CO Issues 'Model' Language for DMCA Section 108 Update
The Copyright Office issued “model statutory language” Friday for potential legislation for a digital-age update of Copyright Act Section 108’s exemption allowing libraries and archives to reproduce and distribute copyrighted works, cautioning the discussion document wasn't its “final word.” The…
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CO held meetings last year with stakeholders in advance of a planned legislative recommendation on a Section 108 update, though ongoing opposition from library stakeholders made it unclear that Congress would want to prioritize an update (see 1606070052 and 1606210066). The CO’s draft includes expected language that would extend Section 108’s exemption to include museums and all works publicly disseminated online (see report in the April 3, 2008, issue) but not a stricter definition of what constitutes a library or archive. “Adding museums as an eligible entity would ensure, among other things, that small museums that may not be associated with a library or archives could take advantage of the benefits” of Section 108, the CO said. The draft doesn’t attempt to more strictly define what a library or archive is, but the courts have “appropriately interpreted” what they are, the CO said. “It is likely that courts would draw similar lines in interpreting 'museums' within the proposed section 108 context." The draft also proposes to remove an existing three-copy limit under Section 108 and replace it with updated language that reflects libraries’ practice of relying 'on fair use to cover the making of additional copies, including temporary, incidental copies.'"