Fair use DOES NOT extend to making multiple copies of copyrighted materials
in order to avoid purching additional copies.
Teachers and schools have felt so deprived that they think they have special
privileges in copying others works. They have dont it forever; have you
watched them in front of the xerox machine??? And it doesn't make any
difference if they consider themselves good people with good motives; doing
it FOR THE CHILDREN. In my opinion, it is still a violation of the
copyright law.
I don't understand the IMPORTANCE issue. Does IMPORTANCE justify what I
consider to be stealing the intellectual property of another???
============================
>>Date: Tue, 16 Sep 1997 20:30:29 -0400 (EDT)
>>From: Museum Computer Network <[log in to unmask]>
>>Subject: Critical Time for Protecting Fair Use in Copyright
>>
>>
>>********************Please forward to other lists*****************************
>>*******************especially library and education lists*********************
>>
>>**************************September 16, 1997**********************************
>>
>>Patrice McDermott brought these matters to my attention by her
>>original posting on August 21st (attached below).
>>
>>The publishing industry is extremely nervous about losing their
>>"property" to the Internet. While some of these concerns are
>>well founded, much is generated by the media hype over the Internet
>>and the fact that many in control have not even been on the Internet.
>>
>>As a resident of Massachusetts, I turned to Rep. Barney Frank about
>>this matter (see two letters below and his reply).
>>
>>If you are in any state of the Senators and Representatives mentioned
>>in Patrice's message, now is the time to send a fax.
>>
>>Call the local office of your congressman. Mention the topic "Intellectual
>>Property" legislation and ask which aide is handling that. Ask
>>for their fax number (almost always in Washington). Then write
>>something about how important it is that teachers be able to access
>>teaching materials under fair use and how important it is for individuals
>>to be able to make and share copies of things under fair use.
>>
>>If you don't have time to fax -- just say you want to go on record
>>and make a brief statement when you call.
>>
>>If you really want to understand "fair use," further, consult the
>>reference by Mary Hutchings Reed that I mention below.
>>
>>
>>W. Curtiss Priest
>>Director, Center for Information, Technology & Society
>><[log in to unmask]>
>>
>>----------------
>>
>> BARNEY FRANK 558 PLEASANT STREET
>>4TH DISTRICT, MASSACHUSETTS ROOM 309
>> NEW BEDFORD, MA 02740
>>
>>2210 RAYBURN BUILDING CONGRESS OF THE UNITED STATES (508) 999--6462
>> (202) 225--5931 HOUSE OF REPRESENTATIVES 222 MILLIKEN PLACE
>> 29 CRAFTS STREET WASHINGTON, DC FALL RIVER, MA O2721
>> NEWTON,MA O2158 (508)674 3551
>>
>> BRIDGEWATER, MA 02324
>> (508) 697-9403
>>
>> September 10, 1997
>>
>>
>>Dr. W. Curtiss Priest
>>Center for Information, Technology & Society
>>466 Pleasant Street
>>Melrose, Massachusetts 02176
>>
>>Dear Dr. Priest,
>>
>>I appreciate receiving your letter because this is a subject on which I
>>will be legislating, and I am therefore aided when knowledgeable people
>>such as yourself write to me.
>>
>>I very much agree with your point that fair use should be fully
>>protected, and I will be interested in working with you and others to
>>make sure that this happens. I will be raising this issue and seeking
>>to work out legislative language which will explicitly protect fair use
>>and prevent it from being in any way diminished. I do believe it is
>>important to give protection to copyright holders against circumvention
>>that may come from new technological means, but I agree with you that
>>this should be done in a way that does not diminish the important
>>concept of fair use. If you or those with whom you work have specific
>>legislative language you would like to propose, feel free to send it to
>>me. And I promise you that I will be very cognizant of this concern
>>when we get to the point of actually drafting legislation.
