Country Report for United States Annual report to the IFLA CLM committee San Juan, Puerto Rico 2011 Copyright Copyright regulations Digital Millennium Copyright Act Section 1201 Rulemaking. On July 26, 2010, the Librarian of Congress broadened the anti-circumvention exemption for creation of film clip compilations for classroom and educational use, in the triennial DMCA rulemaking. Prior to this rulemaking, only faculty who taught media or film studies were eligible for the exemption. The new ruling expands the exemption for educational use to all college and university professors, regardless of academic discipline, and to college and university film and media studies students. It also expands the exemption to include uses for documentary filmmaking and noncommercial videos. This latest round of exemptions was in accordance with requests made by Library Copyright Alliance (LCA) members in 2008 and 2009. The ruling will be in effect for three years. Pending legislative issues Orphan works. There has been no action since the Shawn Bentley Orphan Works Act of 2008 (S. 2913) and the Orphan Works Act of 2008 (H.R. 5889) were introduced in Congress in April 2008. In the wake of the rejection of the Google Book Settlement, there has been renewed interest in legislative solutions to a variety of copyright issues affecting libraries, including orphan works legislation. On March 24, 2011 LCA issued a statement in response to the rejection of the Google Book Settlement, urging copyright reform to address orphan works: “The decision makes clear that copyright law continues to present significant barriers to libraries and other partners interested in engaging in mass digitization initiatives. Such initiatives provide broad, deep, and important public access to cultural and historical resources to users throughout the world. The library community has always supported-and worked long and hard for-constructive and practical orphan works legislation that would benefit all stakeholders.” The statement is available at http://www.arl.org/bm~doc/lca_gbsstmt24mar11.pdf. In addition, on May 16, 2011 LCA issued a statement on copyright reform, addressing the implications of copyright law on the mass digitization of books, the use of orphan works, and revision of Section 108. It is available at http://www.librarycopyrightalliance.org/bm~doc/lca_copyrightreformstatement_16may11.pdf. Revision of Section 108 of the Copyright Law. There was been no action by the U.S. Copyright Office on the findings and recommendations to update Section 108 of the copyright law, which covers exceptions and limitations for libraries and archives, since the submission of the Section 108 Study Group Report in March 2008. However, there is a renewed interest in discussion of Section 108 Study Group recommendations. In a report issued in January 2011, the Library of Congress recommended working with the U.S. Copyright Office and Congress to pursue Section 108 Study Group Report recommendations for updating copyright law for digital preservation. The report also outlined initiatives to create stronger digital preservation projects nationwide, including the establishment of the National Digital Stewardship Alliance that consists of organizations from academia, 1 government and the private sector demonstrating a commitment to digital preservation. Preserving Our Digital Heritage:The National Digital Information Infrastructure and Preservation Program 2010 Report is available at: http://www.digitalpreservation.gov/library/resources/pubs/docs/NDIIPP2010Report_Post.pdf. Legal matters Proposed legislation The Federal Research Public Access Act (H.R.5037) was introduced in the House of Representatives on April 15, 2010. It mirrors its Senate counterpart (S. 1373) that was introduced on June 25, 2009. Both bills would expand the National Institutes of Health (NIH) Public Access Policy, that requires public access to taxpayer-funded research, to an additional 11 federal agencies with research expenditures of over $100 million. Agencies would ensure free online access to manuscripts no later than 6 months after publication in peer-reviewed journals. Last action on the bill was on May 26, 2010. Neither nor H.R. 5037 nor S. 1373 became law. Legislation aimed at expanding public access to federally funded research has not yet been introduced in the 112th Congress. The PROTECT IP Act of 2011. The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (S. 968) was introduced on May 12, 2011 and is intended to crack down on rogue websites dedicated to the sale of infringing or counterfeit goods. The library community’s concern with this legislation is its potential impact on first amendment rights. The American Library Association (ALA) joined other organizations