home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Resource Library: Multimedia
/
Resource Library: Multimedia.iso
/
hypertxt
/
msdos
/
montanab
/
jnt.048
< prev
next >
Wrap
Internet Message Format
|
1993-04-07
|
9KB
Date: Sun, 18 Oct 1992 23:56:41 -0500
From: Revised List Processor (1.7c) [LISTSERV@UICVM.UIC.EDU]
Subject: File: "DATABASE OUTPUT" being sent to you
To: Edward Vielmetti [emv@MSEN.COM]
> search * in ala-wo
--> Database ALA-WO, 16 hits.
> print 16
>>> Item number 16, dated 92/10/13 17:14:24 -- ALL
Date: Tue, 13 Oct 1992 17:14:24 -0400
Sender: "ALA Washington Office Update" [ALA-WO@UICVM.BITNET]
From: ALA Washington Office [NU_ALAWASH@CUA.BITNET]
Subject: ALAWON Vol. 1, No. 12
****Begin File******************Begin File*******************Begin File****
***************************************************************************
ALAWON
ALA Washington Office Newsline
An electronic publication of the
American Library Association Washington Office
Volume 1, Number 12
October 13, 1992
In this issue: (160 lines)
CONGRESS ADJOURNS
WINDO FAILS TO OPEN BEFORE ADJOURNMENT
FUNDING BILLS SIGNED
FAIR USE OF UNPUBLISHED COPYRIGHTED MATERIALS CLARIFIED
***************************************************************************
CONGRESS ADJOURNS
The 2nd session of the 102nd Congress adjourned on October 9 after a hectic
rush of end-of-session activity. Retirements and primary defeats will lead
to a considerable change in the composition of Congress no matter what
happens on election day. The 103rd Congress will convene on January 5,
1993.
Another issue of ALAWON, with more details of the end-of-session activity,
will be distributed in a few days.
***************************************************************************
WINDO FAILS TO OPEN BEFORE ADJOURNMENT
An anonymous Senator put a hold on the WINDO/Gateway compromise bill,
preventing it from coming to a vote in the Senate, thus killing the
legislation for this year. HR 5983, the Government Printing Office
Electronic Information Access Enhancement Act of 1992, passed the House on
a voice vote on September 29 (H. Rept. 102-933). The bill was slated to be
brought to the Senate floor by unanimous consent, but the hold meant that
it could not go forward for action.
Nevertheless, it's not curtains for WINDO. Some version of the legislation
is likely to be introduced in the next Congress, and we need to keep the
coalition active that worked so hard to get the legislation passed this
year. Thanks to all who called and wrote their Representatives and
Senators in support of HR 5983 and the original WINDO/Gateway bills, HR
2772 and S. 2813.
***************************************************************************
FUNDING BILLS SIGNED
Action was completed on all FY93 appropriation bills, and the President has
signed them. A continuing resolution kept funds flowing for several days
early in October, averting a government shutdown until the regular funding
bills were signed into law. The October 6 issue of this newsletter (Vol.
1, No. 11) listed final amounts for Department of Education library
programs and other library and related programs in the L-HHS-ED funding
bill. Final appropriations for selected other programs are shown below.
PROGRAM FY92 FUNDING FY93 FUNDING
-------------------------------------------------------------------
GPO SuDocs $ 27,082,000 $ 29,082,000
Library of Congress 322,228,000 334,316,000
National Agricultural Library 17,715,000 17,715,000
National Archives 146,143,000 160,045,000
Natl. Endowment for Humanities 175,955,000 178,934,000
Natl. Historical Pubs. & Records Com. 5,400,000 5,000,000
The Library of Congress and the Government Printing Office would have been
severely affected by a Senate-passed amendment to the Legislative
Appropriations Bill (HR 5427). Offered by Senators Seymour (R-CA) and
Brown (R-CO), the amendment would have cut funding in the bill by 15
percent over three years. With help from library constituent calls to key
legislators, House-Senate conferees dropped the amendment. The bill's
total was cut 6.5 percent below FY92, but Congress cut deeply into its own
operations and treated Legislative Branch support agencies such as GPO and
LC more gently. As it is, the final LC budget will not cover all mandatory
costs and may cause cutbacks in some services.
The increase for the National Archives and Records Administration involves
no additional operational money because the new funding is needed to
prepare for the move to Archives II, a new research facility scheduled to
open in 1994. Funding for grants for historical publications and records
under NARA's National Historical Publications and Records Commission has
been cut by 7 percent.
***************************************************************************
FAIR USE OF UNPUBLISHED COPYRIGHTED MATERIALS CLARIFIED
Congress has given final approval to long-pending legislation which is
designed to clarify the fair use of unpublished copyrighted material. The
Senate passed a bill last year; the House passed its version in August. On
October 7, the Senate agreed to the House-passed HR 4412; the measure is
now on its way to the President's desk for signature.
A statement by the sponsors of the earlier Senate bill (S. 1035), Paul
Simon (D-IL) and Patrick Leahy (D-VT), as well as Senators Kennedy (D-MA),
Grassley (R-IA), Metzenbaum (D-OH), and Kohl (D-WI), was inserted in the
October 7 _Congressional Record_ (p. S17358) to clarify the scope of HR
4412 and give its history. The legislation was triggered by two Second
Circuit court decisions, _Salinger v. Random House_ and _New Era v. Henry
Holt_, "that severely narrowed the scope of the fair use doctrine as
applied to unpublished works. These cases threatened to establish a
virtual per se rule against the fair use of any unpublished materials, such
as letters or diaries."
The result, according to the Senators, has been "chilling uncertainty and
serious apprehension in the publishing community regarding fair use of
unpublished works. We think it no exaggeration to say that if the trend
were to continue, it could severely damage the ability of journalists and
scholars to use unpublished primary materials. This would be a crippling
blow to accurate scholarship and reporting."
HR 4412 adds a new sentence at the end of the fair use section of the
Copyright Law (section 107 of title 17, U.S. Code): "The fact that a work
is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors." The factors referred
to are the four factors to be considered in determining whether a use is
fair, as listed in section 107:
(1) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The Senators' statement goes on to say that the bill is "designed to undo
the harm caused by the overly restrictive standards adopted in Salinger and
New Era, and to clearly and indisputably reject the view that the
unpublished nature of the work triggers a virtual per se ruling against a
finding of fair use." They also noted that the bill was necessary to
address the limitations of a more recent Second Circuit decision in _Wright
v. Warner Books_, which "did not explicitly disavow the narrow formulation
of the fair use doctrine espoused in Salinger and New Era." Courts will
now have to "make a carefully reasoned and complete consideration of each
of the fair use factors."
***************************************************************************
***************************************************************************
ALAWON is an irregular publication of the American Library Association
Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675.
Editor and List Owner: Fred King. Phone: 202-547-4440;
Fax: 202-547-7363; Bitnet: NU_ALAWASH@CUA; Internet: NU_ALAWASH@CUA.EDU
All or part of ALAWON may be redistributed, with appropriate credits.
ALAWON is available free of charge and is available only in electronic
form. To subscribe, send the message "subscribe ala-wo [your name]" to the
Bitnet address listserv@uicvm. Back issues of ALAWON will be available
soon. Instructions on how to retrieve them will be published in future
issues.
***************************************************************************
***End of file******************End of file******************End of file***