Proposed UCITA Amendments
Fail to Respond to Library Concerns
A drafting committee of the National Conference of Commissioners of Uniform State Laws in Washington, D.C., has proposed 19 amendments to the Uniform Computer Information Transactions Act (UCITA) in response to hearings held last November in which representatives from the library community had the opportunity to suggest changes in the law.
The American Library Association, the Association of Research Libraries, and the American Association of Law Libraries made two suggestions at those hearings: First, that the prohibition in non-negotiated licensing contracts of anything currently permissible under federal copyright law would not be enforceable; and second, that the criteria for declaring contract terms unenforceable be broadened.
A January 10 response from ALA’s Washington Office analyzed the NCCUSL proposals and found that they “do not respond to the core library concerns,” nor do they “respond adequately to library arguments about the need for more clear language in the statute to avoid the potential collision between state contract law and federal copyright law.”
ALA Legislative Counsel Miriam Nisbet stated, “The committee’s report showed either a complete misunderstanding or a misinterpretation of the library arguments regarding UCITA.” According to the Washington Office, the proposed amendments must be approved by NCCUSL later this year. However, states considering UCITA would have the option of adopting them or not as they consider the legislation.
An in-depth report on the amendments by Carol Ashworth, UCITA grassroots coordinator for the Washington Office, is scheduled for the March American Libraries.
Posted January 14, 2002.
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