March 10, 2005 - SLA Public Policy Connections
March 10, 2005 - SLA Public Policy Connections
In this issue...

1.  Help Keep Funding for NHPRC--Contact Your Representatives Today!   
2.  GPO Requests Participation in Essential Titles Survey
3.  Copyright Office Issues Notice of Inquiry on Orphan Works
4.  Participate in National Library Legislative Day--May 3 & 4, 2005
5.  Library Groups Support Family and Entertainment Copyright Act of 2005
6.  Amicus Brief filed in Grokster (P2P Networking) Case
7.  GPO Releases Position on FDLP Distribution
8.  Library-Related Principles Developed for WIPO
9.  EU Ministers Endorse Patent Law
10. US PTO Plans to Improve Operations
11. Proposed FOIA Amendment Legislation Introduced
12. Canadian Court Rules on Private Copying for Digital Recorders
13. German National Library May Legally Circumvent Protection Mechanisms
14. EU Software Patents Remain Controversial
15. The EU and 13 Asian Governments Countries Join to Fight Spam


Help Keep US Funding for NHPRC
Contact Your Representatives Today!   

The National Historical Publications and Records Commission (NHPRC) has been "zeroed out" in the US President's budget for FY2006. NHPRC makes grants to institutions across the United States. These grants to state and local organizations help preserve and make accessible materials that sustain the work of biographers, classroom teachers, documentary filmmakers, journalists, lawyers, land surveyors, historians, genealogists, community historians, museum exhibit designers.  Write letters to your representatives on the US House and Senate Appropriations Committees and request that funding be restored for the NHPRC. Deliberations began March 1 in both US House and Senate Appropriations Committees; and action is needed immediately. Go to SLA’s advocacy site at: www.sla.org/act.

GPO Requests Participation in Essential Titles Survey
March 4 to March 18, 2005
The US Government Printing Office (GPO) is conducting a survey to identify Essential Titles for Public Use in Paper or Other Tangible Format.  Every Federal depository library needs to respond to the survey so that GPO will have meaningful data. The survey’s purpose is to identify items that should be added to the current list of Essential Titles for Public Use in Paper Format (http://www.access.gpo.gov/su_docs/fdlp/pubs/estitles.html), either for all Federal depository libraries or for specific types of depository libraries.  The GPO cannot assist in meeting users' requirements for tangible Government information products if you do not participate. Additional information about the survey and the login screen are available at: http://www.gpoaccess.gov/essential/.

Copyright Office Issues Notice of Inquiry on Orphan Works
The US Copyright office has issued a Notice of inquiry, and is seeking comments on issues concerning “orphan works.”  Orphan works are those whose owners are difficult or even impossible to locate.   Several groups, including SLA, will be filing comments.  These organizations and institutions are seeking community input on issues surrounding orphan works, and hope to build consensus on remedies to resolve this significant problem.  The American Library Association (ALA) is requesting input on three questions regarding the experiences that users have encountered when seeking permission to use a copyrighted work.  To participate, please go to: http://www.ala.org/ala/washoff/washnews/2005ab/017mar01.htm

Participate in National Library Legislative Day--May 3 & 4, 2005
Come and participate in National Library Legislative Day 2005. SLA is collaborating with ALA and DCLA in bringing together hundreds of library supporters from across the country. Attendees will visit Members of Congress to share stories about libraries in their communities and to talk about the needs and accomplishments of libraries in their area. Full details and registration information SLA contact: Doug Newcomb.

Library Groups Support Family and Entertainment Copyright Act of 2005
SLA, AALL, ARL, and ALA wrote The Honorable Lamar Smith, Chairman of the 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.

Amicus Brief filed in Grokster (P2P Networking) Case.
Several organizations, including SLA, have filed an Amicus Brief in support of Grokster in the Metro-Goldwyn-Mayer Studios v. Grokster case. The Amicus Brief argues that Grokster’s peer-to-peer file-sharing technology has substantial and valuable non-infringing 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 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 that of another.  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.

GPO Releases Position on FDLP Distribution
The US 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. 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. Russell 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 NewcombGPO Position of FDLP Distribution release.

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.

EU Ministers Endorse Patent Law
European Union (EU) ministers have endorsed a controversial proposed law on patents, which critics say could stifle software development.  Some major tech firms say it is needed to protect inventions, while others fear it will hurt smaller tech firms. The draft bill still needs the backing of the European Parliament, which is unlikely to rubber stamp the proposals.  News story: http://news.bbc.co.uk/2/hi/technology/4325215.stm ; http://www.govexec.com/dailyfed/0305/030405tdpm1.htm.

US PTO Plans to Improve Operations
The US Patent and Trademark Office (PTO) has announced three initiatives aimed at improving both the speed of its operations and the soundness of its decision-making system: transparency, reexaminations, and appeals.  The new initiatives support the agency’s 21st Century Strategic Plan goals to ensure an effective patent examination system.  News Story; Patent Law Blog

Canadian Court Rules on Private Copying for Digital Recorders
The Federal Court of Appeal recently ruled that digital audio recorders such as iPods and MP3 players are not subject to Canada's private copying regime. The Copyright Board had previously held that the devices memory was "blank audio recording media," and that MP3 manufacturers were therefore required to pay a levy under the private copying
regime. Read more:
http://www.dimock.com/news/CaseSummaries/Copyright/default.asp?aID=122
http://www.retailcouncil.org/media/press/pr20041217.asp

German National Library May Legally Circumvent Protection Mechanisms
The German Federation of the Phonographic Industry and the German Booksellers and Publishers Association have agreed to allow Deutsche Bibliothek (German National Library) to legally circumvent copy protection mechanisms on electronic materials. The agreement enables the library to fulfill its legal obligation to collect and make available material for long-term archiving purposes.  Read more:
http://www.theregister.co.uk/2005/01/19/german_library_drm/
http://www.mobileread.com/forums/showthread.php?t=3146
http://www.edri.org/edrigram/number3.2/library

EU Software Patents Remain Controversial
A proposed European Union (EU) law on software patents will not be re-drafted by the European Commission (EC).  The law is proving controversial. Some major tech firms say it is needed to protect inventions, while others fear it will hurt smaller tech firms.  Read more: http://news.bbc.co.uk/2/hi/technology/4314397.stm
http://www.eweek.com/article2/0,1759,1770806,00.asp

The EU and 13 Asian Governments Countries Join to Fight Spam
Thirty-eight European Union (EU) and Asian countries have pledged to work together to combat spam. The countries, the 25 members of the EU and 13 Asian countries, have agreed to a joint drive to fight unsolicited commercial e-mail and to promote anti-spam efforts in international organizations.  News story: http://www.infoworld.com/article/05/02/24/HNeufightspam_1.html

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