Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures

Perhaps you've been waiting for this? If yes, the Copyright Office issued this at the end of last week. Now that the process is in place, I look forward to how it works when the first claims are actually filed.

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Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures

NewsNet 951
March 25, 2022

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office has published a final rule establishing procedures for the initial stages of a Copyright Claims Board (CCB) proceeding.

The rule provides procedures and requirements for the initial stages of a proceeding, including the following topics:

• Filing claims,
• Opting out of proceedings,
• CCB compliance review,
• Service of the notice of proceeding and claim,
• Service and filing of other documents,
• The CCB’s “second notice,” and
• Filing responses and counterclaims.

Among other provisions, the final rule institutes a two-part fee for filing a claim; standardizes requirements for the claim, response, and counterclaim; and requires certifying parties to affirm that they have confirmed the accuracy of information in the claim.

Additional information is available here.

Starting May 2: U.S. Copyright Law in the Library: A Beginner's Guide

Besides the Fair Use webinar I'm giving on April 13, I am again teaching a six-week online course for ALA on Copyright Law in the Library. Yes, this online, asynchronous course is for library folks who know nothing or very little about copyright law. This is a course that may be too basic for you, but is perfect for your colleagues...especially those who either have a million "why" questions or who ignore that copyright exists. 

Each participant is able to complete the course at their own pace. However, it is best if everyone moves through the course at roughly the same pace, so the online discussion doesn't feel disjointed. [That said, I know that life can get in the way and so moving through more slowly is totally okay.] Of course, I'm in the course with you every day and am available to answer your questions, as well as ask you questions about the scenarios you want to discuss.

Yes, registration is open!

Description

The library is a hub of content, all of it subject to copyright law. The legal reality of copyright is dynamic—changes in technology have created a landscape that is constantly adapting and can be difficult to predict. If you don't have any formal training in copyright law, it can be intimidating to know how to answer your patrons' copyright questions and to know what you can and cannot do with your library’s content and resources. It can be tough to understand the line between providing information and answering a legal question.

In this eCourse, consultant, speaker, writer, and educator Jill Hurst-Wahl guides you through the basics of copyright law and provides you with the foundation to become your library's copyright expert.

Each week, you'll learn how copyright law informs what libraries, library staff, and patrons can do with their materials and how you can stay up-to-date as this area evolves. You'll be able to check and affirm your knowledge through focused self-assessments.

After participating in this course, you will be able to

• Explain the basics of copyright law
• Evaluate whether or not a work is copyrightable
• Determine if a work is still under copyright protection
• Appraise whether a work can be used under Fair Use
• Understand how to locate additional information on U.S. Copyright Law
• Assist a member of the community or library staff in understanding the real meaning of Fair Use

Additional Information

• Format:      eCourses
• Start Date: May 2, 2022, 12:00 am CDT
• End Date: June 12, 2022, 12:00 am CDT
• Duration:  6 weeks
• ALA Member Price: $260.10
• Non Member Price:  $289.00
• Credit Type: Certificate Available upon Completion

Copyright Office Issues Final Rule for Small Claims Procedures for Library and Archives Opt-Outs and Class Actions

I just received this information below from the Copyright Office. This is information many libraries and archives have been waiting for.

By the way, did you read the Fair Use Week article on the Copyright Claims Board? If not, read it here.

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NewsNet 950
March 9, 2022

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office published a final rule establishing procedures for libraries and archives to preemptively opt out of proceedings before the Copyright Claims Board (CCB).

The rule identifies the procedures for a library or archives to preemptively opt out of participating in CCB proceedings by submitting written notification to the CCB of the intent to opt out, along with a certification that the library or archives qualifies for the opt-out provision. Libraries and Archives will be able to do so using an online form, available later this spring. The Office will announce the availability of the form through its NewsNet email service. A library’s or archives’ preemptive opt-out election extends to the acts of its employees acting within the scope of their employment. The rule also provides that the CCB will maintain a list on its website of libraries and archives that have preemptively opted out of CCB proceedings.

In addition, the rule adopts procedures for electing to opt out of class action litigation arising out of the same transaction or occurrence as a CCB proceeding. Any party to an active CCB proceeding who receives notice of such a class action must either opt out of the class action or seek written dismissal of the CCB proceeding within fourteen days of receiving the notice.

Additional information is available here.

Resources from Digitization and Copyright: Lending Digitized Content in a Controlled Manner

On Monday, Tom Blake, Kyle Courtney, and I gave a webinar for ALA members entitled "Digitization and Copyright:  Lending Digitized Content in a Controlled Manner." Over 100 people attended this members only event, including people who were new to controlled digital lending.

Below are resources we gathered for participants. (I know there were some additional ones shared in chat.) We recognize that much has been written on this topic, so these are indeed starting points. For libraries, who want to use CDL to expand the use of their print collections, the CDLI group is a place to learn about implementation.

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A Starting Point for More Information

Getting Started

• Bailey, L. et al. (2018) Position Statement on Controlled Digital Lending.
• Courtney, K. K. & Hansen, D. R. (Sept. 2018). A White Paper on Controlled Digital Lending of Library Books
• Enis, M. (2018) Controlled Digital Lending Concept Gains Ground.
• Ex Libris. (n.d.) Implementing Controlled Digital Lending (CDL) Responsibly and Effectively: A Primer for Librarians.
• Library Futures. (2021) Controlled Digital Lending: Unlocking the Library’s Full Potential.
• OCLC. (2021) Controlled digital lending in two private academic libraries.

 Additional Information

• ARL. (July 2020) Association of Research Libraries Signs Statement in Support of Controlled Digital Lending.
• Association of Southeastern Research Libraries. (2021) Future Thinking: ASERL’s Guide to Controlled Digital Lending for Research Libraries.
• CDL Co-Op. (Oct. 2021) Statement on Using Controlled Digital Lending as a Mechanism for Interlibrary Loan.
• Chief Officers of State Library Agencies. (2020) Position Statement on Controlled Digital Lending by Libraries Endorsed by Chief Officers of State Library Agencies (COSLA).
• Controlled Digital Lending Implementers (CDLI) Google Site.
• NISO (Sept. 2021) NISO Awarded Mellon Funding for Controlled Digital Lending Project.

Webinar: Community Update: Controlled Digital Lending, March 10

FYI...

Community Update: Controlled Digital Lending
March 10 @ 11am PT / 2pm ET
Register: https://us02web.zoom.us/webinar/register/WN_E-Z7q8sYS0-_n37LBCKKdw

From the hundreds of libraries using Controlled Digital Lending (CDL) to meet the needs of their communities to the many working groups and vendors investigating its potential, it’s clear that this innovative library practice is on the rise.

Want to learn more about what’s going on across the community? Join us for a public webinar to hear from active projects, including:

• Controlled Digital Lending Implementers group;
• NISO’s grant from The Mellon Foundation to support the development of a consensus standards framework for implementing CDL;
• Boston Library Consortium’s efforts around CDL for interlibrary loan;
• CDL Co-Op (ILL & resource sharing);
• Internet Archive, with an update on the publisher’s lawsuit against CDL & libraries;
• CDL vendors;
• and more!

Presentations will be followed by a facilitated Q&A. Whether you are new to Controlled Digital Lending or have already implemented it in your library, this session will give everyone an update on where the community is today & where it’s going.

Learn more & register at: http://blog.archive.org/2022/02/16/community-update-controlled-digital-lending/