The Section 108 Study Group

The Section 108 Study Group is a select committee of copyright experts, convened by the Library of Congress, and charged with updating for the digital world the Copyright Act balance between the rights of creators and copyright owners and the needs of libraries and archives.

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Wed, 08 Mar 2006 12:25:44 GMT
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  • List of Registered Participants in Los Angeles and Washington, DC Public Roundtables (PDF)
    Section 108 Study Group

    Registered Roundtable Participants:
    - Los Angeles, March 8, 2006
    - Washington, DC, March 16, 2006
    Wed, 08 Mar 2006 12:25:42 GMT

  • February 10, 2006 - Detailed Information and Background Paper for the March 2006 Public Roundtables and Request for Written Comments (PDF)
    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.
    Fri, 03 Mar 2006 11:55:42 GMT

  • February 15, 2006 Federal Register Notice of Public Roundtables with Request for Comments
    February 15, 2006 - Federal Register Notice of Public Roundtables with Request for Comments (PDF format)
    Fri, 24 Feb 2006 20:29:38 GMT

  • Information for the March 2006 Public Roundtables and Request for Written Comments
    February 10, 2006 - Information for the March 2006 Public Roundtables and Request for Written Comments (MS Word document)
    Fri, 24 Feb 2006 20:28:49 GMT

  • Study Group to Host Public Roundtables in March 2006 on Copyright Exceptions for Libraries and Archives
    News from The Library of Congress
    Public Affairs Office
    101 Independence Avenue SE
    Washington, DC
    20540-1610
    tel (202) 707-2905
    fax (202) 707-9199
    e-mail pao@loc.gov
    January 17, 2006
    Contact: Guy Lamolinara (202) 707-9217; glam@loc.gov

    Study Group to Host Public Roundtables in March 2006 on Copyright Exceptions for Libraries and Archives

    A committee appointed by the Library of Congress will hold two public roundtables in March 2006—in Los Angeles and in Washington, D.C.— to gather insights and opinions on how to revise copyright exceptions for libraries and archives (Section 108 of the Copyright Act).

    The committee consists of independent experts from the commercial and not-for profit sectors. The roundtables, which are free and open to the public, will be held Wednesday, March 8, in Los Angeles and on Thursday, March 16, in Washington, D.C.

    The committee, known as the Section 108 Study Group, convened in April 2005 under the sponsorship of the Library of Congress and the U.S. Copyright Office to re-examine the exceptions and limitations applicable to libraries and archives under the Copyright Act, specifically in light of the changes produced by the widespread use of digital technologies since the last significant study in 1988.

    The group is studying how Section 108 of the Copyright Act (titled “Limitations on exclusive rights: Reproduction by libraries and archives”) may need to be amended to address the relevant issues and concerns of libraries and archives, as well as creators and other copyright holders. As part of this process, the Study Group is reaching out to the library, archives, rights-holder and creative communities for input on recommendations for possible revisions to the current library and archives exceptions. The March roundtables will be the first opportunity for these communities to share their views with the Study Group face-to-face.

    Information on how to participate in the roundtables will be published in the Federal Register in February 2006 and made available on the Section 108 Study Group Web site: www.loc.gov/section108. In lieu of participating in the roundtables, comments may be submitted to the Study Group directly via the Web site.

    The March roundtables will address four general issues: (1) eligibility for the Section 108 exceptions, (2) exceptions for copies made for preservation and replacement purposes, (3) access to digital copies outside the premises of libraries and archives, and (4) separate treatment for unpublished materials. A more detailed description of the issues to be discussed will be made available on the study group Web site shortly. Other general topics pertaining to Section 108 exceptions—such as making copies upon patron request, interlibrary loan, eReserves and licensing—may be the subject of future public roundtables.

    Section 108 of the Copyright Act permits libraries and archives to make certain uses of copyrighted materials in order to serve the public and ensure the availability of works over time. Among other things, Section 108 provides limited exceptions for libraries and archives to make copies in specified instances for preservation, replacement and patron use. It has been observed that the current provisions were drafted with analog materials in mind, and do not adequately address many of the issues unique to digital media, either from the perspective of rights-holders or libraries and archives. Digital technologies are radically transforming how copyrighted works are created and disseminated and also how libraries and archives preserve and make those works available. Cultural heritage institutions, in carrying forward their missions, have begun to acquire and incorporate large quantities of “born digital” works (those created in digital form) into their holdings to ensure the continuing availability of those works to future generations.

    The National Digital Information Infrastructure and Preservation Program (NDIIPP), www.digitalpreservation.gov, and the U.S. Copyright Office, www.copyright.gov, both part of the Library of Congress, are sponsoring the Section 108 Working Group. The Study Group comprises copyright experts from various fields, including law, publishing, film, music, software and photography, as well as libraries and archives. It has been charged with providing findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives in a manner that best serves the national interest. The findings and recommendations will be submitted by late 2006 to the Librarian of Congress.

