Despite fears that Congress's preoccupation with the ongoing impeachment hearings would delay passage of H.R. 2281, the implementation legislation for the copyright treaties adopted by the World Intellectual Property Organization, the 105th Congress voted to approve the WIPO legislation. The passage marks 14 months of contentious negotiations-often pitting publishers against librarians and consumer advocates-over the legislation, which will update international copyright law for the digital age. The bill, also known as the Digital Millennium Copyright Act of 1998, now awaits President Clinton's signature to become law.
Pat Schr der, president and CEO of the Association of American Publishers, hailed the legislation's passage as an economic and technological landmark: "By encouraging the growth of electronic commerce and making the Internet a safe place to do business, we're protecting American jobs in the 21st century." Schr der also issued a challenge to other WIPO countries, urging them to move ahead in approving their own treaties.
Alan Adler, AAP's v-p for legal affairs, told PW that controversial provisions focusing on database protection (which publishers favored) and another providing parental access to online test materials (which they opposed) were both dropped from the final bill, as were sections touching on first sale rights and parallel importation. Many of the provisions were eliminated because the congressional committees were unable to examine them fully because of the crowded congressional calendar, said Adler. He noted that these issues will likely be taken up again in the 106th Congress.
Adam Eisgrau, legislative counsel for the Digital Futures Coalition, which includes the American Library Association, a staunch opponent of many of the copyright owners' proposals, expressed cautious approval of the bill's passage. He noted that Congress had acted to "change copyright law, to protect information and to assure access to it through fair use and other constitutional mechanisms." He noted that Congress had recognized the danger of the U.S. becoming "a pay-per-use society," and applauded the elimination of the database provisions. He also endorsed provisions allowing libraries to increase copying for digital preservation and the sharing of digital copies between qualified institutions. He noted that several issues, including copyright protection for publisher materials used in distance learning programs, will be addressed again in the next congressional session.
