12 December 2005
Open Document Format Adopted in Massachusetts
SLA and others sent letters to the Commonwealth of Massachusetts in support of its adoption of the Open Document Format (ODF) as the standard for all electronic documents created by the executive branch. Backwards compatibility may be difficult to achieve in 100 years because the developer of proprietary software may have gone out of business, and the specifications for the document formatting may also have disappeared. ODF will significantly ease access to information for future generations as any future programmer will be able to finds its open, nonproprietary specifications. Galvin Letter. Trimarco Letter.

1 December 2005
Comments Provided on Circumvention of Copyright Protection Systems
SLA and others submitted comments on exceptions that the Library of Congress should grant pursuant to 17 U.S.C. § 1201(a)(1)(C), pursuant to the Notice of Inquiry (NOI) published by the Copyright Office. Library organizations are pleased to observe that in the NOI, the Office seems to have backed away from rigid application of the "substantial adverse impact" standard articulated in the previous rulemakings. Moreover, the Office has qualified the standard for actual harm from always requiring a showing of "actual instances of verifiable problems" to "generally" requiring such a showing. Nonetheless, the Office continues to interpret the "likely" adverse effects standard as - "require[ing] proof that adverse effects are more likely than not to occur." Read Comments

17 November 2005
Psihoyos v. National Geographic Enterprises
SLA, along with other library groups, filed an Amicus Brief in support of the National Geographic in the Supreme Court of the United States. The case presents a direct, material and acknowledged conflict between two U.S. courts of appeal on an important question of federal copyright law. Full Brief Amicus Curiae.

16 November 2005
Statement on "Fair Use: Its Effects on Consumers and Industry"
A statement was given in a Hearing on "Fair Use: Its Effects on Consumers and Industry" on behalf the Library Copyright Alliance (LCA), of which SLA is a member. The statement was presented to the Subcommittee on Commerce, Trade, and Consumer Protection, U.S. House of Representatives, Committee on Energy and Commerce. Fair use is central to libraries ability to achieve many facets of their missions. Libraries are essential to the communities that they serve and to our Nation. Libraries preserve and provide access to our cultural, historical and scientific heritage; support and encourage research, education and lifelong learning; and provide a venue for community engagement on a host of issues. Read full statement.

18 October 2005
Hearings Requested on U.S. Government's Negotiation Position on Broadcast Treaty
SLA, in collaboration with the Library Copyright Alliance (LCA), delivered letters to Senator Orrin Hatch, Senator Patrick Leahy, Representative Howard Berman, and Representative Lamar Smith. The letters request that hearings be held concerning the negotiating position of the U.S. government with respect to the Broadcast Treaty. For several years, the Patent and Trademark Office and the Copyright Office have been participating in discussions at the World Intellectual Property Organization concerning a proposed Treaty on the Protection of Broadcasting Organizations. The WIPO General Assembly recently decided to attempt to convene a diplomatic conference to finalize the Broadcast Treaty in late 2006 or early 2007. Read the Berman Letter, Hatch Letter, Leahy Letter, Smith Letter

28 September 2005
Illinois Tool Works, Inc. and Trident, Inc. v. Independent Ink, Inc.
Several organizations, including SLA, filed an Amicus Brief in support of Independent Ink, Inc. The case involves the tying of products. For example, the manufacturer of a computer printer may require a consumer also to purchase computer paper from the printer manufacturer. Under the antitrust law, such a tie is unlawful if the printer manufacturer has market power in the printer market -- the market for the tying product. Usually the plaintiff needs to prove that the defendant had market power in the tying product, which can be difficult and expensive to do. In this case, the Federal Circuit ruled that if a person has a patent or copyright on the tying product, market power in the tying product is presumed. The presumption makes it easier for consumers and competitors to bring tying cases. Full Brief Amicus Curiae.

