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EDUCAUSE Live! July 6, 2006 1:00 p.m. ET (12:00 p.m. CT, 11:00 a.m. MT, 10:00 a.m. PT); runs one hour Proposed Legislation on Orphan Works: Solving the Problem or Escalating the Crisis?Special Guest
Denise Troll Covey, principal librarian for special projects at Carnegie Mellon University Libraries, is responsible for conducting research to inform library administration, strategic planning, and advocacy of important legislative initiatives. She keeps abreast of technological developments and their social implications, as well as the laws, policies, practices, and standards relevant to digital libraries. Her current projects are conducting a study of scholarly communication practices among Carnegie Mellon faculty, analyzing the public response to the U.S. Copyright Office’s notice of inquiry about possible amendments to Section 108 of the copyright law, and leading the University Libraries’ response to legislation regarding orphan works, net neutrality, and open access to federally funded research. Her previous research focused on the public response to the Copyright Office’s notice of inquiry regarding orphan works and efforts to increase the success and lower the cost of acquiring copyright permission to digitize and provide open access to books. Covey serves on the National Information Standards Organization (NISO) Standards Development Committee where she is leading the initiative to develop rights expression and management for scholarly information. She was a distinguished fellow in the Digital Library Federation in 2000–2001. SummaryYour host, Steve Worona, will be joined by Denise Troll Covey, and the topic will be "Proposed Legislation on Orphan Works: Solving the Problem or Escalating the Crisis?" Following a lengthy investigation and enthusiastic public response, legislation is currently pending in Congress to provide limitations on remedies in copyright infringement cases where permission could not be acquired from the copyright owner prior to use because the copyright owner could not be found. The problem of "orphan works" is extensive and exacerbated by the current duration of the copyright term and new technologies that raise user needs and expectations for online access to information. The orphan works problem affects many communities of users and impedes library efforts to digitize and provide online access to their collections. Beginning with a brief summary of a detailed analysis of the public comments received and transcripts of the roundtables convened by the U.S. Copyright Office, this presentation will focus on key issues of contention in the debate. It will trace the trade-offs between private interest and public good made in the Copyright Office’s proposed legislation and the subsequent changes and accretions to the proposal made prior to its introduction in the House of Representatives as the Orphan Works Act of 2006. The presentation will conclude with articulating concerns about the bill that question the likelihood that it will facilitate building a digital library and suggestions for how libraries might nevertheless collaborate to contain costs and thereby leverage the opportunity it would afford should it be enacted into law. Related EDUCAUSE Resources
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