Subject: Hope for Revision in WIPO Legislation: Call for Action
David Green (david@ninch.org)
Date: Mon, 8 Jun 1998 18:18:15 -0500
Message-Id: <v02130515b1a21d35d435@[192.100.21.23]> Date: Mon, 8 Jun 1998 18:18:15 -0500 To: ninch-announce@cni.org From: david@ninch.org (David Green) Subject: Hope for Revision in WIPO Legislation: Call for Action
NINCH ANNOUNCEMNT
June 8, 1998
According to the report below (in the ALAWON newsletter of the American
Library Association), the Commerce Committee's hearing on the WIPO
Copyright
Implementation Act (H.R. 2281) last Friday included many suggestions to
change the legislation.
According to the ALA report, "Commerce Committee Chairman Thomas Bliley
and Ranking Member John Dingell...made opening statements indicating that
changes in H.R. 2281 might well be necessary to assure that it did not
impede commerce by affording some information owners excessive control over
their product to the detriment of other businesses, students and library
users."
Putting his finger on the heart of the objections from the library and
scholarly communities, Prof. Robert Oakley, library director of the
Georgetown University Law Center, emphasized that:
> "H.R. 2281, as drafted, would grant copyright owners a
> new and unrestricted exclusive right to control access
> to information in digital works which could negate one
> of the most basic principles that has made the U.S. so
> clearly a leader in intellectual creativity,
> innovation, and commerce -- the ability to gain access
> to information in published or publicly available
> works. . . . By access I mean the right to read and,
> even more simply, the right to browse published works.
> Taken another step, it means the right to use works in
> ways currently allowed by exemptions and limitations in
> copyright -- expressly crafted by Congress -- to permit
> fair use, use for library preservation, and use in
> classroom teaching."
>
As you can see, the ALA is petitioning constituents to contact legislators
and commerce committee members to indicate opposition to the language as
currently drafted.
David Green
===========
>Date: Mon, 08 Jun 1998 14:53:03 -0400
>From: ALAWASH E-MAIL (ALAWASH E-MAIL) <ALAWASH@alawash.org>
>To: ALA Washington Office Newsline <ala-wo@ala1.ala.org>
>Subject: ALAWON v7, n61 - ACTION FOR FAIR USE NEEDED BY FRIDAY
>
>=================================================================
>ALAWON Volume 7, Number 61
>ISSN 1069-7799 June 8, 1998
>
> American Library Association Washington Office Newsline
>
>In this issue: (260 lines)
>
>MOMENTUM SWINGING IN HOUSE TOWARD REWORKING "WIPO" COPYRIGHT
>LEGISLATION TO PROTECT FAIR USE; ACTION NEEDED BY THIS FRIDAY,
>JUNE 12
>_________________________________________________________________
>
>MOMENTUM SWINGING IN HOUSE TOWARD REWORKING "WIPO" COPYRIGHT
>LEGISLATION TO PROTECT FAIR USE; ACTION NEEDED BY THIS FRIDAY,
>JUNE 12.
>
>ACTION NEEDED: If fair use and other copyright exceptions are
>finally to get the statutory protection that they need and
>deserve in cyberspace, it is likely to be the House Commerce
>Committee -- especially its Telecommunications Subcommittee
>chaired by Rep. Billy Tauzin (R-LA) -- that will make the
>necessary changes required in H.R. 2281, The WIPO Copyright
>Treaties Implementation Act (see BACKGROUND below).
