1. Appropriations Bills Still Stalled
2. Several Dates Under Consideration for Library Hearing
3. Copyright Legislation on Digital Transmission Introduced
4. Reauthorization of Institute for Museum Services
1. Appropriations Bills Still Stalled -
Although the Conferees on the Interior Appropriations Bill have
reached a compromise on the one sticking point, mining patents,
neither the House nor the Senate scheduled votes this week on the
revised Interior Conference Report. The Interior bill includes the
funding for the National Park Service, the endowments, historic
preservation, as well as a number of other cultural programs. The
Istook Amendment, which would restrict the lobbying of non-profit
organizations, continues to delay action on the Treasury, Postal
Service, and General Government Appropriations Bill which includes
funding for the National Archives.
2. Several Dates Under Consideration for Library Hearing -- Earlier
this week it appeared that the oversight hearing on the Library of
Congress would be held on November 9; however scheduling difficulties
have led to consideration of November 13 or 14 . While the scope of
the hearing has not yet been established, indications are that members
of Congress wish to pursue issues related to psychiatric "fitness-for-
duty" exams, security matters as they pertain to the protection of the
collection, and personnel and fiscal management issues.
3. Copyright Legislation on Digital Transmission Introduced -- On
September 28 Senators Orrin Hatch (R-UT) and Patrick Leahy (D-VT)
introduced S. 1284, the National Information Infrastructure Copyright
Protection Act, a bill to adapt copyright law to the digital,
networked environment of the information highway. Using the analogy
of the "highway," Hatch said that for roads to be safe there must be
rules. Thus "we need rules for our digital highway." At the heart of
the legislation is a concern for protecting the property rights of the
owners of intellectual property. "Our copyright laws are based,"
Hatch said, "on the conviction that creativity increases when authors
can reap benefits of their creative activity." The full potential of
the digital global marketplace depends, Hatch stressed, on adequate
protection for copyrighted works.
The parallel bill in the House, H.R. 2441, was introduced on September
29 by Representatives Carlos Moorhead (R-CA), for himself and Patricia
Schroeder (D-CO) and Howard Coble (R-NC), all of whom service on the
Subcommittee on Courts and Intellectual Property of the House
Judiciary Committee.
This legislation deals with several areas of specific concern to
scholars, librarians, and archivists: clarification of terms
regarding digital transmission of copies; exemptions for libraries and
archives for preservation activities; exemptions for the visually
impaired; and establishment of a criminal copyright violation
provision.
The Working Group on Intellectual Property Rights of the Information
Infrastructure Task Force, Chaired by Bruce Lehman, Assistant
Secretary of Commerce and Commissioner of Patents and Trademarks,
drafted this legislation. It is a part of the September 5 report
"Intellectual Property and the National Information infrastructure,"
which is often called the "White Paper."
The concern of many in the library and scholarly community is how the
provisions for "fair use" for library and educational purposes that
are in the existing copyright law will be affected by the new
legislative proposals. S.1248 and H.R. 2441 appear to make fairly
modest changes. Yet the language of the legislation makes clear that
transmissions constitute a public distribution and that transmissions
are within the exclusive domain of copyright proprietors. Under this
proposed legislation, the role of "fair use" in the digital
environment seems in doubt.
The House and Senate Judiciary Committees are planning a series of
joint hearings on this legislation. The tentative date for the first
hearing is November 15. Indications are that the witnesses for this
hearing will be the head of the Patent and Trademark Office and the
Head of the Copyright Office as well as representatives of the
European Union and the World Intellectual Property Organization. A
hearing in January will offer opportunities for public witnesses to
testify.
Striking the proper balance between ensuring the commercial interests
of copyright holders and protecting public interest and educational
aspects of copyright law is crucial. The fear of some in the research
community is that this legislation emphasizes the economics of
copyright over the public interest in accessibility to copyrighted
works.
4. Reauthorization of Institute for Museum Services -- On October 11
Senators Claiborne Pell (D-RI) and James Jeffords (R-VT) introduced
and the Senate passed an amendment to S. 143, the Workforce
Development Act, that would authorize the Institute of Museum and
Library Services. In introducing this amendment Pell stated that
these "provisions stress the importance of both museums and
libraries to literacy, economic development and most importantly,
the work force development." The language for this amendment is
almost identical to portions of S. 856, the Kassebaum (R-KS),
Jeffords, Pell, and Kennedy (D-MA) bill introduced this summer that
would reauthorization NEH, NEA, and the Institute for Museum
Services.
The reauthorization of the Institute for Museum Services is now
proceeding on two separate tracks. In addition to being in the
Workforce Development Act, it will continue to be a part of S. 856,
which has been endorsed by the Senate Labor and Human Resources
Committee. While this is a positive development for the Institute
for Museum Services, there is some concern in the scholarly
community that leaving the more controversial NEA and NEH to stand
alone may make passage of S. 856 more difficult.
The reauthorization provision for the Institute for Museum Services
does not appear in the House Careers Act, H.R. 1617, which passed
the House on September 19 and parallels S. 143, the Senate Workforce
Development Act. No date has been set for a House/Senate Conference
to begin work on reconciling these bills.
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