Notice of Inquiry: Computer Program Rental by Libraries

[David Farber <farber () central cis upenn edu>]

[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.