The medium or method for committing an infringement is not insignificant, it is the unauthorized use of copyrighted material that is at issue. We urge legislators to allow a reasonable period for the application of current copyright law to the NII in order to determine whether any amendment is necessary. The 1976 revision of the copyright law codified fair use and extended the doctrine to include unpublished materials for the first time. The courts have been stricter in the application of these tests to unpublished and published material. We fear that the proposed changes in legislation may further reduce or even eliminate the doctrine of fair use.
Archives provide the public with access to unique documents and manuscript collections.
Unlike published material, archival material is not available in multiple copies. Researchers, who range from school children to scholars to the 20 million Americans who are actively researching their family history, have had to invest time and travel in order to use these collections. The Internet will allow archives to make information about their holdings, and even actual documents and manuscripts, electronically available for research at home or school. For example, the National Archives and Records Administration has made On-Line Exhibitions available on its web site. This exhibit displays a collection of gifts which the American people sent to the President of the United States.