In today's world, it is sometimes difficult to separate what is affected by copyright law and what should fall under the laws for patents and trademarks. Intellectual property, a phrase that is now used to refer to copyrights, patents and trademarks, has been called "a subtle and esoteric area of the law that evolves in response to technological change." As more data is sent and received over computer networks throughout the "global village," intellectual property rights are being more fully examined.
Currently, the issue of copyright in the networked digital environment is being debated all over the world. As communications and the exchange of information crosses borders rapidly and easily, the impact of domestic copyright laws has become muted. In a number of developed nations, including Canada, the United Kingdom, other members of the European Union (EU) and the United States, copyright is a form of protection provided by laws to the authors of original works of authorship. These include literary, dramatic, musical, artistic, and other intellectual works. This protection is available to both published and unpublished works. Only in the last 50 years have many nations begun to realize the massive cultural, social and economic benefits of protecting intellectual property. With technology beginning to pose new dilemmas for both content owners and users, the library community is eminently qualified to maintain a balance in the law.
The Special Libraries Association (SLA) staff and members have been active participants in the ongoing debate on copyright for many years. Recently, as the issue has taken center stage in the international arena, SLA has become increasingly involved in monitoring copyright activities in all nations where members reside. This will continue as domestic copyright laws are harmonized with international agreements and treaties.
Fair Use/Fair Dealing
The U.S. Copyright Act of 1976 grants owners of copyrighted works certain rights, while at the same time allowing for the "fair use" of those works (for example, reproducing) for purposes such as "criticism, comment, news reporting, teaching, scholarship, or research." The law further grants libraries (as well as educational institutions and archives) an exemption for making copies of copyrighted works. This means that copyright owners have certain legal rights, but so do users, including librarians, archivists and educators. As copyright law is transferred into the digital age, the principles of fair use must be maintained in order to "promote progress in the useful arts and sciences."
The right of fair dealing, which impacts Great Britain, Canada, Australia and the colonies of the British Empire, is more restrictive than the American system of fair use. However, the law does afford individuals the opportunity to make use of copyrighted materials in scholarly research. As in the United States, content owners and users in these countries must ensure that the precepts of fair dealing will be maintained in the networked digital environment.
As is the case with analog or printed materials, policymakers must ensure that balance will be achieved between the right to access information and the right to protection and compensation for creators within the global information infrastructure. While we cannot predict what issues or technologies will be used or of importance perhaps even 10 years hence, our laws should be flexible enough to encompass any new formats in which information is collected, maintained or disseminated, without diminishing the rights of users or creators.
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