DOCSLIB.ORG

Section 108 Study Group: Copyright Exceptions for Libraries and Archives

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Section 108 Study Group: Copyright Exceptions for Libraries and Archives 70434 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices time of the preparation of the notice of TUV will meet all the terms of its (preferred) to the e–mail address the preliminary finding. recognition and will always comply [email protected], or (2) by hand OSHA’s recognition of TUV, or any with all OSHA policies pertaining to delivery by a private party or a NRTL, for a particular test standard is this recognition; and commercial, non–government courier or limited to equipment or materials (i.e., TUV will continue to meet the messenger, addressed to the Office of products) for which OSHA standards requirements for recognition in all areas Strategic Initiatives, Library of Congress, require third-party testing and where it has been recognized. James Madison Memorial Building, certification before use in the Edwin G. Foulke, Jr., Room LM–637, 101 Independence workplace. Consequently, if a test Avenue S.E., Washington, DC 20540, Assistant Secretary of Labor. standard also covers any product(s) for between 8:30 a.m. and 5 p.m. E.S.T. If which OSHA does not require such [FR Doc. E6–20406 Filed 12–1–06; 8:45 am] delivering by courier or messenger testing and certification, an NRTL’s BILLING CODE 4510–26–P please provide the delivery service with scope of recognition does not include the Office of Strategic Initiatives phone that product(s). number: (202) 707–3300. (See Many UL test standards also are LIBRARY OF CONGRESS Supplementary Information, Section 4: ‘‘Procedures for Submitting Requests to approved as American National Copyright Office Standards by the American National Participate in Roundtable Discussions Standards Institute (ANSI). However, for Docket No. 07–10802 and for Submitting Written Comments’’ convenience, we use the designation of below for file formats and other the standards developing organization Section 108 Study Group: Copyright information about electronic and non– for the standard as opposed to the ANSI Exceptions for Libraries and Archives electronic submission requirements.) designation. Under our procedures, any AGENCY: Office of Strategic Initiatives Submission by overnight service or NRTL recognized for an ANSI-approved and Copyright Office, Library of regular mail will not be effective. test standard may use either the latest Congress. The public roundtable will be held at DePaul University College of Law, proprietary version of the test standard ACTION: Notice of a public roundtable or the latest ANSI version of that with request for comments. Lewis Building, 10th Floor, Room 1001, standard. You may contact ANSI to find 25 E. Jackson Boulevard, Chicago, out whether or not a test standard is SUMMARY: The Section 108 Study Group Illinois, 60604, on Wednesday, January currently ANSI-approved. announces a public roundtable 31, 2007. discussion on certain issues relating to FOR FURTHER INFORMATION CONTACT: Conditions the exceptions and limitations Christopher Weston, Attorney–Advisor, TUV must also abide by the following applicable to libraries and archives U.S. Copyright Office. E–mail conditions of the recognition, in under the Copyright Act, and seeks [email protected], Telephone (202) 707– addition to those already required by 29 written comments on these issues. This 2592, Fax (202) 707–0815. CFR 1910.7: notice (1) announces a public SUPPLEMENTARY INFORMATION: OSHA must be allowed access to roundtable discussion regarding the TUV’s facilities and records for issues identified in this notice and (2) 1. Background. purposes of ascertaining continuing requests written comments from all The Section 108 Study Group was compliance with the terms of its interested parties on the issues convened in April 2005 under the recognition and to investigate as OSHA described in this notice. These issues sponsorship of the Library of Congress’ deems necessary; relate primarily to making and National Digital Information If TUV has reason to doubt the distributing copies pursuant to requests Infrastructure and Preservation Program efficacy of any test standard it is using by individual users, as well as to (NDIIPP), in cooperation with the U.S. under this program, it must promptly provision of user access to unlicensed Copyright Office. The Study Group inform the test standard developing digital works. seeks written comment on and organization of this fact and provide DATES: Roundtable Discussions: The participation in a roundtable discussion that organization with appropriate public roundtable will be held in scheduled for January 31, 2007, on the relevant information upon which its Chicago, Illinois, on Wednesday, issues described in this notice. The concerns are based; January 31, 2007, from 8:30 a.m. to 4 Study Group is an independent TUV must not engage in or permit p.m. C.S.T. Requests to participate must committee charged with examining how others to engage in any be received by the Section 108 Study the exceptions and limitations to the misrepresentation of the scope or Group by 5 p.m. E.S.T. on January 12, exclusive rights under copyright law conditions of its recognition. As part of 2007. that are applicable specifically to this condition, TUV agrees that it will Written Comments: Interested parties libraries and archives, namely those set allow no representation that it is either may submit written comments on any of out in section 108 of the Copyright Act, a recognized or an accredited Nationally the topics discussed in this notice from may need to be amended to take account Recognized Testing Laboratory (NRTL) 8:30 a.m. E.S.T. on February 1, 2007, to of the widespread use of digital without clearly indicating the specific 5 p.m. E.S.T. on March 9, 2007. technologies. More detailed information equipment or material to which this ADDRESSES: All written comments and regarding the Section 108 Study Group recognition is tied, or that its requests to participate in roundtables and its work can be found at http:// recognition is limited to certain should be addressed to Mary www.loc.gov/section108. products; Rasenberger, Director of Program Section 108 was included in the 1976 TUV must inform OSHA as soon as Management, National Digital Copyright Act in recognition of the vital possible, in writing, of any change of Information Infrastructure and role of libraries and archives to our ownership, facilities, or key personnel, Preservation Program, Office of Strategic nation’s education and cultural heritage, and of any major changes in its Initiatives, Library of Congress. and their unique needs in serving the operations as an NRTL, including Comments and requests to participate public. The exceptions were carefully details; may be sent (1) by electronic mail crafted to maintain a balance between VerDate Aug<31>2005 11:51 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\04DEN1.SGM 04DEN1 mstockstill on PROD1PC61 with NOTICES Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices 70435 the legitimate interests of libraries and are available on the Web site http:// areas and specific questions identified archives on the one hand, and rights– www.loc.gov/section108. in this Federal Register notice. holders on the other, in a manner that Recently, the Study Group examined 3. Specific Questions. best serves the national interest. the provisions of section 108 governing The evolution of copyright law copies made by libraries and archives at The Study Group seeks written demonstrates that the technologies the request of users, including comment and participation in the available at any given time necessarily interlibrary loan copies, as well as roundtable discussions on the questions influence where and how appropriate whether any new provisions relating to set forth below in this Section 3, balances can be struck between the copies, performances or displays made inclusive of Topics A, B and C. interests of rights–holders and users. As in the course of providing access are the Copyright Office recognized in 1988, necessary. Specifically, the Study Group TOPIC A: AMENDMENTS TO it is important to review the section 108 seeks public input on whether any CURRENT SUBSECTIONS 108(d), (e), exceptions periodically to ensure that amendment is warranted to (1) the AND (g)(2) REGARDING COPIES FOR they take account of new technologies subsection 108(d), (e) and (g) provisions USERS, INCLUDING INTERLIBRARY in maintaining a beneficial balance addressing copies made for users, LOAN among the interests of creators and other including copies made under General Issue rights–holders and libraries and interlibrary loan arrangements; (2) the exclusions currently set out in archives. See The Register of Should the provisions relating to Copyrights, Library Reproduction of subsection 108(i) that prohibit libraries and archives from taking advantage of libraries and archives making and Copyrighted Works (17 U.S.C. 108): distributing copies for users, including Second Report 128–29 (1988). In that subsections (d) and (e) for most non– text–based works; and (3) allow libraries via interlibrary loan (which include the spirit, the Section 108 Study Group is current subsections 108(d), (e), and (g), charged with the task of identifying and archives to make copies of unlicensed electronic works in order to as well as the CONTU guidelines, to be those areas in which new technologies explained below) be amended to reflect have changed the activities of libraries provide user access and to provide access via performance or display. reasonable changes in the way copies and archives, users, and rights–holders, are made and used by libraries and so that the effectiveness or relevance of Note that any amendments to section 108 must conform to the United States’ archives, taking into account the effect applicable section 108 exceptions are of these changes on rights–holders? called into question. The Study Group international obligations under the Berne Convention to provide exceptions will attempt to formulate appropriate, Background workable solutions where amendment is to exclusive rights only ‘‘in certain special cases’’ that do ‘‘not conflict with recommended.
