Resolution concerning Library of Congress licensing agreement.
OCLC Users Council.
Whereas, the Library of Congress has announced that beginning January 1, 1990, a licensing agreement for the use of MARC Distribution Service (MDS) records will be required of all MDS subscribers; and
Whereas, the licensing agreement requires that subscribers pay license fees for certain redistribution of MDS records within the United States in addition to subscription fees for the records; and
Whereas, there is serious doubt as to the legality of the MDS licensing agreement under Title 2 of the United States Code Section 150 (1982), "Sale of copies of card indexes and other publications," and under Title 31 United States Code Section 9701, "Fees and charges for Government services and things of value;" and
Whereas, under Section 105 of the Copyright Act all works produced by all employees of the U.S. Government are in the public domain in the United States; and
Whereas, the bibliographic contributions to the Library of Congress by the library community are ignored in the MDS licensing agreement; now therefore, be it
Resolved, that the OCLC Users Council, on behalf of the more than 6000 libraries that participate in OCLC, urge the Librarian of Congress to withdraw the licensing agreement for redistribution of MDS records; and be it further
Resolved, that no further action be taken by the Library of Congress until the Joint Committee on the Library has had an opportunity to consider holding hearings on the matter; and be it further
Resolved, that the Users Council urge OCLC and the library community to take appropriate steps to oppose efforts by the Library of Congress to charge license fees for, and impose economic barriers to, redistribution of MDS records in the United States; and be it further
Resolved, that this resolution be included in the minutes of this meeting and be transmitted to the Librarian of Congress, Joint Committee on the Library, presidents of library associations and groups, and to the library press as appropriate.
Adopted by OCLC Users Council, 1989 September 22.