The U.S. Copyright Office has published a Federal Register notice requesting written comments to assist it in developing draft legislation that would establish a legal framework for certain mass digitization activities. For the past several years, the Office has been exploring ways to facilitate and support mass digitization projects serving the public interest while appropriately balancing the interests and concerns of copyright owners. In its recently issued Orphan Works and Mass Digitization Report, the Office proposed the creation of a limited “pilot program” that would allow certain types of mass digitization projects to be authorized through a system known as extended collective licensing (ECL). The ECL pilot program recommended by the Office would enable users to digitize and provide access to certain works for research and education purposes under conditions to be agreed upon between rightsholder and user representatives.
Because the success of such a system depends on the voluntary involvement of both copyright owners and users, the Office is inviting public comment on several issues concerning the scope and operation of the pilot program. The Office will then seek to facilitate further discussion through stakeholder meetings and, if necessary, additional requests for written comment. Based on this input, the Office will draft a formal legislative proposal for Congress’s consideration.
The Notice of Inquiry is available here. Written comments are due on or before August 10, 2015.
DMLA via our counsel, Nancy Wolff, is working on comments representing our association. We are also working with our Ad Hoc Association Group so that our comments are aligned and that we speak as a united industry. Please feel free to send your input to Nancy at NWolff@cdas.com