Copyright, e-Licensing and The Future of Librarianship Essay

Copyright, e-Licensing and The Future of Librarianship Essay

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There are several laws in place that involve copyright and libraries. These laws each affect public libraries and the resources they provide to community members in distinctive ways. The Digital Millennium Copyright Act (DMCA) was signed into law by President Bill Clinton on October 28, 1998. There are five titles included in the DMCA. Title one enacts the WIPO Treaties in the United States. Title two creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities. Title three provides an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair. Title four contains six miscellaneous provisions relating to the functions of the Copyright Office, distance education, the exemptions in the Copyright Act for libraries and for making ephemeral recordings, “webcasting” of sound recordings on the Internet, and the applicability of collective bargaining agreements obligations in the case of transfers of rights in motion pictures. Title five is the Vessel Hull Design Protection Act which is a new form of protection for the design of vessel hulls. (http://www.copyright.gov/legislation/dmca.pdf)
The six exemptions to section 1201 of the DMCA are described as follows. The first exemption is a nonprofit library, archive and educational institution exception that permits nonprofit libraries, archives, and educational institutions to circumvent solely for the purpose of making a good faith determination as to whether they wish to obtain authorized access to the work. The second exemption pertains to reverse engineering. This permits circumvention, by a person who has lawfully obtained a right to use a copy of a computer...


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...of the physical world, and off the shelves, into the digital realm, librarians need to do their part to ensure legislation is aligned with this new reality. If we do not, our profession may suffer first, but it will not be the last casualty of the copyright wars.” (p. 17)



Works Cited

http://www.copyright.gov/legislation/dmca.pdf
http://www.copyright.gov/legislation/s505.pdf
http://www.copyright.gov/fls/fl102.html
McDermott, A. J. (2012). Copyright: regulation out of line with our digital reality? Information technology and libraries. March 2012
Cross, W. M. (2012). Restoring the public library ethos: copyright, e-licensing, and the future of librarianship. Law Library journal, Vol. 104:2 195-
Butler, B. (2010). Challenges in employing fair use in academic and research libraries. Research Library Issues: A Bimonthly Report from ARL, CNI, AND SPARC. December 2010

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