and sent a letter to Senate leadership stating, as currently drafted, “…S. 968 makes nearly every actor on the Internet potentially subject to enforcement orders under the bill, raising new policy questions regarding government interference with online activity and speech.” The letter is available at http://www.districtdispatch.org/wp-content/uploads/2011/05/Public-interest-968-letter.pdf. New legislation COMPETES Reauthorization Act of 2010 (Public Law 111-358). On January 4, 2011 President Obama signed into law the America COMPETES Reauthorization Act of 2010 (Public Law 111-358). The law enacted two open access-related initiatives. The law establishes a working group to coordinate federal science agency research and policies related to the dissemination and long-term stewardship of the results of federally supported unclassified research. The law requires the Office of Science and Technology Policy, in consultation with relevant federal agencies, to develop formal policies for the management and use of federal scientific collections, including policies for the disposal of collections, and to create an online clearinghouse for information on the contents of and access to federal scientific collections. Extension of U.S. Patriot Act. On May 27, 2011 President Obama signed into law a four-year extension of the U.S. Patriot Act, renewing the government's post-September 11 powers to search records and conduct roving wiretaps in pursuit of terrorists. The extension leaves Section 215, known as the “library records provision,” unchanged. This has been a serious concern to the library community. ALA was disappointed in the outcome. Under the provision the FBI can ask a federal court for access to “any tangible thing,” including library records, relevant to a terrorist threat. Enforcement Anti-Counterfeiting Trade Agreement (ACTA). Negotiations continue on ACTA, a proposed plurilateral agreement aimed at creating a stronger framework for global enforcement of intellectual property rights, with a scope covering counterfeit trademarked goods and infringing 2 copyrighted works. Formal negotiations were launched in October 2007 and concluded after 11 rounds in October 2010 in Tokyo, Japan. Negotiating parties included Australia, Canada, Japan, the Republic of Korea, Morocco, New Zealand, Singapore, Switzerland, Mexico, the United States, and the European Union. On March 22, 2010, LCA members joined other nonprofit organizations in two letters expressing concern over leaked comments and proposals related to ACLA negotiations, and asked for a public discussion on the document itself. On April 19, 2010, LCA joined other organizations in voicing concerns over Article 2.2.2 of the proposed ACTA draft, which includes language mandating that ACTA parties allow for the award of statutory damages for copyright infringement as an alternative to actual damages. On April 23, 2010, LCA joined other organizations in a letter expressing concerns regarding the “Consolidated Text for Public Release” issued by the countries negotiating ACTA. A revised text, dated 15 November 2010, is presumed to be the final text. It has been submitted to the participants’ respective domestic authorities for ratification. Annual Report of U.S. IP Enforcement Coordinator. On February 7, 2011, U.S. Intellectual Property Enforcement Coordinator Victoria Espinel issued a 92-page annual report on IP enforcement. Espinel, who received Senate confirmation in December 2009, reported significant progress on the plan to coordinate IP enforcement activities across various U.S. government agencies. This includes actions taken against alleged counterfeit and pirated goods, and an upcoming white paper to Congress concerning recommended changes to IP laws. The report is available at http://www.whitehouse.gov/sites/default/files/omb/IPEC/ipec_annual_report_feb2011.pdf. Two White House IP Advisory Committees Created. In February 2011, President Obama signed an executive order to create two government advisory committees on intellectual property rights enforcement. The committees put IP rights at the highest interagency level possible and aim to promote innovation through the protection of IP rights. U.S. White Paper on IP Enforcement. On March 15, 2011 the White House issued the Administration’s White Paper on Intellectual Property Enforcement Legislative Recommendations, identifying specific recommended legislative changes designed to increase the effectiveness of U.S. enforcement efforts. The paper proposes sweeping revisions to U.S. copyright law, including making illegal streaming of audio or video a federal felony “in appropriate circumstances” and allowing FBI agents to wiretap suspected infringers. The report was prepared by Intellectual