19 September 2005
Hearings Urged on Broadcast Flag before Adopting Legislation
SLA, in collaboration with Library Copyright Alliance (LCA) (www.LibraryCopyrightAlliance.org) delivered a letter to Senator Stevens, Chair of the Senate Committee on Commerce, Science and Transportation. The letter urges the committee to hold hearings before adopting any legislation authorizing the FCC to promulgate Broadcast Flag. If Broadcast Flag went into effect, it would, at minimum, hamper the use of broadcast materials for teaching and scholarship, and harm effective public discourse (which often requires the copying and redissemination of broadcast content). For example, a website seeking to demonstrate the disparate treatment on the news of black "looters" and white "food liberators" in the wake of Hurricane Katrina would need to include clips of television news broadcasts. Read Letter.

1 August 2005
SLA and ALA Comment on Report of the Working Group on Internet Governance (WGIG)
The U.S. Department of State requested comments on the report of the Working Group on Internet Governance (WGIG). The United Nations Working Group on Internet Governance (WGIG), created by Phase 1 of the U.S. Department of State's World Summit on the Information Society (WSIS), was tasked "to investigate and make proposals for action, as appropriate, on the governance of Internet by 2005." Read SLA and ALA Comments.

21 July 2005
ERIC Updates
The ongoing restructuring of ERIC (Education Resources Information Center) has been a concern to many who rely on the system for useful and timely information. Kate Corby, Education and Psychology Reference Librarian Michigan State University Libraries, has done and admirable job in reporting out on the ERIC User Group committees. http://www.sla.org/content/SLA/advocacy/ERICUpdate/ERICUpdate.cfm

30 June 2005
Fair-Use Comments Requested from Australia
SLA, in collaboration The Library Copyright Alliance (LCA) (www.librarycopyrightalliance.org) provided comments regarding fair-use to the Australian government. Australia is considering adopting a U.S. - style fair use exception, and information colleagues in Australia requested the LCA to weigh in. The LCA consists of five major library associations - the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Medical Library Association, and the Special Libraries Association. These five associations collectively represent over 139,000 libraries in the United States employing 350,000 librarians and other personnel. These five associations cooperate in the LCA to address copyright issues that have a significant effect on the information services libraries provide to their users. The LCA's mission is to foster global access to information for creative, research, and educational uses. Read Comments.

27 June 2005
U.S. Supreme Court Rules on MG M v. Grokster
In a unanimous ruling in Metro-Goldwyn-Mayer Studios v. Grokster, the U.S. Supreme Court declared that distributors of peer-to-peer (P2P) file-sharing systems may be held liable if they actively induce copyright infringement by users of those P2P systems. Importantly, the Court strongly reaffirmed its earlier ruling in Sony Corp of America v. Universal City Studios which held that technologies could not be outlawed if they were capable of substantial noninfringing uses. SLA and others filed an Amicus Brief on this case. SLA, in collaboration with The Library Copyright Alliance (LCA), welcomes this balanced decision that supports the interests of libraries while addressing issues of widespread copyright infringement. By focusing on conduct that induces infringement, rather than on the distribution of technology, the decision ensures the continued availability of new and evolving digital technologies to libraries and their patrons. Read Press Release.

19 May 2005
Forty Groups Oppose Homeland Security's Weak Privacy Rules
More than forty organizations, including SLA, have opposed a plan proposed by the Department of Homeland Security. The plan proposes to exempt a vast database from legal requirements that protect privacy and promote government accountability. The agency's plan leaves individuals without the ability to correct inaccurate information and without protection against possible abuse of the database. Read Comments.

In March, 2004, SLA and others filed an Amicus Curiae (Friends of the Court) asking the U. S. Supreme Court to reject the US Government's claim that it may conduct the public?s business in secret. Read more.

