ACRL News Issue (B) of College & Research Libraries


October 1 9 9 4 / 5 9 7

Intellectual property
and the Nil
O n Septem ber 2, ALA sub­
mitted com m ents on Intel­
lectual Property a n d  the N a­
tio n a l In fo r m a tio n  In fr a ­
structure, th e  prelim inary
draft report of the Working
Group on Intellectual Prop­
e rty  R ights o f th e  W hite
H o u se In fo rm atio n  In fra­
structure Task Force. The
Working Group, chaired by
Bruce Lehman, assistant sec­
re ta ry  o f c o m m e rc e  a n d

 
 

 

 
 

 
com m issioner of patents and trademarks, is­
sued its report in July for public comment.

The report recom m ended changes in copy­
right law to extend ow ners’ exclusive rights to 
include electronic transmission. The cumula­
tive effect w ould be a considerable expansion 
of ow ners’ rights and a narrowing of certain 
limitations on  those rights. ALA’s comments, 
coordinated by the Committee on Legislation’s 
Ad Hoc Subcom m ittee on Copyright, m ade 
three key points:

•  A balanced policy framework is essen­
tial for the National Information Infrastructure 
(Nil); it must balance protection of intellectual 
property rights holders’ interests with the pre­
sum ption in favor of free dissemination of ideas 
em bedded in the First Amendment and the in­
tellectual property clause of the Constitution.

•  No expansion of copyright holders’ rights 
to include electronic transmission should be 
enacted w ithout corresponding limitations on 
those rights in areas such as fair use, classroom 
use, and library use.

•  ALA urged the Working Group to rec­
om m end enactm ent o f a new  National Com­
mission on New Technological Uses (CONTU) 
of copyrighted works. The complexity o f the 
copyright problem s raised by the Nil technol­
ogy surpasses those o f the photocopying and 
early com puter technologies that led to the cre­
ation by Congress o f CONTU in 1974. A new  
CONTU could conduct studies, compile data, 
and better justify its recom m endations both to 
assure public access to material disseminated 
via the Nil and to respect the rights o f owners 
of copyrighted works.

Edward J. Valauskas, chair of ALA’s Copy­
right Subcommittee, testified at a Septem ber

W a sh in g to n
h o tlin e

Carol C. Henderson

14 hearing in Chicago, the 
first of a series scheduled on 
th e draft report. ALA w as 
also asked by the Patent and 
Trademark Office to partici­
pate in an invitational con­
ference on  educational and 
library fair use in the Nil 
context, as called for in the 
draft report.

Nil applications report
ALA com m ented in August 
on the report from the White 
H ouse In fo rm atio n  In fra­

structure Task Force Committee on Applica­
tions and Technology, entitled Putting Infor­
m ation Infrastructure to Work. The committee, 
chaired by Arati Prabhakar, director of the Com­
merce D epartm ent’s National Institute o f Stan­
dards and Technology, issued its report in May 
for public comment. The report described seven 
key application areas, including libraries, life­
long learning, and governm ent services.

The ALA comments were coordinated by the 
Committee on Legislation’s Ad Hoc Subcom­
m ittee o n  T elecom m unications, ch aired  by 
Elaine Albright. A lthough com m ending the 
committee for clearly identifying and highlight­
ing the library role, ALA m ade three major rec­
om m endations :

•  That the report include a broader vision 
o f w hat the library role is today. Language was 
recom m ended describing how  libraries use the 
new  media to educate, involve, and em pow er 
their diverse constituents.

•  That the report broaden its view of the 
library contribution to Nil goals. ALA supported 
the report’s acknow ledgm ent of the library’s 
equity role, but also noted library contributions 
as including organization and evaluation of in­
formation, training and education of the p u b ­
lic, aid to business for econom ic developm ent, 
support for health care and education, etc.

•  That the federal governm ent initiate a 
baseline study o f the current state of equity of 
access to information to help shape federal in­
vestments and programs for addressing poten­
tial problem s with equity of access. ■

Carol C. Henderson is executive director o f  ALA ’s 
Washington Office; e-mail: cch@alawash.org

mailto:cch@alawash.org