Copyright Legislative Agenda

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ALA supports efforts to amend the Digital Millennium Copyright Act (DMCA) and to urge the courts to restore the balance in copyright law, ensure fair use and protect and extend the public domain.

"Don't INDUCE" Bill

The proposed alternative to S. 2560 would establish a new subsection of the Copyright Act that would impose liability on any person who actively distributes in commerce a computer program that is specifically designed for use by individuals to engage in the indiscriminate, mass infringing distribution to the public of copyrighted works with the intent to reap financial gain by doing so. The draft bill provides complete exemptions from liability for ISPs, venture capitalists, credit card companies, banks, advertising agencies, IT help desks, and others for providing routine services for their customers and librarians for serving their patrons. The signers of the August 24th letter to the Senate have stated that they do not see a need for new copyright legislation, but have offered an alternative for further discussions.

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"Digital Media Consumers’ Rights Act of 2003" (DMCRA) (H.R. 107)

  • Sponsors: Reps. Boucher (D-VA), Doolittle (R-CA)
  • Introduction: January 7, 2003
  • Proposes 3 key changes to sections of the flawed Digital Millennium Copyright Act (DMCA)
  • The bill reaffirms fair use in the digital environment and is an important first step in recognizing the rights of copyright users
  • Hearing held May 12 by House Energy & Commerce Subcommittee

see also Fair Use Legislation

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"Consumers, Schools and Libraries Digital Rights Management Awareness Act of 2003" (S. 1621)
  • Sponsor: Sen. Sam Brownback (R-KS)
  • Introduction: September 16, 2003
  • Creates voluntary notice and labeling standards for digital media products using digital rights management (DRM) technology
  • Prevents manufacturers from using DRM technologies to restrict consumer resale of digital media products they lawfully own or elect to donate to educational institutions and libraries

see also Digital Rights Management

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"Public Domain Enhancement Act" (H.R. 2601)

  • Sponsor: Reps. Lofgren (D-CA), Doolittle (R-CA)
  • Introduction: June 25, 2003

Provides a simple mechanism to ensure that abandoned copyrighted works pass into the public domain

see also Public Domain Enhancement Act

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"Public Access to Science Act" (H.R. 2613)

  • Sponsor: Rep. Martin Sabo (D-MN)
  • Introduction: June 26, 2003

Works resulting from substantially federally funded "scientific research" would be excluded from copyright protection

see also Open Access to Research

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"Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003," ("BALANCE Act") H.R. 1066

  • Sponsor: Representative Zoe Lofgren (D-CA)
  • Introduction: March 4, 2003

Bill proposes to protect fair use, allow first sale rights of digital content and provides for permissible circumvention to enable fair use and consumer expectations

see also Fair Use Legislation

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"Digital Consumer Right to Know Act" (S. 692)

  • Sponsor: Senator Ron Wyden (D-OR)
  • Introduction: March 24, 2003
  • Requires producers of information and entertainment content to inform consumers about technological features that would restrict their use of the content
  • Requires Federal Trade Commission to issue rules for disclosing technological measures that restrict consumer use

see also Fair Use Legislation

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