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Over the last year, the nations of the world have been debating the matter of copyright in the digital environment. The European Union (EU) and the United States have been aggressively working to resolve the matter. Throughout the process of negotiations and development of legislation, librarians have been in the unenviable position of defending the existing state of copyright and how it should fit in with the digital age. As copyright owners around the globe seek greater assurances that their works are not easily copied, librarians face an uphill battle to protect the limitations and exceptions that have become a part of the copyright doctrine. While the debate has been seemingly less contentious in Europe, the legislative process in the United States has developed into an all-out war over the nature and scope of owner and user rights. Just as it occurred in 1976 when the U.S. Copyright Act was last amended, battle lines are being drawn over what can or should be allowed in the newest medium for reading, viewing, or listening to protected works. Copyright owners publicly want guarantees against piracy, since digital copies cannot be distinguished from originals. Additionally, owners want to be able to charge users on a "pay-per-view" basis, which flies in the face of longstanding practices in a library setting. Users want the ability to access digital works just as they do with printed and analog works today. Unfortunately, this debate is quickly turning into an "irresistible force meets immovable object" scenario. The real question is this: How "immovable" can the library community and information users be? Given that Congress is more apt to give in to "irresistible forces," this matter could end up in court, once the legislative debate is completed. The dynamics of the debate have mirrored the styles of public policy development in Europe and the United States. EU policymaking focuses on generating consensus among the leaders of the member nations, with input from all interested parties. Because true grassroots activity has yet to take hold of the process, the European Parliament is less affected by it. Conversely, in the United States, grassroots advocacy has generated support and altered the opinions of legislators, and will continue to do so. Many legislators, however, are predisposed to support the interests of movie studios, recording artists, publishers, and other copyright owners. However, the ultimate and determining factor may very well be the level of constituent contact that reaches legislators on the matter. In Canada, the proverbial ball is just starting to roll. Folks in Ottawa are developing white papers on the various issues at hand. Once completed, the reports will be distributed for comment by interested parties. This will probably lead to some form of legislative action on digital copyright, possibly by the end of 1998. So what's a Canadian librarian to do, with the international trend moving toward more restrictive copyright policies? There are lessons to be learned from the experiences of their brethren in the U.S. and Europe. The most important piece of advice: TAKE ACTION NOW! Let your legislators know what you think about copyright and how it should be managed in the digital world. Here are some other strategies: Do Unto Others Before They Have a Chance To Do Unto You. The U.S. and European debates on digital copyright were framed mostly by the publishers, movie studios, and recording artists. They cried for help over piracy of digital works, and Congress and the European Parliament were only too willing to assist. After all, copyrighted works are a major source of revenue for these nations. Libraries have been left to justify what is currently in their respective nations' laws, which, in the eyes of the opposition, is akin to convincing someone that we all have the right to steal. So, in order to shake this image, we must immediately begin the process of making this issue a consumer-oriented, good-for-the-public, freedom-and-liberty type of debate. It is truly the only way to guarantee success without negotiating for a particular limitation or exception to be saved. Go Public! Once you have framed the issue, you need to take your message to anyone who will listen: newspaper, television and radio reporters, trade press, association meetings, civic groups, etc. You never know who will be willing to join the fight. Get By With A Little Help From Your Friends. Canadian librarians need to find allies in the right places. In the U.S., libraries and educational institutions joined forces with the manufacturers of computer and home recording products, who would be severely affected by pending legislation. Consumer and computer users groups also joined the fight. So take time to form a coalition of diverse interests to show that libraries are not alone. Find Champions in Parliament. Legislators who are sympathetic to the cause need to be convinced to represent user interests, most preferably through introduction of proactive legislation. Even if they cannot do that, members of Parliament who support your interests will be there to help out along the way. Don't Give Up. If the opposition appears to have momentum, it may be the perfect time to strike at their arguments. Start working on rebuttals to their position now. Rest assured, you will use them at some point in the debate. $ SLA Home Page | Join SLA Now | Feedback | Search
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