Being in Washington during intense debates over issues near and dear to one's heart is like a double-edged sword: on the one hand, it grants one the opportunity to be involved directly in shaping legislation that will affect our future; on the other hand, one develops such a myopic view of the legislative process that one's sense of perspective is often lost. For this reason, I understand when I get blank stares from SLA members regarding the complex nature of soon-to-be new laws affecting copyrighted works in digital form. Also, I hope that my "inside-the-beltway" disease can sometimes be forgiven. Speaking of confusing issues . . .

At the last possible moment, Congress finished work on the Digital Millennium Copyright Act, an interesting piece of legislation designed to protect the interests of copyright owners in the world of electronic information and entertainment. The legislation addresses two major issues: circumvention of protection systems (passwords, encryption codes, etc.) to infringe on a copyright; and online service provider liability (OSP). All of this probably seems very innocuous to the casual observer. There are however, potential pitfalls in how the legislation will impact libraries and their ability to make use of copyrighted works under existing law.

The problem with the legislation is that it creates solutions for a lot of problems that haven't occurred yet. For instance, while the anti-circumvention provisions seemingly prohibit illegitimate access, no exemptions exist that would cover activities by a user of electronic publications in a library. Additionally, that section is written in such a way that might allow the courts to stretch the boundaries of the law, thereby harming library rights under copyright law.

The OSP provisions are intended to protect organizations that provide online service from liability if their users infringe copyright on the organization's network. Whether this means that all libraries are protected is doubtful, but SLA is working to see that it happens. Expect this law to be tested in the courts as well.

A few rays of sunshine have appeared in the new law. Prior to the new law, libraries were allowed to make one copy of a protected work for the purposes of preservation. Under the new law, libraries are allowed to make up to three copies. Also, libraries are exempted from the anti-circumvention provisions for the purposes of reviewing a work prior to purchase. Finally, rather than approve a new law on the use of digital technologies in distance education, Congress asked the U.S. Copyright Office to conduct a study on the matter and make recommendations for legislation. That report is expected in mid-1999.

More important is the waiver period established by Congress on the anti-circumvention provisions. For two years, that portion of the new law will not be enforced, so as to allow all parties involved better understand its impact on the use of copyright works in digital form. During the waiver period, the Copyright Office will study the potential impact of the provisions on fair use in the United States. Every two years after the waiver period, the Copyright Office must review any new developments in technology and the law to determine if subsequent legislative action should be taken. Welcome to the world of government regulatory review!

SLA and the rest of the U.S. library community will be working together to study to potential troublespots in the new law. How can you help? By communicating with us! SLA staff will be communicating with members on our analysis of the new law, and your experience as an information professional will help us strengthen the law for the benefit of the profession.

For more information on Government Relations Outlook or to contribute to the column, please contact Director, Government Relations John Crosby (john-c@sla.org).