>
>To that end, all ALA members and library supporters are urged --
>NO LATER THAN THIS FRIDAY, JUNE 12 -- to contact Congress in
>writing and by phone or fax in support of changes to H.R. 2281 to
>protect "fair use," and in support of H.R. 3048, The Digital Era
>Copyright Enhancement Act -- the library-friendly
>"Boucher/Campbell" bill previously endorsed by ALA. Specifically:
>
>1. EVEN IF YOU ARE NOT ONE OF THEIR CONSTITUENTS, please
> contact Commerce Committee leaders Rep. Thomas Bliley (R-VA)
> and John Dingell (D-MI), AND Telecommunications Subcommittee
> leaders Reps. Billy Tauzin and Ed Markey (D-MA) to thank
> them for holding Friday's (June 5) hearing (see HOUSE
> HEARING below), their support of "balanced" copyright law in
> general, and to STRONGLY URGE THEIR SPECIFIC SUPPORT FOR
> RELATED AMENDMENTS TO H.R. 2281 to be offered by Rep. Rick
> Boucher (D-VA) later this month (e.g., updating the Fair Use
> and First Sale Doctrines);
>
> Address Correspondence:
> THE HONORABLE (FULL NAME)
> UNITED STATES HOUSE OF REPRESENTATIVES
> WASHINGTON, D.C. 20515
>
> ST-DST PTY REPRESENTATIVE PHONE FAX
> LA-3 R Billy Tauzin 202-225-4031 202-225-0563
> MA-7 D Edward J. Markey 202-225-2836 N/A
> VA-7 R Thomas J. Bliley 202-225-2815 202-225-0011
> MI-16 D John D. Dingell 202-225-4071 N/A
>
>2. Please also send a copy of your letter to your own
> Representative -- ESPECIALLY IF THEY'RE ON THE ATTACHED LIST
> OF TELECOMMUNICATIONS SUBCOMMITTEE MEMBERS -- with an
> additional note asking them to:
>
> - COSPONSOR H.R. 3048 by Reps. Boucher and Campbell, AND
> - OPPOSE any form of H.R. 2281 which does not contain
> library-endorsed changes intended to assure that fair use
> will fully apply in cyberspace; AND
>
>3. IF YOUR REPRESENTATIVE IS ON THE ATTACHED LIST OF H.R. 3048
> COSPONSORS, please thank him or her for their cosponsorship
> and ask them, as well, to OPPOSE any form of H.R. 2281 which
> does not contain library-endorsed changes intended to assure
> that fair use will fully apply in cyberspace.
>_________________________________________________________________
>
>HOUSE COMMERCE SUBCOMMITTEE ON TELECOMMUNICATIONS
>
>ST-DST PTY REPRESENTATIVE PHONE FAX
> (use 202 area code)
>CA-14 D Anna G. Eshoo 225-8104 225-8890
>CA-27 R James E. Rogan 225-4176 225-5828
>CA-47 R Christopher Cox 225-5611 225-9177
>CO-6 R Dan Schaefer 225-7882 225-7885
>FL-6 R Clifford B. Stearns 225-5744 225-3973
>GA-9 R Nathan Deal 225-5211 225-8272
>IL-1 D Bobby L. Rush 225-4372 226-0333
>IL-14 R J. Dennis Hastert 225-2976 225-0697
>IL-20 R John M. Shimkus 225-5271 225-5880
>LA-3 R Billy Tauzin, Chair 225-4031 225-0563
>MD-4 D Albert R. Wynn 225-8699 225-8714
>MA-7 D Edward J. Markey, Rnk. Mem. 225-2836 N/A
>MI-6 R Frederick S. Upton 225-3761 225-4986
>MI-16 D John D. Dingell 225-4071 N/A
>MO-5 D Karen McCarthy 225-4535 225-4403
>NY-7 D Thomas J. Manton 225-3965 225-1909
>NY-17 D Eliot L. Engel 225-2464 225-5513
>OH-4 R Michael G. Oxley 225-2676 N/A
>OH-5 R Paul E. Gillmor 225-6405 225-1985
