1. What’s Next for ARSC and Copyright Reform? Tim Brooks ARSC Copyright & Fair Use Committee May 2010

2. Events Thus Far 2005: ARSC Board adopts 1 st ever position statement on copyright: 2005: ARSC Board adopts 1 st ever position statement on copyright:  “Several provisions of U.S. copyright law impede the effective preservation of historic recordings and unduly restrict public access to those recordings.”

3. Copyright & Fair Use Committee Develops 5 Specific Recommendations 1. Place pre-’72 recordings under single, understandable national law (repeal sec 301c). 2. Harmonize federal term with other countries (i.e., 50 to 75 years). 3. Legalize use of “orphan” recordings. 4. Permit use of “abandoned” recordings with appropriate compensation to copyright holder. 5. Permit “best practices” digital preservation.

4. Events Thus Far 2008: Board appropriates funds to engage lobbying firm to introduce ARSC proposals in Washington 2008: Board appropriates funds to engage lobbying firm to introduce ARSC proposals in Washington  “Test the waters”  Met with staff for 20 congressmen  Register of Copyright Marybeth Peters  RIAA  National Recording Preservation Board

5. Solicit Support from Other Organizations To date, seven organizations have endorsed ARSC proposals   70,000+ members American Library Association Association of Moving Image Archivists International Association of Jazz Record Collectors Music Library Association Society for American Music Society of American Archivists And most recently… Popular Culture Association

6. Launch Coalition 2008-09: Launch Historical Recording Coalition for Preservation and Access (HRCAP) 2008-09: Launch Historical Recording Coalition for Preservation and Access (HRCAP)  ARSC  Music Library Association  Society for American Music Establish website Establish website  www.recordingcopyright.org

7. www.recordingcopyright.org

8. Events - 2009 Congressional action on copyright at standstill. Congressional action on copyright at standstill. By backdoor, got language inserted in H.R. 1105. By backdoor, got language inserted in H.R. 1105.  Directs Copyright Office to study desirability and means of repealing state-coverage.  Report to Congress in two years. March 2009: Signed by Pres. Obama. March 2009: Signed by Pres. Obama. May 2009: Panel of copyright experts at DC conference encourages ARSC, gives tips. May 2009: Panel of copyright experts at DC conference encourages ARSC, gives tips. Copyright Office commits to study (reluctantly?), but no action to date. Copyright Office commits to study (reluctantly?), but no action to date.

9. Other Developments Waiting for Copyright Office call for comments. Waiting for Copyright Office call for comments.  Attorney Bruce Epperson joins committee, will assist.  Copyright Office is aware of ARSC! Obama appoints copyright enforcement “czar”. Obama appoints copyright enforcement “czar”.  Surprise choice  Victoria Espinel Espinel requests comments (short turnaround). Espinel requests comments (short turnaround).  HRCAP submits on March 21, 2010  www.whitehouse.gov/omb/intellectualproperty/ One major challenge: One major challenge:  High cost of Washington representation.

10. Copyright & Fair Use Committee Tim Brooks, chair Barry Ashpole (Canada) Bruce Epperson John Geis Michael Gray Richard Green (Canada) Jennifer Matthews Jerry McBride David Patmore (U.K.) Steve Smolian Dick Spottswood

11. What Can You Do? Keep the issue alive within your own organization; still not a well known issue. Keep the issue alive within your own organization; still not a well known issue. Encourage universities/scholarly organizations to take positions. Encourage universities/scholarly organizations to take positions. Encourage “risk assessment” vs. “most conservative approach” by institutional lawyers. Encourage “risk assessment” vs. “most conservative approach” by institutional lawyers. Contact your congressman. Direct contact from constituents makes a difference. Contact your congressman. Direct contact from constituents makes a difference.  “How to” sheet is on recordingcopyright.org SIGN THE PETITION, for goodness sake! SIGN THE PETITION, for goodness sake!

12. www.recordingcopyright.org/joinus.html

13. Name: Aaron M. Bittel on Apr 9, 2009 Comments: Access to our audio heritage is absolutely vital to me as a professional archivist, researcher, educator and musician. Name: Melissa Widzinski on Apr 12, 2009 Comments: The copyright system surrounding audio recordings is absolutely dysfunctional. As a musician, student and aspiring audio archivist, would not want to see the precious, unique (and deteriorating) audio recordings housed at my university lost forever, due to this system. Name: Scott Granlund on Apr 13, 2009 Comments: I am so happy to sign this. 3 cheers to the organizers. May this go forward! Name: Richard P Steuart on Apr 13, 2009 Comments: There has to be a way to get this right, without harming the current recording industry. Name: Anonymous on Jul 28, 2009 Comments: I think this is a very worthy cause! Name: Roger Steffens on Jul 29, 2009 Comments: This is vitally important to preserving materials that otherwise would be lost to history. I am Chairman of the Reggae Grammy Committee. Name: Henry Jasen on Mar 25, 2010 Comments: These efforts give us the opportunity to connect with our cultural heritage that may be lost forever, without a change in policy.

14. Thank You www.recordingcopyright.org www.recordingcopyright.org