----------------------------Original message----------------------------
To Max Marmor et. al.
The Public Policy Committee has responded to Peter Fowler, Patent &
Trademarks Office, expressing concern regarding the wording and
implications of sections of the 11/6/96 draft report of the CONFU
process, the "Draft Report to the Commissioner: the Final Report to
Bruce A. Lehman...on the Conclusion of the Conference on Fair Use."
Please see the letter below.
Thank you for your valuable input!
Katherine Poole & Hinda Sklar
Co-Chairs, Public Policy Committee
_______________
Art Libraries Society of North America
4101 Lake Boone Trail, Suite 201
Raleigh, North Carolina 27607
November 18, 1996
Ref: NII Copyright Protection Act of 1995:
CONFU : Draft Report to the Commissioner: the Final Report to
Bruce A. Lehman...on the Conclusion of the Conference on Fair Use
Peter N. Fowler
U.S. Patent & Trademarks Office
Washington, DC 20515
FAX (703) 305-8885
Dear Mr. Fowler:
The ARLIS/NA Public Policy Committee is writing on behalf of ARLIS/NA,
Art Libraries Society of North America, to express its deep concern
regarding aspects of the 11/6/96 Draft Report to the Commissioner: the
Final Rep to Bruce A. Lehman...on the Conclusion of the Conference on
Fair Use, dated November 25, 1996.
Specifically,we are disturbed that critical terminology in this draft of
the report appears to equate participation in the process of the
formulation of the Digital Images guidelines as tantamount to
endorsement without adequate acknowledgment of the period of time
designated for consideration of the guidelines by the participants and
their eventual ratification or not.
In both the "Summary of Guidelines" on page 14 and the following
"Recommendations" on page 15 of the Draft Report the wording of these
sections would appear to presume endorsement, which is mentioned
repeatedly, without also adequately addressing the equally valid and
possible stance of the participants who may decide not to endorsement or
ratify the guidelines. As an accurate reflection of this CONFU process
we believe that both sides of this issue, including dissenting
viewpoints or statements, merit consideration and inclusion.
While it has been suggested that this appearance may be a
misunderstanding in terms of process and/or wording, we nonetheless,
would strongly advocate a change in wording in order to provide
clarification of this process in the Draft Report.
Thank you,
Katherine K. Poole
Public Policy Committee, Co-Chair
ARLIS/NA, Art Libraries Society of North America