>OH-14 D Thomas C. Sawyer 225-5231 225-5278
>OK-1 R Steve Largent 225-2211 225-9187
>PA-4 D Ron Klink 225-2565 226-2274
>TN-6 D Bart Gordon 225-4231 225-6887
>TX-6 R Joe Barton 225-2002 225-3052
>TX-29 D Gene Green 225-1688 225-9903
>VA-7 R Thomas J. Bliley 225-2815 225-0011
>VA-9 D Rick Boucher 225-3861 225-0442
>WA-1 R Rick White 225-6311 225-3524
>WI-2 R Scott L. Klug 225-2906 225-6942
>_________________________________________________________________
>
>CURRENT CO-SPONSORS OF H.R. 3048
>
>ST-DST PTY REPRESENTATIVE PHONE FAX
> (use 202 area code)
>CA-6 D Lynn C. Woolsey 225-5161 225-5163
>CA-12 D Tom Lantos 225-3531 225-7900
>CA-15 R Tom Campbell 225-2631 225-6788
>CA-31 D Matthew G. Martinez 225-5464 225-5467
>CA-34 D Esteban Torres 225-5256 225-9711
>CA-45 R Dana Rohrabacher 225-2415 225-0145
>CA-46 D Loretta Sanchez 225-2965 225-5859
>CA-49 R Brian P. Bilbray 225-2040 225-2948
>CO-2 D David E. Skaggs 225-2161 226-3806
>CO-6 R Dan Schaefer 225-7882 225-7885
>CT-4 R Christopher Shays 225-5541 225-9629
>CT-5 D James H. Maloney 225-3822 225-5746
>DE-1 R Michael N. Castle 225-4165 225-2291
>FL-3 D Corrine Brown 225-0123 225-2256
>FL-5 D Karen L. Thurman 225-1002 226-0329
>GA-10 R Charles W. Norwood 225-4101 225-0279
>IL-5 D Rod R. Blagojevich 225-4061 225-5603
>IL-17 D Lane Evans 225-5905 225-5396
>MD-8 R Constance A. Morella 225-5341 225-1389
>MA-2 D Richard E. Neal 225-5601 225-8112
>MI-9 D Dale E. Kildee 225-3611 225-6393
>MN-3 R Jim Ramstad 225-2871 225-6351
>MN-7 D Collin C. Peterson 225-2165 225-1593
>MS-1 R Roger F. Wicker 225-4306 225-3549
>MO-7 R Roy Blunt 225-6536 225-5604
>NJ-6 D Frank Pallone 225-4671 225-9665
>NY-10 D Edolphus Towns 225-5936 225-1018
>NY-11 D Major R. Owens 225-6231 226-0112
>NY-25 R James T. Walsh 225-3701 225-4042
>NC-2 D Bob Etheridge 225-4531 225-5662
>OH-10 D Dennis J. Kucinich 225-5871 225-5745
>OH-13 D Sherrod Brown 225-3401 225-2266
>OH-19 R Steve C. LaTourette 225-5731 225-3307
>OR-1 D Elizabeth Furse 225-0855 225-9497
>OR-3 D Earl Blumenauer 225-4811 225-8941
>OR-4 D Peter A. DeFazio 225-6416 226-3502
>PA-14 D William J. Coyne 225-2301 225-1844
>PA-15 D Paul McHale 225-6411 225-5320
>SC-5 D John M. Spratt 225-5501 225-0464
>SC-6 D James E. Clyburn 225-3315 225-2313
>TN-2 R John J. Duncan 225-5435 225-6440
>TX-1 D Max Sandlin 225-3035 225-5866
>TX-4 D Ralph M. Hall 225-6673 225-3332
>VA-2 D Owen B. Pickett 225-4215 225-4218
>VA-9 D Rick Boucher 225-3861 225-0442
>WA-7 D Jim McDermott 225-3106
>WV-3 D Nick J. Rahall 225-3452 225-9061
>WI-2 R Scott L. Klug 225-2906 225-6942
>_________________________________________________________________
>
>BACKGROUND: In recent weeks, ALA, its fellow library
>associations, and the dozens of other private and public sector
>members of the Digital Future Coalition have fought hard -- but
>unsuccessfully -- to produce fair use-friendly changes in major
>new copyright legislation to implement the 1996 World
>Intellectual Property Organization (WIPO) Copyright Treaty.