13 May 2005
Section 108 Study Group to make Copyright Law Recommendations
A newly formed Section 108 Study Group is discussing exceptions to copyright law for libraries and archives, and is to make copyright law recommendations. Section 108 of the US Copyright Act addresses "Limitations on exclusive rights: Reproduction by libraries and archives." The goal of the group is to prepare findings and make recommendations to the Librarian of Congress by Mid-2006 for possible alterations to the law that reflects current technologies. This effort will seek to strike the appropriate balance between copyright holders and libraries and archives in a manner that best serves the public interest. Public hearings will be held before submitting recommendations to the U.S. Congress. Read full release.

11 May 2005
SLA signs on to Amicus Brief in DoD v. Jean Martignon
In May 2005 SLA and other organizations, signed on to an Amicus Brief in support of Jean Martignon in DoD v. Jean Martignon. The case deals specifically with recordings of live performances, and the organizations are worried that the precedent sought by the government could case considerable harm to public domain. Also this could enable legislation that removes facts from the public domain, increases costs for consumers, and inhibits the abilities of libraries and archives to provide access to knowledge and culture. Read Brief.

10 May 2005
Cheney Task Force Documents to Remain Secret
A US federal appeals court judge dismissed a lawsuit 10 May 2005, which sought to uncover secret documents from Vice President Cheney's energy task force. The judge ruled the task force was not subject to the disclosure requirements of the Federal Advisory Committee Act (FACA). Full story.

9 May 2005
LCA Submits Comments on Orphan Works
In a response to a Notice of inquiry regarding "orphan works," the Library Copyright Alliance (LCA) submitted comments to the US Copyright Office. Orphan works are those whose owners are difficult or even impossible to locate. The LCA consists of five major library associations ? the American Library Association, the Association of Research Libraries, the American Association of Law Libraries, the Special Libraries Association, and the Medical Library Association. These five associations collectively represent over 80,000 individual librarians and thousands of libraries of all kinds throughout the United States. These five associations cooperate in the LCA to address copyright issues that affect libraries and their patrons.  

9 May 2005, additional reply comments from 13 organizations, including SLA. Read more.

6 May 2005
"Broadcast Flag" Struck Down in Court
On May 6, 2005, "Broadcast Flag" was struck down in court. A federal appeals court handed down a unanimous ruling in favor of libraries and consumer groups. Several library groups (including SLA) and others challenged a decision by the Federal Communications Commission (FCC) to require consumer electronics and computer manufacturers to read and obey a "broadcast flag" signal embedded in new digital television signals. The broadcast flag requirement would have made it difficult for librarians to copy and distribute digital programs for legal purposes. What is a Broadcast Flag? Full Reply Brief of Petitions
SLA press release: 

News stories: http://www.publicknowledge.org/about/what/pknews

21 April 2005
Library Associations Support GPO 2006 Budget
SLA, AALL, and ALA sent letters to members of the Committee on Appropriations in the US House of Representative, and the Subcommittee on Legislative Branch in the US Senate in support of the FY 2006 appropriations for the Government Printing Office (GPO) and the Superintendent of Documents Salaries and Expenses (S&E). Of particular note, the three library associations support GPO's funding request needed to develop the Future Digital System, but stress that until the system is developed, tested, and fully operational, GPO must continue to use S&E appropriations to produce and distribute tangible products to depository libraries. Currently, only print and microfiche are the trusted and authenticated formats for permanent access to and preservation of important government information.

Read Letters:
GPOLetterObey; GPOLetterAllard; GPOLetterDurbin; GPOLetterLewis.

5 April 2005
SLA, AALL, and ALA Support LC 2006 Budget
SLA, AALL, and ALA sent letters to members of the Committee on Appropriations in the U.S. Senate, Subcommittee on Legislative Branch, and the U.S. House of Representatives in support of the recent budget request of the Library of Congress (LC). LC is asking for $627,802,000 for FY 2006, which will allow the Library to fund ongoing operational activities, while at the same time support a number of key activities of interest to the library community and the Nation. Read Letters: 
LCletterObey; LCletterAllard; LCletterDurbin; LCletterLewis.

