The following press release was posted to the Library of Congress web
site on January 27, 2006 <http://www.loc.gov/today/pr/2006/06-017.html>.
Section 108 is especially important to members of both ARLIS and VRA. A
web site for the study groups will be available soon.
I have copied the complete press release from the Library of Congress
web site below. My apologies if I have duplicated a previously posted
message on the roundtables.
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Study Group to Host Public Roundtables in March 2006 on Copyright
Exceptions for Libraries and Archives
A committee appointed by the Library of Congress will hold two public
roundtables in March 2006—in Los Angeles and in Washington, D.C.— to
gather insights and opinions on how to revise copyright exceptions for
libraries and archives (Section 108 of the Copyright Act).
The committee consists of independent experts from the commercial and
not-for profit sectors. The roundtables, which are free and open to the
public, will be held Wednesday, March 8, in Los Angeles and on Thursday,
March 16, in Washington, D.C.
The committee, known as the Section 108 Study Group, convened in April
2005 under the sponsorship of the Library of Congress and the U.S.
Copyright Office to re-examine the exceptions and limitations applicable
to libraries and archives under the Copyright Act, specifically in light
of the changes produced by the widespread use of digital technologies
since the last significant study in 1988.
The group is studying how Section 108 of the Copyright Act (titled
“Limitations on exclusive rights: Reproduction by libraries and
archives”) may need to be amended to address the relevant issues and
concerns of libraries and archives, as well as creators and other
copyright holders. As part of this process, the Study Group is reaching
out to the library, archives, rights-holder and creative communities for
input on recommendations for possible revisions to the current library
and archives exceptions. The March roundtables will be the first
opportunity for these communities to share their views with the Study
Group face-to-face.
Information on how to participate in the roundtables will be published
in the Federal Register in February 2006 and made available on the
Section 108 Study Group Web site: www.loc.gov/section108. In lieu of
participating in the roundtables, comments may be submitted to the Study
Group directly via the Web site.
The March roundtables will address four general issues: (1) eligibility
for the Section 108 exceptions, (2) exceptions for copies made for
preservation and replacement purposes, (3) access to digital copies
outside the premises of libraries and archives, and (4) separate
treatment for unpublished materials. A more detailed description of the
issues to be discussed will be made available on the study group Web
site shortly. Other general topics pertaining to Section 108
exceptions—such as making copies upon patron request, interlibrary loan,
eReserves and licensing—may be the subject of future public roundtables.
Section 108 of the Copyright Act permits libraries and archives to make
certain uses of copyrighted materials in order to serve the public and
ensure the availability of works over time. Among other things, Section
108 provides limited exceptions for libraries and archives to make
copies in specified instances for preservation, replacement and patron
use. It has been observed that the current provisions were drafted with
analog materials in mind, and do not adequately address many of the
issues unique to digital media, either from the perspective of
rights-holders or libraries and archives. Digital technologies are
radically transforming how copyrighted works are created and
disseminated and also how libraries and archives preserve and make those
works available. Cultural heritage institutions, in carrying forward
their missions, have begun to acquire and incorporate large quantities
of “born digital” works (those created in digital form) into their
holdings to ensure the continuing availability of those works to future
generations.
The National Digital Information Infrastructure and Preservation Program
(NDIIPP), www.digitalpreservation.gov, and the U.S. Copyright Office,
www.copyright.gov, both part of the Library of Congress, are sponsoring
the Section 108 Working Group. The Study Group comprises copyright
experts from various fields, including law, publishing, film, music,
software and photography, as well as libraries and archives. It has been
charged with providing findings and recommendations on how to revise the
copyright law in order to ensure an appropriate balance among the
interests of creators and other copyright holders, libraries and
archives in a manner that best serves the national interest. The
findings and recommendations will be submitted by late 2006 to the
Librarian of Congress.
# # #
PR 06-017
01/17/06
ISSN 0731-3527
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Marlene Gordon
Visual Resources and Music Curator
University of Michigan-Dearborn
313-593-5463
313-593-1902 (fax)
[log in to unmask]
VRA-IPR Committee, Chair
IS, co-editor
www.vraweb.org
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