To the extent that a digitization project captures [copyrighted] books, Congress may want to consider whether the purposes and objectives of these projects or possible future projects are sufficiently important to the nation to warrant possible changes to the copyright law.But it does make a definite nod in the direction of projects like the Digital Public Library of America (DPLA):
The next logical step for the Library [of Congress] and other leading U.S. public collecting institutions --- subject to the availability of resources --- is to move from a series of ad hoc projects to a strategic and comprehensive effort that includes prioritizing content, managing licenses with copyright owners, and coordinating navigation and points of access with other important institutions.The DPLA is mentioned in the next sentence, and the report also says: “Congress may want to consider whether the nation’s federal cultural institutions – the Library of Congress, the Smithsonian Institution, and the National Archives – should have a specific role in developing a national framework for mass book digitization projects.” Sections 107 and 108 The report discusses libraries and sections 107 (fair use) and 108 of the Copyright Act, and it does provide a few cautionary notes. The report says that the large scale scanning and dissemination of entire books is “difficult to square with fair use.” Google had claimed that it was fair use to systematically digitize millions of copyrighted library books and offer snippets from those books via its search engine. “At this time, the outcome of a fair use defense for any mass book digitization project is uncertain,” the report reads, while also pointing out that fair use is unique to the U.S., which means that for any mass digitization project that is global in nature “fair use may prove to be of limited utility.” As for Section 108, which permits libraries and archives to make, without obtaining permission, limited reproductions of copyrighted works under specific circumstances, the report says that “The Section 108 exception does not contemplate mass digitization.”
Any review of mass book digitization would need to consider, if not compare, the activities that currently are, or should be, permissible for libraries under Section 108. Any licensing schemes to implement mass digitization should not supplant the activities that have long been or should be covered legitimately by a copyright exception. This said, licensing is likely to be a part of the mass digitization equation for libraries.In 2012 the Office, as part of its priorities, will formulate a discussion document and preliminary recommendations on copyright exceptions for libraries. The report also deals extensively with licensing options and orphan works. For the latter, it refers to the office’s own 2006 study, Report on Orphan Works, which has been the basis for proposed, but not yet passed, legislation. The office continues to maintain that if adopted, the legislation would “greatly improve access to copyrighted works.” But it notes that the proposed legislation “did not squarely address for the possibility of mass digitization projects,” and that Congress may want to do so now.
We are currently offering this content for free. Sign up now to activate your personal profile, where you can save articles for future viewing
Add Comment :-
Comment Policy:
Comment should not be empty !!!
Glendora Casillas
Thanks for giving a detailed review on how a Virtual Assistance relationship works.Posted : Dec 13, 2011 06:46