25 March 2005
LCA Submits Comments on Orphan Works
The Library Copyright Alliance (LCA) submitted comments to he US Copyright office's Notice of inquiry regarding "orphan works." Orphan works are those whose owners are difficult or even impossible to locate. The LCA consists of five major library associations - the American Library Association, the Association of Research Libraries, the American Association of Law Libraries, the Special Libraries Association, and the Medical Library Association. These five associations collectively represent over 80,000 individual librarians and thousands of libraries of all kinds throughout the United States. These five associations cooperate in the LCA to address copyright issues that affect libraries and their patrons. LCA Comments.

2 March 2005
Family and Entertainment Copyright Act of 2005, S. 167. 
SLA, AALL, ARL, and ALA, wrote The Honorable Lamar Smith, Chairman Subcommittee on the Courts, the Internet, and Intellectual Property expressing their support for the Family and Entertainment Copyright Act of 2005, S. 167.  Title III's reauthorization of the National Film Preservation Board and the National Film Preservation Foundation will help ensure the preservation of our national film heritage.  Title IV will assist libraries to engage in preservation, scholarship and research of musical works, motion pictures, and other audiovisual works during the last 20 years of their copyright term. Letter.

2 March 2005
Metro-Goldwyn-Mayer Studios v. Grokster (P2P Networking)
Several organizations, including SLA, have filed an Amicus Brief in support of Grokster. The Amicus Brief argues that Grokster's peer-to-peer file-sharing technology has substantial and valuable noninfringing uses, and its software facilitates the peer-to-peer exchange of files over the Internet. In the more familiar case of a web site, information is created or included by the web site operator and every user downloads the information from the single web site. In peer-to-peer systems, information resides on the various computers of each user and is transmitted directly from one user's computer to another's. Twenty-eight of the world's largest entertainment companies first brought this lawsuit against the makers of the Morpheus, Grokster, and KaZaA software products in 2001, hoping to obtain a legal precedent that would hold all technology makers responsible for the infringements committed by the users of their products. The entertainment companies lost in District Court, and then lost again on appeal to the Ninth Circuit Court of Appeals. On March 29, the Supreme Court will hear oral arguments from both sides. A final ruling is expected by the end of July 2005. Full Brief Amicus Curiae.

1 March 20005
GPO POSITION ON FDLP DISTRIBUTION
The Government Printing Office (GPO) has released its position of Federal Depository Library Program (FDLP). Since 1996, GPO has been transitioning the FDLP to a predominately electronic basis in full cooperation and consultation with the library community. This initiative has resulted in an exponential expansion of effective public access to Government information without substantial increases in funding, and today more than 1 million documents a day are retrieved from GPO Access (www.gpoaccess.gov). At the same time, GPO has continued to provide public access to information in tangible formats in accordance with policy established by GPO's Superintendent of Documents. Judy Russell, GPO's Superintendent of Documents, has on an ongoing basis continued to meet with various library and user groups, including SLA, to work toward solutions that are workable from the various library needs and requirements. For SLA information, contact Doug Newcomb
GPO Position of FDLP Distribution release.

26 January 2005
Library-Related Principles for the International Development Agenda of the WIPO
In December 2004, Library-related principles were developed for use in discussions at the World Intellectual Property Organization (WIPO) concerning the impact of intellectual property protection on economic development and the significance of copyright exceptions for libraries, educational institutions, and the disabled.  These principles are not intended to serve as statutory language and thus do not reflect limitations and qualifications that would appear in such language. View full principles.

11 January 2005
ATA Expresses Disappointment with NIH Open Access Publishing Policy Delay
The Alliance for Taxpayer Access (ATA) sent a letter to Elias Zerhouni, Director National Institutes of Health (NIH), expressing disappointment in the delay of the scheduled NIH announcement of its policy on enhanced public access to NIH. ATA is a broad coalition representing patient advocates, distinguished scientific researchers, academic institutions, research libraries and others (including SLA) with a vital interest in the success of NIH research. The Administration postponed announcing the new National Institute of Health (NIH) policy on making research results publicly available. Letter.