Load more

Recommended publications
  • Country Report Netherlands
    Country Report for the United States Annual Report to the IFLA CLM committee Helsinki, 2012 Copyright Proposed legislation Sound Recording Simplification Act. The Sound Recording Simplification Act (H.R. 2933), introduced on September 14, 2011, would bring pre-1972 sound recordings under federal copyright protection by amending §301 of the U.S. Copyright Act. No legislative action was taken by Congress. On December 28, 2011, the U.S. Copyright Office issued a report on Federal Copyright Protection for Pre-1972 Sound Recordings, following a notice of inquiry, request for comments, and public hearings held in May and June 2011. The report, prepared after receiving written and oral input from stakeholders, recommends that sound recordings made before February 15, 1972 be brought into the federal copyright regime. On April 13, 2011, the Association of Research Libraries (ARL) and the American Library Association (ALA) submitted reply comments to the U.S. Copyright Office stating that federalization of protection for pre-1972 sound recordings would create significant challenges for libraries, at http://www.copyright.gov/docs/sound. SOPA, PIPA, and OPEN Stop Online Piracy Act. The Stop Online Piracy Act (H.R. 3261) (SOPA) was introduced on October 26, 2011 “to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property.” Its twin bill in the Senate was the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (Protect IP Act) (S. 968) (PIPA), introduced on May 12, 2011 “to prevent online threats to economic creativity and theft of intellectual property.” This legislation would curtail copyright violations on the Internet by blocking access to and cutting revenue sources for foreign websites primarily dedicated to infringing or counterfeit goods, referred to as “rogue websites.” There was enormous opposition to these bills from technology industry, public interest groups, the library and educational community, and the public.
    [Show full text]
  • U.S. Copyright Office: the Register's Perspective on Copyright Review
    Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Chairman Goodlatte, Ranking Member Conyers, and Members of the Judiciary Committee: It is a great honor to appear before you again to discuss issues of copyright law and copyright administration. My staff and I wish to thank you for the attention this Committee has invested in reviewing the Copyright Act and related provisions of Title 17 during the past two years. During this time, you convened twenty hearings and traversed the formidable span of Title 17. This represents the most comprehensive focus on copyright issues in over four decades. I. BACKGROUND AND THEMES Although copyright law has grown more legally complex and economically important in recent years, Congress is uniquely positioned to sort through the many competing equities that comprise the public interest in this modern era.1 Questions include: how best to secure for authors the exclusive rights to their creative works; how to ensure a robust copyright marketplace; how to craft essential exceptions, safe harbors, and limitations; and how to provide appropriate direction, oversight, and regulation. This balancing act is not 1The United States Congress is not alone in this undertaking.
    [Show full text]
  • The Next Great Copyright Act
    THE NEXT GREAT COPYRIGHT ACT Twenty-Sixth Horace S. Manges Lecture by Maria A. Pallante1 I. INTRODUCTION Tonight my topic is the next great copyright act, but before I speak about the future, I would like to talk a little about the past, including the role of the Copyright Office in past revision activities. In my remarks, I will address the need for comprehensive review and revision of U.S. copyright law, identify the most significant issues, and suggest a framework by which Congress should weigh the public interest, which includes the interests of authors. I also will address the necessary evolution of the Copyright Office itself. Those of you who have been to our offices in Washington know that we have a conference room featuring portraits of the former Registers of Copyright dating back to 1897.2 When guests are seated at our table, the former Registers preside on high, wearing a variety of expressions and overseeing complex conversations about copyright law in the digital age. Sometimes I think they would be startled by the discussions we have, but then again it might all sound familiar. Solberg (1887-1933) Thorvald Solberg was the first and longest-serving Register of Copyrights. He seems inspired in his portrait, and for good reason. Solberg was a visionary leader, a champion of authors’ rights, and an early advocate for the United States’ adherence to the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”).3 Under his care, the Copyright Office grew from a handful of employees to more than a hundred professional staff, and took on the many assorted roles that are still critical to the mission of the Office today.
