Digital Copyright Act Affects Schools, Libraries

Many children's and school librarians probably didn't notice two recent news stories about copyright, because on the surface, the events seemed to have little to do with their jobs. Nonetheless, both stories were indicators of the complexity of copyright law in the digital world. In the first, a California judge ruled that the software code for a program that allows DVDs to be played on computer drives compatible with CD burners is protected speech under the First Amendment. In the second, owners of Sony's Aibo robot dog were incensed when Sony threatened to shut down a Web site that posts software and operational improvements for the $1,500 robot dog. Sony's lawyers claim the improvements violate the Digital Millennium Copyright Act (DMCA), a 1998 law that awarded corporations and other owners of intellectual property strong controls over how the digital content they own can be used and distributed.

DMCA prohibits circumventing a technological measure that controls access to a copyrighted work, such as the encryption scheme that attempts to prevent illegal copying of DVDs. But this same encryption, say freedom of information advocates, limits the rights of those who buy the disks. It could, for example, prevent legitimate owners from making backup copies of their disks for personal use. Similar encryption schemes on CD disks could prevent users from making a "mix" CD of their favorite tunes to play in the car.

But the American Library Association (ALA) sees far more threatening applications of the DMCA on the horizon. According to statements on the DMCA Web site (www.ala.org/washoff/dmca.html): "Over the long term, these technological 'locks' could have an enormous impact on the ability of libraries to provide access to, lend, and archive material." For example, most e-books sold by publishers today do not allow the lending of an e-book file; they allow use only on one device, such as a laptop or handheld. Further, ALA staff have seen a heightening of anxiety among librarians over what DMCA allows and what it doesn't. "The fear of litigation and threatening letters from the content community have successfully convinced librarians and teachers that fair use doesn't exist in the digital world, and it's just not true," says Carrie Russell, copyright specialist for ALA's Washington Office. "No librarian we know of has been prosecuted yet."