first
>> passed by the Senate as S. 2037 without any provision for the
>> future protection of fair use and various other kinds of lawful
>> access to information now afforded by the Copyright Act. In the
>> House, however, efforts by key members of the Commerce Committee
>> succeeded in writing basic access safeguards into H.R. 2281 as
>> approved by the full House in early August. When the Senate and
>> House meet to determine the final form of WIPO treaty
>> legislation, as they will soon, the House bill's protections for
>> fair use and other kinds of lawful access to information must be
>> incorporated in the finished product.
>>
>> FURTHER DETAILS: For detailed assessments of the pending database
>> legislation (S. 2291/H.R. 2652) and of the pluses and minuses of
>> the version of the WIPO treaty bill adopted by the House in early
>> August (H.R. 2281) please point your browser to
>> http://www.dfc.org or, as always, contact Adam Eisgrau of the ALA
>> Washington Office.
>> _________________________________________________________________
>
>
>
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>Date: Wed, 16 Sep 1998 06:02:03 -0500
>From: Michael Godow <mgodow@ala.org>
>To: ACRL Leads <acrleads@ala1.ala.org>
>Subject: ACTION NEEDED ON COPYRIGHT
>Reply-To: mgodow@ala.org
>Sender: owner-acrleads@ala1.ala.org
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>MIME-Version: 1.0
>
>ALAWON Volume 7, Number 106
>ISSN 1069-7799 September 15, 1998
>
> American Library Association Washington Office Newsline
>
>In this issue: (136 lines)
> COPYRIGHT CLASHES LIKELY TO DEFINE FINAL WEEKS
> OF 105TH CONGRESS;
> LETTERS TO SENATORS ON DATABASE AND WIPO BILLS NEEDED
>NOW.
>_________________________________________________________________
>
>COPYRIGHT CLASHES LIKELY TO DEFINE FINAL WEEKS OF 105TH
>CONGRESS;
> LETTERS TO SENATORS ON DATABASE AND WIPO BILLS NEEDED
>NOW.
>
>ACTION: Please write or call your Senators this week to urge:
>(1) no Senate action on controversial database protection
>legislation; and (2) strong support for including the House's
>version of fair use protection in any final version of WIPO
>copyright treaty legislation.
>
>Please write to both of your Senators this week in support of
>preserving the critical balance between protecting information
>and affording reasonable access to it as key Committees struggle
>with two "intellectual property" bills: the "Collections of
>Information Antipiracy Act" (S. 2291/H.R. 2652) and the "Digital
>Millennium Copyright Act" (H.R. 2281).
>
>MESSAGES: Please ask both of your Senators to write, and speak
>personally, to Judiciary Committee Chairman Orrin Hatch (R-UT)
>and Ranking Member Patrick Leahy (D-VT) requesting that they:
>
>(1) DEFER Senate action until the next Congress on any special
>interest database protection legislation, including the
>"Collections of Information Antipiracy Act" (S. 2291/H.R. 2652),
>AND that they remove this controversial legislation from the
>"Digital Millennium Copyright Act" (H.R. 2281) with which it was
>merged by the House early last month (see ALAWON V. 7, NO. 91 of
>August 6, 1998); AND
>
>(2) NOT accept any version of "fair use" protection weaker than
>that adopted in the House version of H.R. 2281 when the House and
>Senate meet to reconcile their different versions of the "Digital
>Millennium Copyright Act" in the next few weeks.
>
>*** SPECIAL NOTE: Because of their leadership roles, it's
>especially important that:
>
>. . . UTAH and VERMONT residents write directly to Mr. Hatch and
> Mr. Leahy; and
>
>. . . MISSISSIPPI and OKLAHOMA residents contact Senate Majority
> Leader Trent Lott (R-MS) and Deputy Leader Don Nickels
> (R-OK); and
>
>. . . ARIZONA and SOUTH CAROLINA residents reach Sens. John
> McCain (R-AZ) and Ernest Hollings (D-SC).
>
>Letters may be addressed to your Senator (Hon. __full name__);
>United States Senate; Washington, DC 20510.
>
>BACKGROUND:
>
>With less than a calendar month, and even fewer "legislative
>days", remaining in the 105th Congress, now is the time that the
>wheels within the wheels either mesh to produce legislation that
>gets to the President's desk . . . or don't. ALA, together with
>its many partners in the library community and the Digital Future
>Coalition, is fighting hard to assure that the last minute deals
>that are the hallmark of this end-of-Congress environment don't
>reverse progress made to date in protecting public access to
>information or catapult unripe proposals into law which could
>jeopardize such access. Both of these dangerous scenarios could
>easily become reality with respect to the major intellectual
>property legislation on which libraries have worked so hard in
>this Congress. That's why your letters now are so critical.
>The details of database protection and WIPO treaty implementation
>legislation can be complicated, but the key concepts underlying
>librarians' work on these bill are as familiar as common sense:
>
>(1) DATABASE: Both the Departments of Commerce and Justice have
>submitted analyses to Congress expressing major concerns,
>including potential unconstitutionality, with the "Collections of
>Information Antipiracy Act" (S. 2291/H.R. 2652). This database
>protection legislation could radically restrict access to
>non-copyrightable information. Thus, it should not be rushed
>through
>Congress at the last minute without Senate hearings, whether as a
>separate bill or as part of the "Digital Millennium Copyright
>Act" (H.R. 2281) to implement the World Intellectual Property
>Organization (WIPO) copyright treaties with which it was merged
>by the House in August. ALA joined 37 other public and private
>sector organizations and companies that wrote to Judiciary
>Committee Chairman Orrin Hatch last week asking him to defer
>action on this controversial measure until the next Congress. A
>copy of this joint letter is posted on the Internet at
>http://www.dfc.org/issues/database/jntltr/jntltr.html;
>
>(2) WIPO: Legislation to implement the WIPO treaties was first
>passed by the Senate as S. 2037 without any provision for the
>future protection of fair use and various other kinds of lawful
>access to information now afforded by the Copyright Act. In the
>House, however, efforts by key members of the Commerce Committee
>succeeded in writing basic access safeguards into H.R. 2281 as
>approved by the full House in early August. When the Senate and
>House meet to determine the final form of WIPO treaty
>legislation, as they will soon, the House bill's protections for
>fair use and other kinds of lawful access to information must be
>incorporated in the finished product.
>
>FURTHER DETAILS: For detailed assessments of the pending database
>legislation (S. 2291/H.R. 2652) and of the pluses and minuses of
>the version of the WIPO treaty bill adopted by the House in early
>August (H.R. 2281) please point your browser to
>http://www.dfc.org or, as always, contact Adam Eisgrau of the ALA
>Washington Office.
>_________________________________________________________________
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

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