Interesting People mailing list archives
Notice of Inquiry: Computer Program Rental by Libraries
From: David Farber <farber () central cis upenn edu>
Date: Tue, 12 Oct 1993 06:19:06 -0400
[Posted at the author's request -cmk] =======================
From G0094 () AppleLink Apple COM Thu Oct 7 16:10:44 1993
From: G0094 () AppleLink Apple COM (Valauskas, Edward,GOV) Subject: software circulation Nonprofit libraries and nonprofit educational institutions currently enjoy an exemption in the Computer Software Rental Amendments Act of 1990 allowing the circulation of software. Software in circulation requires a copyright notice, using text as described by the Register of Copyrights, but no other requirements are made on nonprofit libraries and educational institutions. The Copyright Office has been asked to report on the extent of software circulation in nonprofit libraries and educational institutions, and to report on the impact of this form of software availability to patrons, libraries, educational institutions, software distributors, and software developers. In order to reach the largest possible audience, I have been asked to distribute the Notice electronically in order to secure comments. I am posting it to several discussion lists as well. I would you would consider posting it on COMP-ACADEMIC-FREEDOM-TALK. If you have any questions, contact me at your convenience. Edward Valauskas Chair, American Library Association Copyright Ad Hoc Subcommittee g0094 () applelink apple com ------ Library of Congress U.S. Copyright Office Notice of Inquiry: Computer Program Rental by Libraries The Copyright Office of the Library of Congress is preparing a report for Congress on the extent to which the Computer Software Rental Amendments Act of 1990 has achieved its intended purpose with respect to lending by nonprofit libraries. The Act permits lending of a computer program for nonprofit purposes by a nonprofit library, if each copy lent by such library has affixed to the package containing the program a warning of copyright in accordance with regulations prescribed by the Register of Copyrights. 17 U.S.C. 109(b)(2). The Office seeks public comment on and information about such lending of computer programs for the purpose of evaluating how well the provision maintains the integrity of the copyright system while providing nonprofit libraries the capability to fulfill their function. The Copyright Office is interested in receiving comments about any issues relevant to $ 109(b)(2) which concern copyright owners, librarians, and library patrons. Of particular interest are the following questions: 1) If you are a librarian in a nonprofit library or educational institution, do you feel you are meeting the needs of your patrons with regard to computer software? Does $ 109(b)(2)(A) facilitate or impede fulfillment of your function to provide information to your patrons in your nonprofit library or educational institution? 2) How often do you lend copies of computer programs to other nonprofit libraries or nonprofit educational institutions? How often do you lend computer programs to staff or users of your own institution? 3) Do the regulations in 37 CFR 201.24 pertaining to the warning of copyright for software circulation represent an onerous burden? 4) Do you have reason to believe that unauthorized copying, adaptation, redistribution, public performance or display is occurring as a result of the lending permitted by $ 109(b)? 5) Do you feel the $ 109(b) exemption for nonprofit libraries and educational institutions is harmful to the interests of copyright owners? Has there been any change in authors' and developers' income as a result of nonprofit lending by libraries? 6) Are you aware of any evidence that unauthorized copying, adaptation, redistribution, public performance or display results from nonprofit lending of computer software? 7) Do you feel that new legislation is needed to either clarify existing legislation or to rectify any imbalance between the rights of owners and the needs of users? If so, please specify as precisely as possible what provisions such legislation should contain. Effective date: Comments should be received on or before October 13, 1993. Addresses: Interested persons should submit their comments electronically to: Edward J. Valauskas, Chair of the American Library Association Copyright Ad Hoc Subcommittee, g0094 () applelink apple com Comments by mail should be sent to: Dorothy Schrader, General Counsel, United States Copyright Office, Library of Congress, Department 17, Washington, D.C. 20540. Copies of all comments received will be available for public inspection and copying between the hours of 8:30 a.m. and 4 p.m., Monday through Friday, in Room 401, James Madison Memorial Building, Library of Congress, First Street and Independence Avenue, S.E., Washington, D.C. For further information, contact Dorothy Schrader, General Counsel, U.S. Copyright Office, Library of Congress, Washington, D.C. 20540, (202) 707-8380.
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- Notice of Inquiry: Computer Program Rental by Libraries David Farber (Oct 12)