>>
>>
>>
>> BARNEY FRANK
>>
>>BF/mg
>>
>>============================================================================
>>
>>
>>August 25, 1997
>>
>>
>>
>>Rep. Barney Frank
>>% Robert Raven
>>Massachusetts, 4th District
>>U.S. House of Representatives
>>Washington, DC 20515-2104
>>
>>Dear Mr. Raven:
>>
>>As Director of the Public Interest group called the Center for
>>Information, Technology & Society, I wish to convey my sincere
>>concern about the wording of the WIPO Copyright Treaty legislation
>>to be discussed on the 10th and 11th of next month.
>>
>>Specifically, we share the concern that the language on "circumventing
>>protection afforded by a technological protection measure" would in
>>effect diminish access to encrypted material for lawful "fair use"
>>purposes.
>>
>>Fair Use has been extremely important to balance the power of
>>almost monopoly publishers. As the recent court decision on the
>>rights of writers and their rights on the Internet sided with publishers,
>>we need to ensure that "fair use" receives more than a passing mention
>>in the bill.
>>
>>While we understand there is language that states no rights, including
>>fair use, be abridged, please realize that the balance of power --
>>in terms of availability of legal remedies is on the side of deep-
>>pocketed publishers.
>>
>>Any fear placed on the part of individuals including teachers and
>>librarians by this Act could have a devestating chilling effect
>>on the free flow of information.
>>
>>If you have not already consulted "The Copyright Primer for
>>Librarians and Educators," 2nd ed., by Mary Hutchings Reed
>>published jointly by the American Library Association and the
>>National Education Association. I encourage you to consult,
>>in particular, the sections on "Fair Use" and "Classroom
>>Photocopying."
>>
>>As a resident of Massachusetts and someone who supported Rep.
>>Frank's reelection, and as Director of this organization, I
>>urge you to add language in the bill that more directly
>>asserts the support of fair use and/or makes clear that the
>>"circumventing protection" language is not to be taken as
>>diminishing access to fair use in any way.
>>
>>Should you wish to discuss this matter, I can be regularly
>>reached by telephone at the Center.
>>
>>Sincerely,
>>
>>Dr. Priest
>>
>>W. Curtiss Priest, Director, CITS
>>Center for Information, Technology & Society
>>466 Pleasant St., Melrose, MA 02176
>>Voice: 617-662-4044 [log in to unmask]
>>Fax: 617-662-6882 WWW: http://www.eff.org/pub/Groups/CITS
>>
>>============================================================================
>>
>>
>>
>>September 15, 1997
>>
>>
>>
>>Rep. Barney Frank
>>% Robert Raven
>>Massachusetts, 4th District
>>U.S. House of Representatives
>>Washington, DC 20515-2104
>>
>>Dear Mr. Raven:
>>
>>As Director of the Public Interest group called the Center for
>>Information, Technology & Society, I wish to encourage Rep. Frank
>>to help guide the copyright legislation toward protecting the
>>public's need for fair use and excessive copyright privileges.
>>
>>I sent you a fax on August 25th regarding our concerns for
>>fair use provisions in the WIPO treaty legislation.
>>
>>We also share the concern voiced by Mr. Hart in Time Magazine:
>>
>> "INFORMATION AGE?". . .FOR WHOM?
>> Project Gutenberg founder Michael S. Hart says he is disturbed by
>> copyright legislation in Congress which would extend all current
>> copyrights by 20 years with no provision for maintaining the public
>> domain. "To add 20 years to copyright creates a Landed Gentry of the
>> Information Age," he says. The public domain is an inalienable right of
>> the public which cannot be a commodity to be bought or sold, either by
>> persons or by their government. "Copyright extension destroys both the
>> concept and content of the public domain." (Time 15 Sep 97)
>>
>>Already, because of the long period of copyright, important educational
>>materials are kept out of the hands of many who cannot afford them
>>because publishers still hold copyright over them. Certainly, for
>>these economically impoverished Americans, they should not be
>>also impoverished by lengthening the period of copyright.
