What’s Next for ARSC and Copyright Reform?

Tim BrooksTim Brooks

ARSC Copyright & Fair Use CommitteeARSC Copyright & Fair Use Committee

May 2010May 2010

Events Thus Far

2005: ARSC Board adopts 12005: ARSC Board adopts 1stst ever position ever position statement on copyright:statement on copyright: ““Several provisions of U.S. copyright law Several provisions of U.S. copyright law

impede the effective preservation of historic impede the effective preservation of historic recordings and unduly restrict public access to recordings and unduly restrict public access to those recordings.”those recordings.”

Copyright & Fair Use Committee Develops 5 Specific Recommendations

1.1. Place pre-’72 recordings under single, Place pre-’72 recordings under single, understandable national law (repeal sec 301c).understandable national law (repeal sec 301c).

2.2. Harmonize federal term with other countries (i.e., Harmonize federal term with other countries (i.e., 50 to 75 years).50 to 75 years).

3.3. Legalize use of “orphan” recordings.Legalize use of “orphan” recordings.

4.4. Permit use of “abandoned” recordings with Permit use of “abandoned” recordings with appropriate compensation to copyright holder.appropriate compensation to copyright holder.

5.5. Permit “best practices” digital preservation.Permit “best practices” digital preservation.

Events Thus Far

2008: Board appropriates funds to engage 2008: Board appropriates funds to engage lobbying firm to introduce ARSC proposals lobbying firm to introduce ARSC proposals in Washingtonin Washington ““Test the waters”Test the waters” Met with staff for 20 congressmenMet with staff for 20 congressmen Register of Copyright Marybeth PetersRegister of Copyright Marybeth Peters RIAARIAA National Recording Preservation BoardNational Recording Preservation Board

Solicit Support from Other Organizations

To date, seven organizations have endorsed ARSC proposals 70,000+ members

American Library Association Association of Moving Image Archivists International Association of Jazz Record Collectors Music Library Association Society for American Music Society of American Archivists And most recently… Popular Culture Association

Launch Coalition

2008-09: Launch Historical Recording Coalition 2008-09: Launch Historical Recording Coalition for Preservation and Access (HRCAP)for Preservation and Access (HRCAP) ARSCARSC Music Library AssociationMusic Library Association Society for American MusicSociety for American Music

Establish websiteEstablish website www.recordingcopyright.orgwww.recordingcopyright.org

www.recordingcopyright.org

Events - 2009

Congressional action on copyright at standstill.Congressional action on copyright at standstill. By backdoor, got language inserted in H.R. 1105.By backdoor, got language inserted in H.R. 1105.

Directs Copyright Office to study desirability Directs Copyright Office to study desirability and means of repealing state-coverage.and means of repealing state-coverage.

Report to Congress in two years.Report to Congress in two years. March 2009: Signed by Pres. Obama.March 2009: Signed by Pres. Obama. May 2009: Panel of copyright experts at DC May 2009: Panel of copyright experts at DC

conference encourages ARSC, gives tips.conference encourages ARSC, gives tips. Copyright Office commits to study (reluctantly?), Copyright Office commits to study (reluctantly?),

but no action to date.but no action to date.

Other Developments Waiting for Copyright Office call for comments.Waiting for Copyright Office call for comments.

Attorney Bruce Epperson joins committee, will assist.Attorney Bruce Epperson joins committee, will assist. Copyright Office is aware of ARSC!Copyright Office is aware of ARSC!

Obama appoints copyright enforcement “czar”.Obama appoints copyright enforcement “czar”. Surprise choiceSurprise choice Victoria EspinelVictoria Espinel

Espinel requests comments (short turnaround).Espinel requests comments (short turnaround). HRCAP submits on March 21, 2010HRCAP submits on March 21, 2010 www.whitehouse.gov/omb/intellectualproperty/www.whitehouse.gov/omb/intellectualproperty/

One major challenge:One major challenge: High cost of Washington representation.High cost of Washington representation.

Copyright & Fair Use Committee

Tim Brooks, chairTim Brooks, chairBarry Ashpole (Canada)Barry Ashpole (Canada)Bruce EppersonBruce EppersonJohn GeisJohn GeisMichael GrayMichael GrayRichard Green (Canada)Richard Green (Canada)Jennifer MatthewsJennifer MatthewsJerry McBrideJerry McBrideDavid Patmore (U.K.)David Patmore (U.K.)Steve SmolianSteve SmolianDick SpottswoodDick Spottswood

What Can You Do? Keep the issue alive within your own Keep the issue alive within your own

organization; still not a well known issue.organization; still not a well known issue. Encourage universities/scholarly organizations to Encourage universities/scholarly organizations to

take positions.take positions. Encourage “risk assessment” vs. “most Encourage “risk assessment” vs. “most

conservative approach” by institutional lawyers. conservative approach” by institutional lawyers. Contact your congressman. Contact your congressman. Direct contact from Direct contact from

constituents makes a differenceconstituents makes a difference.. ““How to” sheet is on How to” sheet is on recordingcopyright.orgrecordingcopyright.org

SIGN THE PETITION, for goodness sake!SIGN THE PETITION, for goodness sake!

www.recordingcopyright.org/joinus.html

www.recordingcopyright.org/joinus.html

Name: Aaron M. Bittel on Apr 9, 2009 Comments: Access to our audio heritage is absolutely vital to me as a professional archivist, researcher, educator and musician. Name: Melissa Widzinski on Apr 12, 2009 Comments: The copyright system surrounding audio recordings is absolutely dysfunctional. As a musician, student and aspiring audio archivist, would not want to see the precious, unique (and deteriorating) audio recordings housed at my university lost forever, due to this system. Name: Scott Granlund on Apr 13, 2009 Comments: I am so happy to sign this. 3 cheers to the organizers. May this go forward! Name: Richard P Steuart on Apr 13, 2009 Comments: There has to be a way to get this right, without harming the current recording industry. Name: Anonymous on Jul 28, 2009 Comments: I think this is a very worthy cause! Name: Roger Steffens on Jul 29, 2009 Comments: This is vitally important to preserving materials that otherwise would be lost to history. I am Chairman of the Reggae Grammy Committee. Name: Henry Jasen on Mar 25, 2010 Comments: These efforts give us the opportunity to connect with our cultural heritage that may be lost forever, without a change in policy.

Thank Youwww.recordingcopyright.org