    # # #

    PR 06-017
    01/17/06
    ISSN 0731-3527


    Fri, 24 Feb 2006 20:27:43 GMT

  • Library Launches Web Site on Independent Copyright Committee
    News from The Library of Congress
    Public Affairs Office
    101 Independence Avenue SE
    Washington, DC
    20540-1610
    tel (202) 707-2905
    fax (202) 707-9199
    e-mail pao@loc.gov
    August 17, 2005
    Contact: Guy Lamolinara (202) 707-9217

    Library Launches Web Site on Independent Copyright Committee

    The Library of Congress has launched a new public Web site to cover the groundbreaking work of a special independent committee. By 2006, this committee will recommend changes to copyright law that recognize the need for exceptions to the law for libraries and archives in the digital age.

    The site, at www.loc.gov/section108, offers the group’s mission statement, its schedule of meetings and links to relevant sections of the Copyright Act. The site also offers links to background papers pertinent to libraries and archives and the rights issues they encounter when working with digital materials.

    Members of the independent committee include representatives from the private and public sector. The group is co-chaired by Laura Gasaway, director of the law library and professor of law at the University of North Carolina, and Richard Rudick, former vice president and general counsel of John Wiley and Sons. The 17 other members are from various interests and bring a broad range of perspectives to the group. The group was limited to 19 members to ensure efficiency and to meet the mid-2006 deadline for making recommendations. Public meetings are being planned, and the dates and locations will be posted once finalized.

    The National Digital Information Infrastructure and Preservation Program (NDIIPP) and the U.S. Copyright Office, both part of the Library of Congress, are sponsoring the Section 108 Working Group, whose mission is to study how section 108 of the Copyright Act may need to be amended to address the relevant issues and concerns of libraries and archives, as well as of creators and other copyright holders, when dealing with digital media. The group will provide findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives in a manner that best serves the national interest. The findings and recommendations will be submitted by mid-2006 to the Librarian of Congress.

    Digital technologies are radically transforming how copyrighted works are created and disseminated, and also how libraries and archives preserve and make those works available. Cultural heritage institutions, in carrying forward their missions, have begun to acquire and incorporate large quantities of “born digital” works (those created in digital form) into their holdings to ensure the continuing availability of those works to future generations. Yet it has been observed that section 108 of the Copyright Act – which provides limited exceptions for libraries and archives – does not adequately address many of the issues unique to digital media, either from the perspective of rights owners or libraries and archives.

    The Library, by sponsoring this independent group, is looking forward to obtaining a greater understanding of the issues through the collective expertise of the group and to receiving its balanced, solid recommendations for revisions to section 108.

    Because NDIIPP is a national program, led by the Library, that focuses on the collection and preservation of important at-risk digital materials, the recommendations will be helpful to NDIIPP and other digital-preservation initiatives as they fulfill their missions. The Library is leading NDIIPP (www.digitalpreservation.gov) at the request of the U.S. Congress, which passed legislation in 2000 establishing the program. A key NDIIPP goal is to form a nationwide network of partners to collect and preserve digital information that will be important to scholars, researchers and lifelong learners now and in the future.

    # # #

    PR 05-179
    08/17/05
    ISSN 0731-3527


    Fri, 24 Feb 2006 20:26:23 GMT

  • Section 108 Study Group Convenes to Discuss Exceptions to Copyright Law for Libraries and Archives
    News and Press Releases
    Contact: Guy Lamolinara (202) 707-9217, glam@loc.gov
    May 13, 2005

    Section 108 Study Group Convenes to Discuss Exceptions to Copyright Law for Libraries and Archives

    Newly Formed Group to Make Recommendations by Mid-2006

    The Section 108 Study Group held its inaugural meeting at the Library of Congress on April 14-15. The goal of the group, named after the section of the U.S. Copyright Act that provides limited exceptions for libraries and archives, is to prepare findings and make recommendations to the Librarian of Congress by mid-2006 for possible alterations to the law that reflect current technologies. The U.S. Copyright Office will then hold public hearings before submitting recommendations to the U.S. Congress. This effort will seek to strike the appropriate balance between copyright holders and libraries and archives in a manner that best serves the public interest.

    Digital technologies are radically transforming how copyrighted works are created and disseminated, and also how libraries and archives preserve and make those works available. Cultural heritage institutions, in carrying forward their missions, have begun to acquire and incorporate large quantities of "born digital" works (those created in digital form) into their holdings to ensure the continuing availability of those works to future generations. Yet it has been observed that Section 108 of the Copyright Act - which provides limited exemptions for libraries and archives - does not adequately address many of the issues unique to digital media, either from the perspective of rights owners or libraries and archives.