>>
>>Should you wish to discuss this matter, I can be regularly
>>reached by telephone at the Center.
>>
>>Sincerely,
>>
>>Dr. Priest
>>
>>W. Curtiss Priest, Director, CITS
>>Center for Information, Technology & Society
>>466 Pleasant St., Melrose, MA 02176
>>Voice: 617-662-4044 [log in to unmask]
>>Fax: 617-662-6882 WWW: http://www.eff.org/pub/Groups/CITS
>>
>>============================================================================
>>
>>Date: Thu, 21 Aug 97 16:30:49 EDT
>>From: Patrice McDermott <[log in to unmask]>
>>To: [log in to unmask], [log in to unmask]
>>Subject: IMPORTANT NEWS on WIPO copyright treaties
>>Message-ID: <[log in to unmask]>
>>
>>Legislation has been introduced to implement WIPO copyright treaties;
>>House hearings scheduled for Sept. 10 & 11.
>>
>>Many thanks to Page for this summary & notification.
>>
>>-------------------------------------
>>Patrice McDermott
>>[log in to unmask]
>>Date: 08/21/97
>>Time: 16:30:50
>>-------------------------------------
>>
>>---------------Original Message---------------
>>
>>NCC Washington Update, vol. 3, # 35 , August 21, 1997
>> by Page Putnam Miller, Director of the National Coordinating
>> Committee for the Promotion of History <[log in to unmask]>
>>
>>1. Legislation Introduced to Implement World Copyright Treaties
>>
>>1. Legislation Introduced to Implement World Copyright Treaties -- On
>>July 29 Representative Howard Coble (R-NC), accompanied by
>>Representatives Henry Hyde (R-IL), John Conyers (D-MI) and Barney Frank
>>(D-MA) introduced HR 2281, a bill to amend title 17, United States Code,
>>to implement the World Intellectual Property Organization Copyright
>>Treaty and Performances and Phonograms Treaty. On July 31 Senator Orrin
>>Hatch (R-UT), accompanied by Senators Patrick Leahy (D-VT), Fred
>>Thompson (R-TN) and Herbert Kohl (D-WI), introduced S. 1121, a parallel
>>bill. The Senate Bill appears in the Congressional Record for July 31,
>>1997 on pages S8582-8585.
>>
>>This legislation, developed by the Clinton administration to implement
>>the two treaties that were adopted last December by the World
>>Intellectual Property Organization (WIPO), is designed to update the
>>international copyright law for the digital age and to ensure the
>>protection of American creative products abroad -- with one treaty
>>dealing with written material and the other with sound recordings.
>>There are two basic sections to this legislation. One deals with
>>encryption devises and prohibits the circumvention of copyright
>>protection systems. The other focuses on the integrity of copyright
>>management information and deals with the removal or alteration of
>>copyrighted material. The bill also includes a section on civil
>>remedies and the court's role in violations. The bill gives lip service
>>to the importance of "fair use" and states that nothing in the bill will
>>affect "rights, remedies, limitations, or defenses to copyright
>>infringement, including fair use, under this title." However, there is
>>continuing concern in the library and scholarly community as to whether
>>the language on "circumventing protection afforded by a technological
>>protection measure" would in effect diminish access to encrypted
>>material for lawful "fair use" purposes.
>>
>>On introducing this legislation, Hatch said that he was putting this
>>legislation forward on behalf of the Administration and that the bill
>>represents "an excellent starting point for the debate on exactly what
>>must be changed in U.S. law in order to comply with the treaties." He
>>indicated that while he would like to see the treaties go into effect
>>this year, "the late date on which the Administration has submitted the
>>legislation may render this goal unachievable." In his remarks, Leahy
>>stressed that during the hearings the Judiciary Committee will need to
>>strive to maintain a careful balance between the authors' interest in
>>protection along with the public's interest in the accessibility of
>>information. Kohl noted that the administration's proposed bill is a
>>"point of departure rather than a final product." He said: "We should
>>make certain, as the measure moves forward, that it doesn't restrict
>>products that have other beneficial uses."
