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Copyright regulations and libraries: The CASE Act and how to make your voice heard - Shared screen with speaker view
David Hansen
19:25
Yes, we will record! Just started
Kitty Luce
32:21
Belated greetings from lovely Vallejo, CA!
Dave Rodriguez
37:15
Does the exemption of Federal or State government entities extend necessarily to public state university and college libraries?
Alvin Lee
37:57
What about Land Grant institutions?
Will Cross
37:59
Often yes to the institution but not necessarily to the individual employees as Dave will tell us more about in a minute.
John Burger, ASERL
38:26
I was wondering the same -- are state-funded libraries exempt automatically, or would they need to pre-emptively opt-out?
Will Cross
41:44
https://www.copyright.gov/rulemaking/case-act-implementation/library-opt-out/
Carmen Orth-Alfie
45:25
Note: regulations.gov now allows comments to summit as "anonymous".
Kyle Courtney
52:35
CC-BY for the win!
Dave Rodriguez
53:00
Re-iterating this comment from earlier in the chat:
Dave Rodriguez
53:21
Does the exemption of Federal or State government entities extend necessarily to public state university and college libraries? Is there extra “opting out” that needs to occur in this situation?
Susanna Smith
53:22
As part of a large state consortia … it doesn’t appear the consortia would be able to opt out on behalf of all the libraries within it, right?
Lia Horton
53:42
Can you share context for what the "opt out" means if it only applies to institutions and not employees?
Donna Nixon
54:40
Is the opt-out provision part of the Act or is that a regulatory proposal? Why not an opt-in for libraries?
Alyssa Nance
54:42
The text of the proposed rulemaking makes it sound like Copyright Office has already gone through a good deal of opinions and has sort of already made up their minds about things, including treating library employees as individuals who can be named as respondents. Are they likely to change their minds about anything they specifically address in that document?
Dave Rodriguez
55:31
Thank you!
John Burger, ASERL
55:56
ASERL could not opt-out on behalf of our members
Susanna Smith
56:07
(And that goes back to state entity, too ...)
Danelle Orange
56:14
Q: What is the definition of publicly accessible libraries? For instance, does interlibrary loan count in terms of access? Or are they talking about physical access?
Kyle Courtney
56:16
Do you suggest we use the Office's language in the notice (E.g. “Moreover, the CASE Act expressly offers the preemptive opt-out option to “a library or archives,” but does not mention employees.”) as a means of developing a counter argument?
Brittany Overton
56:35
I apologize for the naivete of this question, but I'm wondering your thoughts on the risks associated with opting out. For example, will CASE encourage additional lawsuits, even if it means it is the most costly ones, with libraries potentially facing larger costs due to opting out?
Kyle Courtney
59:11
Everyone loves a citation (even their own work)! Thanks!
Will Cross
01:01:41
*ESPECIALLY* to their own work, Kyle. :)
Kyle Courtney
01:01:54
At least in a federal court there would be a well tread process, rules of evidence, defenses available!
Alvin Lee
01:02:10
Most Scholarly Communications Librarian are, by default, also the Copyright Librarian. Would you suggest posting this information to a ListServ?
Sue Gardner
01:02:26
I would like to hear an answer to Alyssa's point. Thanks.
Kyle Courtney
01:02:47
+1 Alyssa
Dave Rodriguez
01:03:37
Has there been any discussion about how the CO will handle trolls/abuse of the system? I’ve read that there is a lot of concern about folks filing frivolous suits in order to get default settlements.
Susanna Smith
01:03:39
+1 for MORE letters from us
John Burger, ASERL
01:04:25
Like Dave, I'm wondering about copyright trolls / frivolous lawsuits.
Jonah McAllister-Erickson
01:04:29
how will the slides and recording be shared?
Peggy Higgins
01:04:30
I agree with Susanna's point. More response means our concerns are recorded.
Kyle Courtney
01:04:47
As far as minds made up, the House and Senate Judiciary Committees did NOT include the blanket opt-out for libraries in the CASE Act in the versions they passed. And there was no Congressional record established about the blanket opt-out initially. So this is all new! Comments matter!
David Hansen
01:04:59
Just realized y’all were staring at a mostly not important slide :)
David Hansen
01:06:31
Yes we will share the recording and slides
Laura Burtle
01:07:01
Re trolls the act includes "The Register of Copyrights may establish regulations relating to the permitted number of proceedings each year by the same claimant under this chapter, in the interests of justice and the administration of the Copyright Claims Board."
Dave Rodriguez
01:07:20
@Laura, thank you!
Laura Burtle
01:07:27
So hopefully there will be regulations limiting potential activity...
Kyle Courtney
01:07:39
See 7 Patry on Copyright § 28:11 "CASE Act will be a copyright troll assembly line"
Laura Burtle
01:08:00
Sigh, Kyle
Sue Gardner
01:09:17
We plan to contact our student legal services office to give them a heads up about this (Univ of Nebraska-Lincoln)
David Hansen
01:09:47
Ooh, that’s a great idea Sue!
John Burger, ASERL
01:09:54
Thanks, all. Very worthwhile.
Jennifer Beamer (she/her)
01:10:07
Thank you~
Stacey Rowland
01:10:07
Ty, all!
Kyle Courtney
01:10:07
THANKS LCI folks!! Awesome
Dave Rodriguez
01:10:08
Thanks to panel for a great presentation and discussion!
Kristy Padron
01:10:09
Thanks for the updates!!
Peggy Higgins
01:10:11
Yes, thanks for the opportunity to learn more about this.
Susanna Smith
01:10:12
Thanks so much for this - It was very under my radar
Helen-Ann Brown Epstein
01:10:13
thanks. i learned alot.
Paula Damasceno
01:10:14
Thank you!
Tom Andruszewski
01:10:15
Thank you.
Lena Denis (she/her)
01:10:15
Thank you!
Molly Keener
01:10:16
Thanks!!
Holly Kozlowski
01:10:17
Thank you!
Khaleedah Thomas
01:10:18
Thank you!
Richelle Reid
01:10:19
Thank you!
Damian Yukio Romero Diaz
01:10:19
Thank you!
Mary Plummer
01:10:20
Thank you.
Amy Trepal
01:10:21
Thank you!
Cindy Kristof
01:10:21
Thank you so much for this. Great session.
Barbara Dietsch
01:10:21
Thank you!
Jacqueline Solis
01:10:22
Thank you all so much!
Kitty Luce
01:10:22
Thanks!
Mike Priehs
01:10:22
Thank you.
Ann Penke
01:10:25
Thank you for the information.
Sandra Enimil
01:10:25
Thanks!
Bonnie Thornton
01:10:26
Thank you!
Alvin Lee
01:10:27
Thank you for the update.
Amy Dygert
01:10:30
thanks!
Sarah Probst
01:10:31
Thank yoU!
Bertha Chang
01:10:31
Thank you!
James Sobczak
01:10:31
Very informative - thanks!
Rebecca Quintus
01:10:32
Thank you all for the informative presentation!
Lisa Macklin
01:10:32
Thanks!
Danelle Orange
01:10:32
thanks
Maryam Fakouri
01:10:32
Thank upi!