Congress, High Court Review Copyright

Federal copyright laws that protect big corporations and prevent educators from using copyrighted materials were recently challenged in Congress and the Supreme Court. If successful, the two measures would move more copyrighted materials into the public domain and loosen current copyright law by giving average citizens the right to make copies of digital music, books, and films.

On Capitol Hill, Representatives Rick Boucher (D-VA) and John Doolittle (D-CA) recently introduced the Digital Media Consumers Rights Act to restore fair-use rights that were lost with the passage of the 1998 Digital Millennium Copyright Act (DMCA), which forbids the copying of digital books, music, and movies, and the use of any software to get around copy-protection measures added by publishers. Speaking against the law, Boucher says DMCA "virtually extinguishes" the fair-use doctrine for digital media because it allows copyright holders to market digital materials that would be paid for with each use. Prior to the law, fair-use guidelines allowed educators to use copyrighted materials in the classroom without permission.

Media companies, including Walt Disney and Sony, oppose any attempt to relax DMCA, and the new bill is not expected to win congressional approval this year. But Miriam Nisbet, legislative counsel in the American Library Association's Washington office, says the proposed bill is a "substantial challenge" that will help the representatives win co-sponsorship for similar legislation during the next session of Congress.

Meanwhile, the Supreme Court on Oct. 9 heard arguments in Eldred v. Ashcroft. The case challenges the 1998 Sonny Bono Copyright Term Extension Act, which extends existing copyright laws by 20 years. The plaintiffs, led by Eric Eldred, founder of Eldritch Press, hope to overturn a February 2001 decision by a federal appeals court that ruled the law was constitutional and did not violate free speech under the First Amendment. ALA supports ending the copyright extension. A ruling on the case is expected this spring.