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20 Legal Information Alert 1 (2001)

handle is hein.lbr/leinfal0020 and id is 1 raw text is: What's new in legal publications, databases, and research techniques Volume 20, No. 1 January 2001 Contents Legislative Review 2000: Three Strikes, But They're Not Out For Your Information Fingerman Appointed BIA Editor New Sources 1 6 7 Database Report 14 Publishers 16 Index 16 Legislative Review 2000: Three Strikes, But They're Not Out by Samuel E. Trosow For the past two years, I have reviewed the efforts to enact a database bill in the U.S. Congress. In the 105th Congress, all attempts to extend copyright-type protec- tion to collections of data and facts failed. In this review, I will cover the Year 2000 developments on the database legislation in the 106th Congress. I will also review funding for the Federal Depository Library Program (FDLP), the anti-circumvention regulations, and the Uniform Computer Information Transactions Act (UCITA). Three Strikes for the Database Bill (But They'll be Back) In my review of the previous Congress, Copyright and the 105th Congress (Legal Information Alert, vol. 18, no. 1, January 1999), I was able to report the good news that the information industry-backed database bill (H.R. 2652) was not enacted into law. The bill was reintroduced in the 106th Congress as H.R. 354. As this is being written, it is December and the 106th Congress is still in session. While anything can happen at the last minute, it seems reasonably certain that H.R. 354 is dead. This represents the third consecutive Congress in which an access-destructive database bill has been defeated. While this marks another victory for AALL and its coalition partners in the library, research, and education communities, it is certain that the battle will continue into the 107th Congress. In a rather acerbic statement issued in October, H.R. 354 sponsor Rep. Howard Coble (R-SC) said: ...this will now be the third Congress in which legislation protecting databases has failed to become law. Over the past years, the opponents of such legislation have done all they can to prevent legislation from moving forward and maintain the status quo, so they may pirate the work of others due to the current gap in protection. They first claimed there was no need for legislation. Then subse- quently, they admitted there was, in fact, a need as long as they could get a carve-out for themselves-how selfishly convenient. This issue will not go away. Now, more than ever, America's database producers need sufficient protection to ensure the continued investment in developing these information products. Their vulnerability remains as the pirates still sail without fear. Rest assured, Mr. Speaker, I will do everything I can next session to finally pass legislation which benefits database producers and, therefore, benefits American consumers. (Congressional Record, October 11, 2000, H 9639-40) Talk about a sore loser. Rep. Coble, librarians are not pirates. Nor is our legislative program motivated by selfish convenience. This statement shows us that we can expect the database battle to continue unabated into the 107th Congress and points to continued on page 3

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