    During the initial meeting, the Study Group members drafted a mission statement (see below) and discussed which issues to address and how to organize their work. The group plans on convening for 1½ days every other month; the next meeting will be held June 9 in New York City.

    Laura E. Campbell, associate librarian for Strategic Initiatives, thanked the Study Group members for volunteering their time and expertise. Campbell, who is also chief information officer for the Library of Congress, is leading a national initiative to collect and preserve important digital materials that are at risk of being lost. The project, formally called the National Digital Information Infrastructure and Preservation Program (NDIIPP), is forming a national network of partners dedicated to preserving digital materials. "The success of the Section 108 Study Group is critical to the success of our digital preservation effort," said Campbell.

    Marybeth Peters, Register of Copyrights, also expressed gratitude to the members for their willingness to undertake work that will have an enormous impact on the future of scholarship.

    The Section 108 Study Group is co-chaired by Lolly Gasaway, director of the law library and professor of law at the University of North Carolina, and Richard Rudick, former vice president and general counsel of John Wiley and Sons. The 17 other members (see below) are from various interests and sectors and bring a broad range of perspectives to the group. The Study Group was limited to 19 members to ensure efficiency and to meet the mid-2006 deadline for making recommendations. The Study Group plans on holding sessions outside of its regular meetings for the public and press, and a Web site will be launched shortly to provide information on the work of this group to the public.

    The Library of Congress' National Digital Information Infrastructure and Preservation Program is sponsoring the Section 108 Study Group in cooperation with the U.S. Copyright Office. The Library of Congress, with the Copyright Office, is looking forward to obtaining a greater understanding of the issues through the group and to receiving its balanced, solid recommendations for revisions to Section 108. Although the issues are many and complex, the Library has requested that the group deliver findings and recommendations by mid-2006. The Library is grateful for the enormous time commitment being made by each of the members to achieve this goal and recognizes the very valuable service the members are providing.
    Section 108 Study Group Mission Statement

    The purpose of the Section 108 Study Group is to conduct a reexamination of the exceptions and limitations applicable to libraries and archives under the Copyright Act, specifically in light of the changes wrought by digital media. The group will study how Section 108 of the Copyright Act may need to be amended to address the relevant issues and concerns of libraries and archives, as well as creators and other copyright holders. The group will provide findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives in a manner that best serves the national interest. The findings and recommendations will be submitted by mid-2006 to the Librarian of Congress.
    Section 108 Study Group Members

    * Lolly Gasaway, Director, Law Library and Professor of Law, University of North Carolina, co-chair
    * Richard Rudick, former Vice President and General Counsel, John Wiley and Sons, co-chair
    * June Besek, Executive Director and Director of Studies, Kernochan Center for Law, Media and the Arts, Columbia Law School
    * Robin Bierstedt, Vice President and Deputy General Counsel, Time Inc.
    * Troy Dow, Vice President of Government Relations, The Walt Disney Company
    * Jesse Feder, Director for International Trade and Intellectual Property, Business Software Alliance
    * Peter Givler, Executive Director, Association of American University Presses
    * Peter Hirtle, Intellectual Property Officer, Cornell University Library
    * Nancy Kopans, General Counsel and Secretary, JSTOR
    * Eve-Marie LaCroix, Chief, Public Services Division, National Library of Medicine
    * James Neal, Vice President for Information Services and University Librarian, Columbia University
    * Miriam Nisbet, Legislative Counsel, American Library Association
    * Bob Oakley, Professor of Law and Director, Law Library, Georgetown University Law Center
    * John Schline, Senior Vice President of Corporate Business Affairs, Penguin Group (USA)
    * Lois Wasoff, Attorney at Law; former Vice President and Corporate Counsel, Houghton Mifflin Company
    * Donald Waters, Program Officer for Scholarly Communication, The Andrew W. Mellon Foundation
    * Paul West, Senior Vice President of National Studio Operations, Universal Mastering Studios
    * Maureen Whalen, Associate General Counsel, J. Paul Getty Trust
    * Nancy Wolff, Partner, Wolff & Godin LLP

    Assisting the Study Group from the Library of Congress are:

    * Mary Rasenberger, Policy Advisor for Special Programs in the Office of Policy and International Affairs of the U.S. Copyright Office and the Office of Strategic Initiatives
    * Chris Weston, Attorney-Advisor, U.S. Copyright Office and Office of Strategic Initiatives
    * Jenel Farrell, Special Assistant, Office of Strategic Initiatives

    # # #

    PR 05-121
    05/13/05
    ISSN 0731-3527


    Fri, 24 Feb 2006 20:24:47 GMT

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