Copyright is the only right defined in the main text of the U.S. Constitution. It is specified in Article 1, Section 8, so it didn’t have to be added in the amendments known as the Bill of Rights, which tells us how important the concept of copyright was to the founders. They enumerated its dimensions in a sparse sentence: “To promote the Progress of science and useful Arts by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Copyright and Fair Use
It’s been a while since I spoke with the inimitable Kyle K. Courtney, 2015 LJ Mover and Shaker, “Harvard Hero” (for his work on copyright), and the organizer of the Copyright First Responder program at Harvard, among many, many other roles. With Fair Use / Fair Dealing Week upon us (Feb. 22nd – 26th), it seems like a good time to see what developments have taken place in Kyle’s universe since last we chatted in 2013.
It has been a busy time for those of us who watch the doings of the Copyright Office. In addition to releasing a massive report on Orphan Works and Mass Digitization, about which I have written here, the Copyright Office (CO) is the subject of a piece of legislation introduced as a discussion draft on June 3. The bill, if it were officially introduced and ultimately enacted, would remove the CO from the Library of Congress (LC) and establish it as an independent agency of the federal government, under the Executive Branch. Then, while we were still considering the ramifications of this idea, came the announcement on June 10 of the pending retirement of Dr. James Billington, who has been the Librarian of Congress for the past 29 years.
The Digital Public Library of America (DPLA) joined forces with Europeana and Creative Commons (CC) to create a collaborative, interoperable platform for international rights statements. The International Rights Statement Working Group (Working Group), composed of representatives from the three organizations, spent the past 12 months outlining a proposal for a common framework to provide rights statements for both national and international cultural heritage objects.
A group of technology companies, trade associations, and civil society organizations have joined forces to form Re:Create, a national coalition to advocate for balanced copyright policy. In the wake of recent proposals to amend the Digital Millennium Copyright Act, as well as constant advances in the field of knowledge creation, coalition members are calling for responsive copyright law that balances the interests of those who create information and products with those of users and innovators, providing robust exceptions as well as limitations to copyright law in order that it not limit new uses and technologies.
Senator Ron Wyden (D-OR) and Representative Jared Polis (D-CO) on April 16 introduced the “Breaking Down Barriers to Innovation Act,” a bill that would make significant changes to Section 1201 of the Digital Millennium Copyright Act (DMCA), which gives the Library of Congress the power to grant exemptions to DMCA’s ban on circumventing digital rights management (DRM) software, encryption, or other digital restrictions.
Kyle Courtney is infectiously enthusiastic—about copyright law, MOOCs, open access, Harvard’s Office for Scholarly Communication (OSC) (“we are a nimble, technologically awesome library unit”), and especially his Copyright First Responders (CFRs), a cohort of 14 volunteer librarians assembled to serve as the first line of defense for the ever-growing number of copyright questions fielded by Harvard libraries. CFRs spent spring and summer 2014 attending Courtney’s Copyright Immersion Program, learning about copyright fundamentals, fair use, public domain, open access, and more.