Librarian activism on the copyright front

For the past few years librarians have been extremely active in the copyright arena. Their activities have included trying to influence legislation, filing friend of the court briefs in pending cases and representing the users of library services in copyright debates. Librarians and library organizations have spent countless hours working on behalf of library users everywhere.

Many copyright experts believe the balance that once existed in the copyright law has been skewed considerably toward copyright holders. The 1976 Copyright Act was a balanced statute that guaranteed the rights of copyright holders while recognizing the privilege of library users. Although some writers feared at the time the balance was tilting toward the copyright owner, most agreed the balance of interests reflected in the Act was appropriate. During the 25 years since the Act became effective, the statute has been amended many times. In the view of many librarians and library associations, some of these amendments have destroyed the previous balance found in the Act and negatively impacted the rights of library users.

The amendments that cause the concern-online service provider liability, anti-circumvention, fair use of digital works and term extension-have been discussed in earlier columns. Public statements by members of the publisher and producer communities alerted librarians to the problems they would inevitably face over the next decade. Statements made expressed how publishers wanted to eliminate the interlibrary loan. They desired moving to a pay-per-use system and increased publisher reliance on restrictive licensing agreements.

In response, individual librarians have drafted testimony, appeared before Congressional committees and educated themselves about copyright. Many have also worked to educate their users about copyright and the increasing problems it is causing for users of digital works. Library associations have worked together as never before to present Congressional testimony, appearing before the Copyright Office at various hearings. They have also filed amicus (friend of the court) briefs in cases of interest to librarians, sometimes through the Digital Future Coalition (www.dfc.org/).

Even a partial list of these activities by library associations over the past three years is impressive.

Congressional testimony:

- Distance education

- Database legislation

- Online service provider liability

- Term extension

Copyright Office testimony:

- Section 104 hearings-fair use & first sale

- Distance Education

- Anti-circumvention

Amicus briefs filed:

- Eldred v. Ashcroft

- Napster v. A & M Records

- New York Times v. Tasini

- National Geographic Society v. Greenberg

- Universal City Studios v. Remeirdes

- Hyperlaw v. West Publishing

Do library users even know about the efforts made on their behalf, much less appreciate them? Probably not. However, if individuals knew about these efforts, it is likely they would care a great deal. Thus, the task for librarians is to educate users about the threats to their fair use of digital works. A useful new Web site advocates for consumers' fair use rights in the digital age: www.digitalconsumer.org/. This can be followed by a quick list of the rights of users highlighted in the library associations' joint statement, Fair Use in the Electronic Age: Serving the Public Interest (www.arl.org/ info/frn/copy/fairuse.html).

Libraries have been called creatures of the balance between copyright holders and the users of copyrighted works. It is through the first sale doctrine that libraries are able to lend their materials to users. Many works are available to the public or even to specific groups of users only in libraries. The goal of librarians who participate in efforts to restore balance to the copyright law is to ensure that users enjoy the same rights in the digital age as they enjoyed in the analog world. Congress and the courts have been largely unsympathetic to the plight of the users of copyrighted works to date, thus librarian efforts must be redoubled.

It is critical for members of the Special Libraries Association to stay upto-date concerning copyright law and legislative proposals that threaten to restrict even further the fair use of copyrighted works. When the association calls for its members to contact their Congressional representatives, it is important to do so. The lobbies that represent copyright holders are large and well financed. Only in sheer numbers and through perseverance can the library world continue to ensure that materials are available to users on a basis that does not disadvantage the "have-nots" in society. This we do in the service of the public.