Library Copyright Alliance Statement on Copyright Reform

The Library Copyright Alliance has issued a statement on copyright reform.

Here's an excerpt:

Because of the favorable treatment such activities likely would receive in the courts under sections 107 and 504(c)(2), libraries would support an effort to amend the Copyright Act to benefit libraries only if it offered significant benefits over the status quo. To do so, a proposal must contain at least the following features:

  • The non-commercial use (i.e., reproduction, distribution, public performance, public display, or preparation of a derivative work) by a nonprofit library or archives of a work when it possesses a copy of that work in its collection:
    • would not be subject to statutory damages;
    • would not be subject to actual damages if the use ceases when the library or archives receives an objection from the copyright owner of the work; and
    • would be subject to injunctive relief only to the extent that the use continues after the library or archives receives an objection from the copyright owner of the work.
  • This limitation on remedies would apply to the employees of the library or archives, as well as to a consortium that includes the library or archives.
  • Copyright owner objections would have no effect on a library’s rights under fair use.

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Author: Charles W. Bailey, Jr.

Charles W. Bailey, Jr.