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----------------------------Original message----------------------------

Visual Resources Association

Contact: Joseph Romano
Visual Resources Association
(216) 775-8666
FOR IMMEDIATE RELEASE
February 17, 1997

Visual Resources Association Votes Not to Endorse Proposed CONFU
Guidelines for Digital Image Archives

New York, N.Y. -- February 16, 1997-- At its meeting on February 12, the
executive board of the Visual Resources Association (VRA) voted not to
endorse the Conference on Fair Use (CONFU) Proposed Guidelines for
Digital Image Archives.  The VRA has participated in the CONFU process
since the conference was convened by the National Information
Infrastructure (NII) Task Force in 1994.

After much deliberation, the VRA Ad Hoc Committee on Intellectual
Property Rights, co-chaired by Virginia M.G. Hall and Kathe Albrecht,
recommended that the VRA not endorse the proposed guidelines. These
guidelines were developed to address the difficulty of applying existing
Fair Use provisions of the copyright law to imaging technologies which
did not exist when the law was last revised in 1976.  The recent growth
of digital technologies and the resulting proliferation of digital
information resources have created an entirely new species of
information transfer and storage -- the digital image.  Technologies
surrounding digital imagery are in a state of rapid evolution, and their
many uses are still experimental.  The VRA feels that the proposed
guidelines will only serve to limit full development of digital image
resources for education, and would seriously impede creative innovation
which is essential to the educational process.

It is important to note that the decision not to endorse does not
signify a failure of the process of examining in detail the competing
needs of interested parties, such as copyright holders and educators.
Rather, VRA objects to specific provisions expressed in the guidelines
and to the exclusion of necessary protections for educators.  VRA
maintains that the proposed guidelines do not equitably balance among
concerned parties the benefits and burdens of allowing Fair Use and of
determining what constitutes Fair Use.  VRA feels that the guidelines
place a greater burden upon educators who have no financial motive in
digitizing images than upon parties with commerical and copyright
interests. Neither does the VRA feel that the past two years have been
work in vain.  The VRA views the entire procedure as an ongoing process,
one which has yet to provide adequate benefits and protections for
scholars and educators who increasingly depend upon digital technology
for applications which have long been held to be  Fair Use under
existing law.

The VRA will prepare a formal report to Peter Fowler, CONFU Chair,
before the final CONFU meeting scheduled for May 1997.  In the meantime
the VRA Ad Hoc Committee will review the drafts of the Proposed CONFU
Guidelines for Distance Learning and for Educational Multimedia, and
make recommendations regarding these guidelines to its executive board
and the VRA membership.