NAFTA Negotiations: Authors Alliance Joins Public Interest Groups in Support of Transparency and Balanced Copyright Policy | Authors Alliance

“Today, Authors Alliance joins with other public interest advocates such as Creative Commons, SPARC, Internet Archive, OpenMedia, and Public Knowledge to sign on to a statement in support of transparency and balanced copyright policy in the renegotiation of the North American Free Trade Agreement (NAFTA). The statement was sent to the trade ministries of Mexico, the U.S. and Canada, urging all three countries to make trade negotiation processes more transparent, inclusive, and accountable.

Closed-door trade agreements are not the right forum to create intellectual property policy, particularly when negotiations lack transparency. It is critically important that drafts of international agreements that address intellectual property issues be publicly available for comment so that authors and other stakeholders can weigh in on the proposed rules that will bind all member states. Moreover, such agreements are not flexible enough to account for rapid changes in technology.”

Internet Archive files amicus brief in support of fair use and innovation in libraries | Internet Archive Blogs

“Today marks the beginning of Fair Use Week, which celebrates the importance of fair use for libraries, students, teachers, journalists, creators, and the public. Last week, the Internet Archive joined the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries on a friend of the court brief in the Capitol Records v. Redigi case. This case raises the important question about whether it is legal to resell lawful copies of digital music files—that is, whether the first sale right exists in digital form, and how that right interacts with fair use. The first sale right, codified at Section 109(a) of the Copyright Act, is the same law that allows libraries to lend books and other copyrighted works to the public. As library collections become increasingly digital, libraries are relying on on fair use and first sale rights in order to perform their everyday duties, including preservation and lending.

The brief argues first that the court’s fair use analysis should favor secondary uses that have the same underlying purpose as the first sale right. ‘In Authors Guild v. HathiTrust… [the Second Circuit Court] used the rationale for a specific exception—17 U.S.C. § 121, which permits the making of accessible format copies for the print disabled—to support a finding of a valid purpose under the first factor. Likewise, the Copyright Office has repeatedly based fair use conclusions on specific exceptions in the context of a rulemaking under section 1201 of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. As this Court did in HathiTrust or the Copyright Office did in the section 1201 rulemaking, the district court should have recognized that the purpose behind the first sale doctrine tilted the first fair use factor in favor of ReDigi.’

Second, the brief argues that a positive fair use determination in the Redigi case would enable libraries to provide new and innovative digital services to their users. The brief states: ‘Fair use findings in technology cases have encouraged libraries to provide new, digitally-based services such as the HathiTrust Digital Library. In addition to enabling researchers to find relevant texts and perform critical data-mining, HathiTrust provides full-text access to over fourteen million volumes to people who have print disabilities. A fair use finding in this case would provide libraries with additional legal certainty to roll out innovative services such as the Internet Archive’s Open Library. Such a result would increase users’ access to important content without diminishing authors’ incentive to create new works.’

You can read the full text of the brief here.”

Medical Heritage Library – online access to seven centuries of medical history

“The Medical Heritage Library (MHL), a digital curation collaborative among some of the world’s leading medical libraries, promotes free and open access to quality historical resources in medicine. Our goal is to provide the means by which readers and scholars across a multitude of disciplines can examine the interrelated nature of medicine and society, both to inform contemporary medicine and strengthen understanding of the world in which we live. The MHL’s growing collection of digitized medical rare books, pamphlets, journals, and films number in the tens of thousands, with representative works from each of the past six centuries, all of which are available here through the Internet Archive….”