    [Show full text]
  • Section 108: Draft Revision of the Library and Archives Exceptions in U.S
    This document is scheduled to be published in the Federal Register on 06/07/2016 and available online at http://federalregister.gov/a/2016-13426, and on FDsys.gov LIBRARY OF CONGRESS U.S. Copyright Office [Docket No. 2016-4] Section 108: Draft Revision of the Library and Archives Exceptions in U.S. Copyright Law AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Notice of inquiry. SUMMARY: The United States Copyright Office is inviting interested parties to discuss potential revisions relating to the library and archives exceptions in the Copyright Act, 17 U.S.C. 108, in furtherance of the Copyright Office’s policy work in this area over the past ten years and as part of the current copyright review process in Congress. The Copyright Office has led and participated in major discussions on potential changes to section 108 since 2005, with the goal of updating the provisions to better reflect the facts, practices, and principles of the digital age and to provide greater clarity for libraries, archives, and museums. To finalize its legislative recommendation, the Copyright Office seeks further input from the public on several remaining issues, including, especially, provisions concerning copies for users, security measures, public access, and third-party outsourcing. The Copyright Office therefore invites interested parties to schedule meetings in Washington, DC to take place during late June through July 2016, using the meeting request form referenced below. DATES: Written meeting requests must be received no later than 11:59 p.m. Eastern Time on [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
    [Show full text]
  • Rights in the PREMIS Data Model
    Rights in the PREMIS Data Model A Report for the Library of Congress by Karen Coyle December 2006 Rights in the PREMIS Data Model By Karen Coyle December 2006 Preface …………………………………………………………………………………………………………………3 Executive Summary ……………………………………………………………………………………………….4 I. Rights for Digital Preservation .................................................................................5 Introduction................................................................................................................ 5 The Right to Preserve .................................................................................................. 5 Rights Metadata Today ................................................................................................ 6 The PREMIS Rights Entity ............................................................................................ 9 References.................................................................................................................10 II. Digital Preservation Strategies and Rights Implications ..........................................11 Introduction...............................................................................................................11 Digital preservation actions .........................................................................................12 Rights In the Law .......................................................................................................15 Exceptions to Legal Rights ..........................................................................................18
    [Show full text]
  • Collective Management of Copyright: Solution Or Sacrifice?
    WASOFF Final 12/5/2011 8:42 PM Symposium: Collective Management of Copyright: Solution or Sacrifice? If Mass Digitization Is the Problem, Is Legislation the Solution? Some Practical Considerations Related to Copyright Lois F. Wasoff* INTRODUCTION Copyright law is intended to be “technology neutral.” Despite that, technological development is clearly putting pressure on certain aspects of copyright. Readily available technological tools make digital copying and distribution simple and seamless. This can make the legal “obstacles” to the full use of those tools resulting from the need to comply with copyright seem inconvenient and archaic. In particular, the issues arising in connection with mass digitization projects, where compliance can require identifying and locating large numbers of copyright owners and seeking appropriate permissions, are complicated. We hear often about the potential benefits that could be derived from mass digitization projects; we hear less often about some of the risks they may create. But the widespread interest in facilitating such projects, at least for certain purposes, is clear. Collective licensing schemes may be one way to accomplish that; targeted exceptions to copyright may be another. Either may require making changes to current copyright law. Many discussions about issues related to current copyright law are taking place. There are discussions about extensive, overall “reform” and about less “global” approaches as well. Significant work has been done with respect to several aspects of the present law that are relevant to mass digitization initiatives. The orphan works study, report and legislative recommendations of the Copyright Office * Lois Wasoff is an attorney in private practice with more than thirty years experience in communications, publishing, media, technology and entertainment law.
