Dear colleagues,
The Public Policy committee would be happy to compile all examples of how
extended copyright prevents scholarship. It will be more effective to have
one document from ARLIS with all our examples, rather than a number of
responses. Please send examples to [log in to unmask] or
[log in to unmask]
Thank you,
Barbara
At 07:55 AM 3/1/2002 -0500, you wrote:
>ARLIS colleagues:
>
>Some of you know of the various efforts to halt the Sonny Bono Copyright
>Term Extension Act. CAA has retained counsel to potentially argue the brief
>before the Supreme Court (see explanation, below). Although this message
>came across the Art History Webmasters' listserve, I think we as art
>librarians have some rich examples of the disasters of this act. I'm sure
>the firm of Debevoise and Plimpton doesn't need to be deluged with
>responses, but those of you with prime examples of how extended copyright
>prevents scholarship might email your experiences, as requested below, to
>them.
>
>Thanks for your help.
>
>Lee R. Sorensen
>Librarian for Art, Architecture, Photography and Dance
>Box 90727
>Lilly Library
>Duke University
>Durham, NC 27708-0727
>
>v. 919/660-5994 f.919/660-5999
>www.lib.duke.edu/lilly/artsearch/home.htm
>
>-----Original Message-----
>From: [log in to unmask]
>[mailto:[log in to unmask]] On Behalf Of Robert A.
>Baron
>Sent: Thursday, February 28, 2002 10:12 AM
>To: AHWA-AWHA Art History Webmasters ASSOCIATION des webmestres en
>histoire de l'art
>Subject: CAA Amicus brief against Copyright Term Extension
>
>
>Dear Art-History Webmasters (with apologies for cross-posting):
>
>We need to enlist the help of scholars and visual resources specialists in
>our efforts to overturn the Sonny Bono Copyright Term Extension Act now
>before the Supreme Court.
>
>The College Art Association has decided to file an Amicus brief in the
>matter of Eldred v. Ashcroft, and to argue for a finding that the Sonny
>Bono Copyright Term Extension Act (CTEA) is unconstitutional in its manner
>of extending the length of time works remain under copyright. In our view,
>CTEA has serious consequences relating to the free exercise of our first
>amendment rights, and robs the public of the right to use works that were
>created under a regime when copyright terms were shorter than they are now.
>The erosion of the public domain that CTEA has caused can be halted if the
>Supreme Court finds in favor of Eldred.
>
>Counsel for CAA, Jeffrey Cunard (Debevoise and Plimpton) has prepared a
>summary of our case and the reasons why it is being filed, and has asked me
>to refer individuals who seek further clarification to its locaton. It may
>be found at the following URL:
>
>http://www.studiolo.org/CIP/AmicusEldredCAA.htm
>
>Time is short:
>The Amicus Brief must be filed in about 30 days from today, which means
>that the information we are requesting from scholars must be presented
>quickly. Mr. Cunard is more than willing to answer questions about this
>project and to talk to people about their relevant experiences. His email
>address is as follows: mailto:[log in to unmask]
>
>We need to demonstrate that the Copyright Term Extension Act as now
>constituted, adding 20 years to the copyright term (now the life of the
>artist plus 70 years), has been or threatens to be detrimental to your work
>as scholars, art historians, teachers, writers, and visual resources
>workers. For this purpose we need to collect a variety of real-world
>examples drawn from the experience and expectations of researchers and
>scholars who
>
>1) have had trouble tracking down copyright owners of older materials,
>which were just to go out of copyright (from the '20s-'40s) until the
>passage of the CTEA in 1998;
>
>and/or
>
>2) have had publishers deny them rights to use such works;
>
>and/or
>
>3) have had publishers tell them that they will not publish scholarly work,
>including third-party copyrighted works that were about to fall into the
>public domain, unless rights are cleared;
>
>and/or
>
>4) were anticipating that works would fall into the public domain, and were
>hoping to make use of such works until the extension of the copyright term.
>
>Any help you can provide in tracking down researchers whose actual
>experiences can be used to demonstrate the extent to which the CTEA has
>chilled the creation of expression will be invaluable. Offering up such
>examples in our brief will highlight the effect of the term extension and
>make it all the more vivid for the Court, demonstrating that the first
>amendment "chill" is not just a theoretical possibility.
>
>NOTE: This request not only refers to original works of art that meet the
>above conditions, but also to copyrighted photographs documenting works of
>art, even when those works are securely in the public domain.
>
>Mr. Cunard's office will talk with those individuals whose stories are the
>most compelling to verify the details. It's a chance for fame and fortune
>(assuming that being in an amicus brief is "fame"), and, more importantly,
>it's in aid of a good cause. Just send them our way!!
>
>Contact Jeffrey P. Cunard mailto:[log in to unmask]
>
>For further information see:
>http://www.pipeline.com/~rabaron/index01.htm
>
>Robert Baron
>
>__________________________________________________________________
>Mail submissions to [log in to unmask]
>Administrative matters (file requests, subscription requests, etc)
> to [log in to unmask]
>ARLIS-L Archives and subscription maintenance:
> http://lsv.uky.edu/archives/arlis-l.html
>Questions may be addressed to list owner (Kerri Scannell) at: [log in to unmask]
Barbara Rockenbach, Instructional Services Librarian
Arts Library
Yale University
180 York St.
P.O. Box 208242
New Haven, CT 06520-8242
phone: (203) 432-7074 fax: (203) 432-0549
__________________________________________________________________
Mail submissions to [log in to unmask]
Administrative matters (file requests, subscription requests, etc)
to [log in to unmask]
ARLIS-L Archives and subscription maintenance:
http://lsv.uky.edu/archives/arlis-l.html
Questions may be addressed to list owner (Kerri Scannell) at: [log in to unmask]
