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NewsNet Issue 681
September 15, 2017
Copyright Office Releases Section 108 Discussion Document
The U.S. Copyright Office today released its Section 108 Discussion Document. Congress enacted section 108 of Title 17 in 1976, authorizing libraries and archives to reproduce and distribute, without permission, certain copyrighted works on a limited basis for the purposes of preservation, replacement, and research. However, the exceptions outlined in section 108 did not anticipate and no longer address the ways in which copyrighted works are created, distributed, preserved, and accessed in the twenty-first century.
The Discussion Document emphasizes the Copyright Office’s longstanding position that section 108 needs to be updated so that libraries, archives, and museums have a robust, comprehensible, and balanced safe harbor to fulfill their missions. The primary objective of the Discussion Document is to provide a concrete framework for further discussion among stakeholders and members of Congress. In an effort to provide this framework, the Discussion Document includes model statutory language to guide future discussions and to assist in generating consensus on various discrete issues, such as adding museums to the statute; allowing preservation copies to be made of all works in an eligible entity’s collections; replacing the current three-copy limit with a “reasonably necessary” standard when making copies for preservation and research; clarifying the contract supremacy provision to grant libraries, archives, and museums more flexibility to make preservation and security copies of works covered by licensing and purchasing agreements; and eliminating the exclusion of musical, pictorial, graphic, or sculptural works, and motion pictures or other audiovisual works from the provisions permitting copies made upon the request of users, under certain conditions.
The full Discussion Document, along with background material, is available on the Copyright Office’s website at https://www.copyright.gov/policy/section108/.
WIPO Domain Name Decision D2017-1160 for cheappierrehardy.online, pierre-hardy.store, pierrehardye.store, pierrehardyoutlet.online, pierrehardysale.online, pierrehardystore.online
NewsNet Issue 680
September 14, 2017
Copyright Office Publishes Archive of Briefs and Legal Opinions
Under the Copyright Act, the Copyright Office is responsible for advising the courts on issues of copyright law. This advice manifests itself in many forms. For instance, based on advice received from the Office, the Department of Justice files briefs in federal court on behalf of the federal government on issues of copyright law. In addition, the Copyright Office issues binding opinions on questions of copyright law to the Copyright Royalty Board.
These briefs and legal opinions are valuable resources for those seeking to understand the Copyright Office’s view of copyright law. Today, for the first time, the Copyright Office has published at one place on its website an archive of these briefs and legal opinions. The Office plans to periodically update this archive with new documents and any older documents it discovers.
The archive is available here.