>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 > >~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~ >