>First, the House Judiciary Committee approved H.R. 2281, The WIPO
>Copyright Treaties Implementation Act, in a form perhaps intended
>to protect fair use in the digital environment but which --
>according to the Register of Copyrights -- fails to do so as
>written. The full Senate followed suit soon afterwards
>(improving the House bill somewhat by enabling digital
>preservation and commissioning a study of distance educators'
>needs), adopting the Digital Millennium Copyright Act, (S. 2037),
>by a vote of 99-0.
>
>HOUSE HEARING: Fortunately, however, the story is far from over.
>On Friday, June 5 the House Commerce Committee's Subcommittee on
>Telecommunications -- chaired by Rep. Billy Tauzin -- met to
>consider H.R. 2281, particularly its impact on fair use and the
>many educational and commercial activities now legal that would
>be criminalized by the bill. In a session extraordinarily well
>attended by Members, the Subcommittee heard from a dozen
>witnesses, the majority of whom were highly critical of H.R.
>2281's overreaching prohibition on the merely gaining "access"
>to any information that had been "wrapped" by its owner in
>protective digital coding . . . even if such access were achieved
>solely to make lawful us of the underlying material.
>
>Testifying on behalf of the AALL, ALA, ARL, MLA and SLA, Prof.
>Robert Oakley, library director of the Georgetown University Law
>Center, emphasized that:
>
> "H.R. 2281, as drafted, would grant copyright owners a
> new and unrestricted exclusive right to control access
> to information in digital works which could negate one
> of the most basic principles that has made the U.S. so
> clearly a leader in intellectual creativity,
> innovation, and commerce -- the ability to gain access
> to information in published or publicly available
> works. . . . By access I mean the right to read and,
> even more simply, the right to browse published works.
> Taken another step, it means the right to use works in
> ways currently allowed by exemptions and limitations in
> copyright -- expressly crafted by Congress -- to permit
> fair use, use for library preservation, and use in
> classroom teaching."
>
>This central theme also was underscored by several other
>witnesses. Prof. Oakley and others strongly urged the
>Subcommittee to make the changes in H.R. 2281 necessary to
>conform its actual language to the intent of its drafters.
>Specifically, they supported proposed amendments by H.R. 3048
>co-author Rep. Rick Boucher to make the "circumvention" of a digital
>wrapper to gain "access" to copyrighted material an offense only
>when such access results in "copyright infringement": not when
>undertaken to make fair use (or other legal use) of that
>material.
>
>MESSAGE RECEIVED: This message, often and strongly made at the
>June 5 hearing, clearly was well received and fully appreciated,
>particularly by the leadership of the Subcommittee and the full
>House Commerce Committee itself. Commerce Committee Chairman
>Thomas Bliley and Ranking Member John Dingell also both attended
>and made opening statements indicating that changes in H.R. 2281
>might well be necessary to assure that it did not impede commerce
>by affording some information owners excessive control over their
>product to the detriment of other businesses, students and
>library users.
>
>The Subcommittee's leaders struck the same chords in their
>opening statements and many questions of the witness panel.
>Indeed, Subcommittee Chairman Tauzin riveted the audience with
>his obvious affection and appreciation for the role of libraries,
>and heartfelt description of how he "grew up in a bookmobile" to
>which his mother took him "every Tuesday" throughout his
>childhood in Louisiana's rural bayou country. Subcommittee
>Chairman Tauzin made clear that he didn't think that legislation
>should proceed until the Subcommittee was certain that the bill
>did no violence to fair use and the continued availability of no-fee
>library access to (and use of) information that it affords.
>Ranking Democrat Ed Markey, focussing on the needs of high-tech
>companies in his own district, concurred with Chairman Tauzin.
>_________________________________________________________________
>
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