    [Show full text]
  • Section 108 Study Group
    February 10, 2006 SECTION 108 STUDY GROUP INFORMATION FOR THE MARCH 2006 PUBLIC ROUNDTABLES AND REQUEST FOR WRITTEN COMMENTS INTRODUCTION: This document provides background information and detailed discussion on the issues set forth in the February 15, 2006 Federal Register notice titled “Notice of public roundtables with request for comments,” issued by the Copyright Office and the Office of Strategic Initiatives of the Library of Congress. Parties wishing to participate in the March public roundtables and/or submit comments should read this background document thoroughly. Please note that this document is intended to supplement the Federal Register notice. For convenience, it also includes all logistical and procedural information from the Federal Register notice. SUMMARY: The Section 108 Study Group of the Library of Congress seeks comment on certain issues relating to the exceptions and limitations applicable to libraries and archives under section 108 of the Copyright Act, and announces public roundtable discussions. The Federal Register notice (1) requests written comments from all interested parties on the specific issues identified in the notice, and (2) announces public roundtable discussions regarding certain of those issues, as described in the notice. The issues covered in the notice relate primarily to eligibility for the section 108 exceptions and copies made for purposes of preservation and replacement. DATES: Roundtable Discussions: The first public roundtable will be held in Los Angeles, California on Wednesday, March 8, 2006, from 8:30 a.m. to 4:00 p.m. P.S.T. An additional roundtable will be held in Washington, D.C. on Thursday, March 16, 2006 from 9:00 a.m.
    [Show full text]
  • Copyright-Law-Cannot-Copyright
    Mitchell Hamline Law Review Volume 47 Issue 3 Article 4 2021 Copyright Law Cannot Copyright Law—Georgia v. Public.Resource.Org Inc., 140 S.CT. 1498 (2020) Andy Taylor Follow this and additional works at: https://open.mitchellhamline.edu/mhlr Part of the Intellectual Property Law Commons Recommended Citation Taylor, Andy (2021) "Copyright Law Cannot Copyright Law—Georgia v. Public.Resource.Org Inc., 140 S.CT. 1498 (2020)," Mitchell Hamline Law Review: Vol. 47 : Iss. 3 , Article 4. Available at: https://open.mitchellhamline.edu/mhlr/vol47/iss3/4 This Note is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Mitchell Hamline Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Taylor: Copyright Law Cannot Copyright Law—Georgia v. Public.Resource.Org COPYRIGHT LAW CANNOT COPYRIGHT LAWGEORGIA V. PUBLIC.RESOURCE.ORG, INC., 140 S. CT. 1498 (2020) Andy Taylor ǂ I. INTRODUCTION ............................................................................... 977 II. THE PUBLIC.RESOURCE.ORG DECISION ...................................... 978 A. Facts and Procedural History ................................................ 978 B. U.S. Supreme Court’s Decision ............................................ 982 C. Understanding the Stakeholders’ Interests ........................... 985 1. What is Public.Resource.Org? ............................................
    [Show full text]
  • THE SECTION 108 STUDY GROUP Laura N. Gasaway * Libraries
    GASAWAY.FINAL.JERRY.4-18-07.DOC 12/17/2007 11:09:57 AM AMENDING THE COPYRIGHT ACT FOR LIBRARIES AND SOCIETY: THE SECTION 108 STUDY GROUP Laura N. Gasaway * Libraries house copyrighted books and journals in their collections, provide intellectual access to them through catalogs and indexes, and make them available to users. Many researchers and readers are able to use library copies of the works over time, so access to the work is shared. Most libraries exist for this very purpose. Archival collections perform a similar function in that they collect papers—both unpublished and published works, organize them and make them available—often to the general public, again for shared access. These organizations, along with museums, serve public missions and each is recognized as a public good. The Copyright Act of 1976,1 for the first time in the history of copyright, specifically recognized the unique and important role that libraries and archives play in our society. For the purposes of this paper, the word “libraries” also refers to archives as well unless they are specifically differentiated in the particular section. The digital environment has permanently altered both the library landscape and the society they serve. Not only do libraries continue to acquire works in print but they also acquire access to materials through license agreements to provide electronic access to works, some of which are born digital. Libraries may even acquire the same work in multiple formats including both print and digital. In their role as preservers of works of literature, other written materials and media, libraries use digital technology to preserve works and make them available to users.
