SLA HERALDS “BROADCAST FLAG” DECISION
Court of Appeals Strikes Down Requirement Opposed by Library
and Information Professionals

Alexandria, Virginia USA, 9 May, 2005 — Special Libraries Association (SLA) Executive Director Janice Lachance applauds the U.S. Circuit Court of Appeals decision striking down the so-called “broadcast flag” requirement.

“This would have had a monumentally detrimental effect because it would have stopped the flow of digital information to people who have the right to use and share it,” Lachance said. “It would have prohibited librarians, archivists, and educators from legally sharing digital works.”

“Broadcast flag,” imposed by the Federal Communications Commission (FCC) in a 2003 ruling, required that all digital electronic devices, such as personal computers and televisions, made after July 2005 be equipped to prevent any redistribution of digital television.

SLA and a coalition of like-minded organizations opposed the ruling, asserting that it undermined the “fair use” provision of the Copyright Act of 1976 and the distance education provision in the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002. The coalition challenged the FCC’s authority to impose the requirement, and the federal appeals court for the District of Columbia Circuit agreed the commission had overstepped its authority.

“The message in the court’s decision,” Lachance said, “is that, moving into the future, those of us with an interest in providing legal access to information and those who seek to protect intellectual property and compensate owners, must work hand-in-hand to ensure balance.

“As we move further into the digital age, copyright law and the principles of ‘fair use’ must be maintained,” Lachance said.

The Copyright Act of 1976 allows for “fair use” of copyrighted works and grants libraries, educational institutions, and archives an exemption to allow the making of copies of copyrighted works.

Co-plaintiffs in this case were the Special Libraries Association (SLA), the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Consumer Federation of America, the Consumers Union, the Electronic Frontier Foundation, and the Medical Library Association.

About SLA
The Special Libraries Association (SLA) is a nonprofit global organization for innovative information professionals and their strategic partners. SLA serves nearly 12,000 members in 83 countries in the information profession, including corporate, academic, and government information specialists. SLA promotes and strengthens its members through learning advocacy, and networking initiatives. For more information, visit us at www.sla.org.