Organization: Liverpool Public Library - 315.457.0310 voice
X-Charset: MACINTOSH
Approved-By:  Public-Access Computer Systems Forum <LIBPACS@UHUPVM1.BITNET>
Newsgroups: bit.listserv.pacs-l
Date:         Wed, 29 Jul 1992 12:01:27 CDT
From:         Jean Polly <polly@lpl.org>
Subject:      Re: >Public access software

----------------------------Original message----------------------------
        Reply to:   RE>>Public access software
We also circulate software out of the building.

All software also has a sticker warning folks of the copyright law, the
wording is specified by the Copyright law that went into effect March '91
(more on that below).

I went to Washington a couple years ago to work with ALA on the response to
S 198, the Computer Software Rental Act, sponsored by Orrin Hatch of Utah.
The intent of the bill is to stop the proliferation of software rental
store, like video stores are doing business today.

 The language of the bill is based on the Record Rental act of 1985, which
states that records cannot be loaned. However, in that act, there is an
exemption for libraries and educational institutions. S 198 had no such
exclusion.

When I discovered that I clued Eileen Cooke in on it right away. We worked
with reps of the Software Publishers Assn, Lotus, WordPerfect, etc, on
getting a library exemption. This bill would have prevented loan of software
to anyone who was not the licensed purchaser. A loan was to anyone who was
not the end-purchaser. So, even software use in all academic computer labs
would be illegal. Also elem school labs, let alone my library's circulating
software for home use. Even circing evaluation copies of software to
professors in an academic setting would have been forbidden.

To make a long story shorter, a library exemption was finally added to the
bill. Then 2 months after that the academic types finally got wind of it and
lobbied for their own exemption. As the bill was enacted, there are
education and library exemptions, as long as the carefully-worded sticker is
on everything. Also, there is a sunset clause, the Registrar of Copyrights
has to look at the situation in 3 years and recommend any changes. So the
battle isn't quite over.

The officially mandated wording for the sticker is as follows:

"Notice: Warning of Copyright Restrictions
The copyright law of the United States(Title 17, United States Code) governs
the reproduction, distribution, adaptation, public performance, and public
display of copyrighted material. Under certain conditions specified in law,
nonprofit libraries are authorized to lend, lease, or rent copies of
computer programs to patrons on a nonprofit basis and for nonprofit
purposes. Any person who makes an unauthorized copy or adaptation of the
computer program, or redistributes the loan copy, or publicly performs or
displays the computer program, except as permitted by Title 17 of the United
States Code, may be liable for copyright infringement. This institution
reserves the right to refuse to fill a loan request if,in its judgement,
fulfillment of the request would lead to violation of the copyright law."

Naturally I have a LOT of problems with this wording, not the least of which
that it supposes I am going to ASK all my clients if they are going to use
the software for nonprofit reasons... right- like I ask them that about the
BOOKS they are taking out. Oh well, that is outside the scope of this brief
letter.
Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU