[Fwd: [ALA-WO:873] Librarian of Congress Issues DMCA Rulemaking]

["Olga Francois" <ofrancois@xxxxxxxx>]

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Subject: [ALA-WO:873] Librarian of Congress Issues DMCA Rulemaking
ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 93
October 29, 2003

In This Issue: Librarian of Congress issues triennial rulemaking on
DMCA Section 1201
 
In his October 28, 2003  triennial rulemaking, Librarian of Congress
James Billington  again issued narrow exceptions to the Digital
Millennium Copyright Act (DMCA) prohibition on circumventing
technological locks intended to prevent access to copyrighted digital
works.  Although the exemptions offer slight relief from the
anti-circumvention rule, the Librarian has still not addressed the
excessive restrictions of the DMCA and particularly its impact on
libraries' and educational institutions' ability to make fair use of
digital materials.  Libraries are disappointed that the law will
continue to disallow legitimate and customary uses of digital materials
by libraries and schools.  ALA is supporting several pieces of federal
legislation that would amend the DMCA. (www.ala.org/copyright  Go to
Other  Copyright Related Links and then Fair Use Legislation)
 
The Librarian has recommended two additional exemptions beyond the two
that were issued in 2000.  One of the new exemptions will allow people
with vision or print disability to circumvent technological protection
measures in order to access literary works, including eBooks, via a
'screen reader' or text-to-speech or text-to-Braille device.  Libraries
submitted comments to the U.S. Copyright Office in support of this
exemption from the prohibition, as did the American Foundation for the
Blind.
 
In hearings held earlier this year by the U.S. Copyright Office, one of
the agencies charged with advising the Librarian of Congress on the
rulemaking, the libraries testified that the Librarian should continue
to approve exemptions that permit users of digital literary works,
including databases and computer programs, to circumvent access control
mechanisms when they fail to permit access because of malfunction,
damage, or obsoleteness.  The new rule narrows that exemption to permit
circumvention only in connection with computer programs rather than all
literary works.  Another new exemption allows circumvention in the case
of computer programs and video games in formats that have become
obsolete.
 
The libraries also requested a renewal of an exemption that would allow
access to the lists of websites blocked by filtering software. While
libraries are now required to filter access to the Internet under the
Children's Internet Protection Act (CIPA), they maintain that they must
be able to determine which sites are being blocked so that they can
assist adults who still have a right to access a blocked site.  Under
CIPA, libraries are allowed to disable filters for adult patrons.  The
Librarian has issued a similar exemption in this round of rulemaking. 
 
Section 1201 of the 1998 Digital Millennium Copyright Act  (DMCA) made
it illegal to circumvent a technological protection measure employed to
restrict access to or distribution of copyrighted material.  Libraries,
researchers, technologists and other critics of this section of the law
have insisted that the anti-circumvention provision stifles fair use of
copyrighted information and chills legitimate research crucial to the
advancement of science and technical innovation.  Section 1201(a)(1)
allows certain exemptions to this prohibition and directs the Copyright
Office in consultation with the Assistant Secretary of Commerce to
review the effect of the prohibitions and to recommend any further
modifications to the law.  The Commerce Department had urged the
Copyright Office in August to revise its legal requirements so as not to
continue placing an inappropriate and heightened burden of proof on
proponents of the exemptions from the anti-circumvention rule.  To see
the joint library press release on the rulemaking and for further
information on the DMCA and the Section 1201 provision:
www.ala.org/copyright.  Go to Other Copyright Related Pages and then
go to Regulatory Matters.     
 
The new 1201 rule and commentary are available on the U.S. Copyright
Office web pages at http://www.copyright.gov/1201/.

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