NEWS CENTER

NINCH ANNOUNCEMENT

September 5, 1997

(revised December 19, 1997)

SENATOR JOHN ASHCROFT INTRODUCES BALANCED COPYRIGHT LEGISLATION

Partly responding to the Administration's recent proposed legislation to implement the WIPO Copyright Treaty, Senator John Ashcroft (R-MO) introduced a comprehensive copyright bill this Wednesday, Sept. 3: the DIGITAL COPYRIGHT CLARIFICATION & TECHNOLOGY ACT OF 1997 (S. 1146).

New Bill Responds to Unbalanced Administration Bill

The proposed WIPO implementing legislation introduced this July (H.R. 2281 and S. 1121) has been criticized by the Digital Future Coalition and members of the cultural community on two counts.

First, that it goes too far both in protecting online material through technological means (banning all devices that could be used to circumvent technological measures designed to restrict access or prevent unauthorized reproduction of copyrighted works--Section 1201) and in asserting the liability of individuals who, with no intention of infringing copyright, incidentally alter copyright management information used to identify copyrighted works, even for legal purposes--Section 1202).

Secondly, H.R. 2281/S. 1121 fails to mention any of the principal concerns of the library, educational and cultural community. The issues of fair use, first sale, library preservation and distance education, all critical to the users of copyright material, are not addressed in the Administration's bill.

More detailed commentary on Sections 1201 and 1202 of S. 1121/H.R. 2281 may be found on the web site of the Digital Future Coalition.

Ashcroft Bill Takes a More Comprehensive Approach

Answering the limited and unbalanced approach of these bills, Senator Ashcroft's bill offers a comprehensive approach that aims to transfer the current balance between the owners and users of copyright material seen in current copyright law into the digital environment. In his remarks to the Senate this week, Senator Ashcroft articulated the chief goals of his legislation:

First, the legislation would clarify the extent of liability for entities who transfer information via the Internet without control of the content.
Second, the bill would provide for a rapid response to copyright infringement with the cooperation of the copyright owner and the on-line service to take down the infringing material, helping to curtail piracy.
Third, the Act will provide for the use of digital technology in education, research, and library archives, including updating the fair use doctrine for electronic media.
Fourth, the legislation provides a standard for liability based on individual conduct, not a standard that constrains the development of new technology."

REASONS TO SUPPORT THE ASHCROFT BILL

In its announcement yesterday, the American Library Association highlighted amendments to the current Copyright Act that the Ashcroft Bill would make. These include:

libraries and non-profit educational institutions should not be liable for copyright infringement based solely on the basis of their users' activities and that any changes to the law of liability in this area must recognize the unique nature and mission of libraries and schools;
the Fair Use Doctrine (Section 107 of the Copyright Act) applies in the digital environment;
libraries and archives may use digital technology to preserve endangered materials and may make three preservation copies (provided that only one is available for use at a given time);
educators engaged in distance or asynchronous learning may use computer networks to remotely distribute a broader range of materials directly related to a defined curriculum to students enrolled in their classes;
electronic copies of material incidentally or temporarily made in the process of using a computer network may not serve as the sole basis for copyright infringement liability; and
individuals who deliberately use a computer network to violate copyright should be subject to substantial civil (but not criminal) liability, and that punishing infringing conduct is a better way to deter illegal activity than banning the manufacture of valuable devices with multiple purposes, such as personal computers or the next generation of video recorders. (Librarians and educators must have access to such devices to actually take advantage of fair use or other privileges afforded them under the Copyright Act.)"

Readers of this list are encouraged to explore the text of the bill and also to promptly express your opinion on this comprehensive approach to copyright legislation. We would encourage you to:

1. E-mail or fax your opinion to Sen. John Ashcroft at john_ashcroft@ashcroft.senate.gov or 202/228-6154, especially if you're a Missourian;

2. E-mail or fax a message to your Senators and Representatives. Urge them to support the "Digital Copyright Clarification and Technology Act" (S. 1146).