Copyright Exceptions for Libraries in the Digital Age:

Section 108 Reform

February 8, 2013

For Materials, click here 

Our 2012 Symposium, presented in cooperation with the U.S. Copyright Office, will look at exceptions for libraries and archives in section 108 of the U.S. Copyright Act, and mass digitization by libraries.   What explicit copyright exceptions should libraries have?  How should section 108 be revised?  To what extent should libraries be able to engage in mass digitization of published, in-copyright works in their collections?  How and to whom may digitized materials be made available?  What are the respective roles of section 108, of fair use, and of licensing? 

                   

 
10:45-11:05    Break
 
Sessions 2-4 will be roundtable discussions, each with 4-5 panelists and a moderator.

11:05-12:35    Session 2:  Section 108 Issues Other Than Mass Digitization 

Should the §108 exceptions be limited to libraries and archives or extended to other institutions?  How should eligible “libraries” and “archives” be defined?  Should libraries be allowed to copy, preserve and make available material publicly available on the web?  What changes are necessary with respect to exceptions for preservation and replacement copies in §108(b) and (c)?  What changes are necessary with respect to copies for users and for interlibrary loan in §108(d) and (e)?  What are the ramifications of a library subcontracting to a third party not itself eligible for the §108 exceptions?    
 
Moderator:      Nancy Weiss, Institute of Museum and Library Services

 Panelists:        Jonathan Band, Jonathan Band PLLC
                           Mary Minow, Dominican University
                           Eric Schwartz, Mitchell Silberberg & Knupp LLP
                           Mark Seeley, Elsevier

                           
 
12:35-1:45      Lunch

AFTERNOON PROGRAM

1:45-3:15        Session 3: To What Extent Should Libraries be Permitted to Engage in Mass Digitization of Published Works, and for What Purposes? 

For what purposes may libraries mass digitize published works?  Which works should they be able to digitize?  “At risk” works?  Any analog work?  Only certain categories of works?  Should all entities eligible for §108 exceptions be permitted to engage in mass digitization, or just a subset that qualify in some manner?   If for-profit entities are allowed to work with libraries, what, if any, are the restrictions on those entities’ use of the digitized material?
 
Moderator:      Karyn Temple Claggett, U.S. Copyright Office

Panelists:        Paul Aiken, Authors Guild
                          Eric Harbeson, University of Colorado Music Library
                          Janice Pilch, Rutgers University Libraries
                          Gloria Phares, Patterson Belknap Webb & Tyler LLP

3:15-3:35        Break
 
3:35-5:05        Session 4: What Should be the Conditions on Libraries Digitizing, Maintaining and Making Available Copyrighted Works?
To whom can/should digitized material be made available and under what circumstances?  What is the role of licensing? What digitized materials should be made available pursuant to exceptions, and what should be made available only under license?  Should distinctions be made among categories of works in providing access?  What is the digitizing entity’s responsibility for security of the content?  For maintaining and preserving it?
 
Moderator:      Chris Weston, U.S. Copyright Office
 

Panelists:       Allan Adler, Association of American Publishers
                          Ivy Anderson, California Digital Library
                          Roy Kaufman, Copyright Clearance Center
                          Kenneth Crews, Columbia University
                          William Maher, University of Illinois at Urbana-Champaign
 
5:05-5:15        Closing Remarks

REGISTRATION INFORMATION:

Registration Fees:

$50 – General Registration

$25 – Attorneys or others working for nonprofit organizations, the government or academia

$10 – Students not affiliated with Columbia Law School

Columbia Law School Students, Faculty & Staff are required to register, but the fee is waived.  Please email Cindy Tangorra.

Please note that all rates are “per person” and, as flat fees, cannot be prorated according to attendance.

 A limited number of financial hardship scholarships are available on a case-by-case basis by application to Cindy Tangorra , Kernochan Center Program Coordinator.  The deadline to apply for such aid is Friday, February 1, 2013.  General registration will close at 5:00 p.m. on Tuesday, February 5, 2013 

CLE:  Attorneys registered in the state of New York may receive up to six (6) CLE credits in the Area of Professional practice for attending this event.  Three (3) credits will be awarded for attending the morning program (which includes Sessions 1 and 2), and three (3) credits will be awarded for attending the afternoon program (which includes sessions 3 and 4).  Please note, no credit will be awarded for attending only one session.  You must attend both sessions of each program to receive any CLE credit for that program.