    [Show full text]
  • The Librarian's Copyright Companion / by James S
    William & Mary Law School William & Mary Law School Scholarship Repository Library Staff Publications The Wolf Law Library 2012 The Librarian’s Copyright Companion James S. Heller Paul Hellyer [email protected] Benjamin J. Keele Follow this and additional works at: https://scholarship.law.wm.edu/libpubs Part of the Intellectual Property Law Commons, and the Law Librarianship Commons Repository Citation Heller, James S.; Hellyer, Paul; and Keele, Benjamin J., "The Librarian’s Copyright Companion" (2012). Library Staff Publications. 147. https://scholarship.law.wm.edu/libpubs/147 Copyright c 2012 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/libpubs The Librarian’s Copyright Companion SECOND EDITION The Librarian’s Copyright Companion SECOND EDITION by James S. Heller Paul Hellyer Benjamin J. Keele William S. Hein & Co., Inc. Buffalo, New York 2012 Publisher’s Cataloging in Publication Heller, James S. The librarian's copyright companion / by James S. Heller, Paul Hellyer, Benjamin J. Keele. — 2nd ed. — Buffalo, NY : William S. Hein, 2012. p. ; cm. ISBN: 978-0-8377-3872-7 (print) Revision of the 2004 edition by James S. Heller. Includes bibliographical references and index. Summary: The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g.
    [Show full text]
  • Copyright Office 2013 Annual Report
    u.s. copyright office fiscal 2013 annual report 2 12 15 Message from the Register Registration and Recordation Information and Education 4 14 16 Highlights Statutory Licensing Appendices 1 message from the register “We owe it to the next generation of creators and innovators and the public to plan for the future.” —register of copyrights, world creators summit, june 2013 Maria A. Pallante iscal 2013 was a year of great excitement and promise 1950s and 1960s and enacted in 1976. Its Internet overlay, in Priorities and Special Projects of the United States for both the copyright law and the Copyright the Digital Millennium Copyright Act, was enacted in Copyright Office, 2011–2013. Another project team solicited Office.F Review and examination of the current law was 1998, long before cloud storage, personal tablets, and comments and met with stakeholders to inform an no longer just a topic of discussion within copyright smartphone applications. Shortly thereafter, Rep. Bob upgrade of the Office’s information technology platforms, circles but the product of a full-fledged legislative Goodlatte, chairman of the House Judiciary Committee, including with respect to copyright registration process within the United States Congress. As Congress announced the committee’s intention to assess the law. processes. This public dialogue was essential and considered its vision of a 21st-century copyright law, it The chairman invited me to testify before the committee, illuminating. Among other issues, it focused on possible became clear that the needs and goals of a 21st-century and during the course of fiscal 2013, held four additional strategies to update document recordation—still a paper- Copyright Office are an essential part of the discussion.
    [Show full text]
  • Support of Respondents
    No. 18-877 ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- FREDERICK L. ALLEN, et al., Petitioners, v. ROY A. COOPER, III, as Governor of North Carolina, et al., Respondents. --------------------------------- --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Fourth Circuit --------------------------------- --------------------------------- BRIEF OF AMICI CURIAE AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, SOCIETY OF AMERICAN ARCHIVISTS, AND SOFTWARE PRESERVATION NETWORK IN SUPPORT OF RESPONDENTS --------------------------------- --------------------------------- JONATHAN BAND Counsel of Record JONATHAN BAND PLLC 21 Dupont Circle NW, Suite 800 Washington, D.C. 20036 (202) 296-5675 [email protected] September 27, 2019 ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page INTEREST OF AMICI CURIAE ............................ 1 SUMMARY OF ARGUMENT ................................ 3 ARGUMENT ........................................................... 6 I. State-Run Libraries and Archives Have Not Abused State Sovereign Immunity ............. 6 II. Copyright Holders Have Sufficient Means of Enforcing
    [Show full text]