>>
>>The House will be holding hearings on HR2281, the treaty implementing
>>legislation, and HR2180, the Online Copyright Liability Limitation Act,
>>on September 10 and 11. The Senate also plans to hold hearings but has
>>not yet set a date.
>>
>>==============================================================================
>>
>>Date: Mon, 15 Sep 1997 06:44:37 +0100
>>From: [log in to unmask] (Richard K. Moore)
>>To: [log in to unmask]
>>Subject: Internet junta proposed (fwd)
>>Message-ID: <v02110101b04289d0cb49@[194.125.43.165]>
>>
>>Dear roundtable,
>>
>>The industry, the WTO, and the G7 - the ideal crew to engineer the
>>demise of the open Internet and manage the commercial monopolization of
>>cyberspace. These are the same well-organized and highly motivated
>>bunch who brought us the WIPO copyright treaty, which among other things
>>would make me liable for significant jail time for this forward.
>>
>>This might well be taken as fair warning of the final, big-guns assault,
>>and may peraps finally alert netizens to the fact that "deregulation" is
>>a code word not for reducing controls, but simply for shifting the
>>rule-making to purely corporate hands.
>>
>>Use it or lose it.
>>
>>rkm
>>
>>~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~--~=-=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~
>>Posted by Richard K. Moore - [log in to unmask] - PO Box 26 Wexford,
>>Ireland
>> http://www.iol.ie/~rkmoore/cyberjournal (USA Citizen)
>> * Non-commercial republication encouraged - Please include this sig *
>>~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~--~=-=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~
>>
>>~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~
>>Date: Sun, 14 Sep 1997
>>From: Radar <[log in to unmask]>
>>
>>[Note by Dr. Priest: this copyrighted material is being provided to you
>>in the "teachable moment" under Fair Use of the U.S. Copyright Act
>>of 1976, Section 107. As Richard Moore notes, it could become
>>illegal to share such information -- information that is being
>>provided for the public good of protecting our rights to Fair Use.]
>>---------------------
>>Forwarded message:
>>From: [log in to unmask] (Mike Moxley)
>>Date: 97-09-14 01:55:54 EDT
>>
>>EU commissioner proposes global Internet charter
>>
>>BRUSSELS (Reuter) -- The European Union's top telecommunications
>>official called Monday for an international charter to regulate the
>>Internet and other electronic networks.
>>
>>EU Commissioner Martin Bangemann, in a speech prepared for a
>>telecommunications conference in Geneva, said the charter should
>>deal with questions such as technical standards, illegal content,
>>licenses, encryption and data privacy.
>>
>>"The current situation may lead to the adoption of isolated global
>>rules with different countries signing up to different rules agreed
>>under the auspices of different international organizations," the
>>German commissioner said.
>>
>>"An international charter would provide a suitable answer."
>>
>>The text of the speech was distributed in Brussels.
>>
>>Bangemann said industry should lead the effort to draw up a
>>charter, which would be based mostly on self-regulation and mutual
>>recognition of national licenses.
>>
>>"Its role would not be to impose detailed rules, except in
>>particular circumstances (child pornography, terrorist networks),"
>>he said.
>>
>>The charter would recognize existing pacts negotiated within the
>>World Trade Organization and World Intellectual Property
>>Organization and draw on principles agreed by other bodies such as
>>the Group of Seven top industrial countries, he said.
>>
>>Copyright 1997 Reuters Limited. All rights reserved.
>>
>>******************************************************************
>>Michael Moxley The Patriot:
>>[log in to unmask] http://www.geocities.com/CapitolHill/6627/
>>***************************Live Free or Die!***************************
>>
>>Well here we go !
>>
>>Joshua2
>>
>>--
>>See the Website:
>>Uderstanding the New World Order--
>>http://www.kreative.net/understandingNWO
>>
>>~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~
>>
>
>
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