Legislation Committee Annual Report 2020

submitted by Samuel Crawford

Current Roster

  • Kyra Folk-Farber, Co-chair (2022)
  • Samuel Crawford, Co-chair (2024)
  • Alyssa Nance (2024)
  • Kerry Masteller (2024)
  • Peter Shirts (2023)
  • Anthony Sharp (2023)
  • Pamela Pagels (2022)
  • Jacey Kepich (2022)
  • Kathleen DeLaurenti (2021)
  • Marci Cohen (ex officio)

List of Previous Goals and Progress Made

  • Goal 1:  Continue to maintain awareness of relevant legislation and respond as appropriate. Progress:
    • The Committee worked with members of ALA’s Copyright Legislation, Education, and Advocacy Network to submit public comments concerning the statutory definition of online publication.
    • The Committee collaborated with members of ALA, LCA counsel, and ARL to help prepare a comment regarding rulemaking relating to implementation of the Music Modernization Act (MMA), specifically regulations for the new blanket licensing system (under 17 U.S.C. 115) for digital music providers to make and distribute digital phonorecord deliveries (e.g., permanent downloads, limited downloads, or interactive streams).
    • Committee Co-chair Kyra Folk-Farber and member Kathleen DeLaurenti participated, via Zoom, in CLEAN (Copyright Legislation, Education, and Advocacy Network) meetings and discussions that took place at ALA Midwinter.
    • The Committee sponsored Understanding How to Implement the Music Modernization Act, presented by members Kathleen DeLaurenti and Kyra Folk-Farber along with Anna Chauvet (representative of the U.S. Copyright Office) at MLA 2020 in Norfolk.
    • Committee members Peter Shirts and Anthony Sharp drafted a public comment in response to the U.S. Copyright Office’s study concerning unclaimed royalties.
    • The Committee followed (and continues to follow) numerous legislative issues related to copyright, via a range of informational networks and channels, including:
      • The copyright infringement lawsuit filed by member companies of the Association of American Publishers (AAP) against the Internet Archive and its “Open Library” and “National Emergency Library” initiatives
      • The U.S. Copyright Office’s rulemaking process for section 1201 (and how to petition for temporary exemptions to this provision), under the Digital Millennium Copyright Act
      • The U.S. Copyright Office’s proposal to update the Music Modernization Act’s (MMA’s) transition period regulations for transfer and reporting of royalties to the Mechanical Licensing Collective (MLC)
  • Goal 2:   Re-examine the Legislation Committee’s charge and scope, and, if deemed necessary, create a new charge that either incorporates public policy that is not necessarily copyright-related, or narrows the focus of the Legislation Committee to copyright and intellectual property legislation. This aligns with MLA’s 2019-2020 objective to “develop and sustain the necessary resources to ensure the vitality of the Association, its programs and services.” It also aligns with the Advocacy Team’s report, which strove in 2012-2013 to “re-examine the Administrative Structure for ways to make MLA’s advocacy initiatives and responses more flexible and timely. […] Considerations to include (among others): create smaller (leaner, meaner) committees with specific advocacy charges; or create a special officer for advocacy […].” Progress:
    • With guidance and approval from MLA President Susannah Cleveland, it was suggested that “public policy” be added to the Legislation Committee’s scope of interests.
    • During the MLA 2020 Annual Meeting in Norfolk, the Legislation Committee agreed to take on the public policy aspect of legislation in order to better align with the Committee’s original charge, historically speaking.
    • To help with this effort, the Committee reached out to MLA membership to recruit those interested in helping with public policy-related legislative issues. The Committee now has a more robust membership of ten (10).
    • The Committee will continue to assess the needs, workload, and output related to public policy issues.  An update on this will be provided in 2021, to better determine if there is a need for a separate Public Policy Committee.
  • Goal 3:  Renew our efforts to build and maintain fair use resources as a living document on the Legislation Committee’s copyright guide webpages (“Copyright for Music Librarians”), in alignment with the core value of access as well as the strategic goal area of education. Progress:
    • Unfortunately, the novel coronavirus (SARS-CoV-2) pandemic has disrupted a significant portion of intended work in 2020 for this Committee, including this particular goal related to access and education. The Committee expects to direct more focus to this in the coming year.
    • Some work for the new year has already begun. Committee members Pam Pagels and Kerry Masteller submitted a joint proposal with the Public Services Committee’s Instruction Subcommittee members Grace Haynes and Veronica Wells for an interactive presentation at MLA 2021, which was accepted. Copyright Frames: Ways of Thinking, Ways of Teaching will focus on teaching copyright basics to students and faculty. The session will provide librarians with strategies, tools, and case studies to help focus their instruction plans. A key component to the presentation will connect the significance of copyright awareness within the ACRL Framework for Information Literacy for Higher Education.

List of Future Goals

  • Goal 1:  Continue to maintain awareness of relevant legislation and respond as appropriate.  This aligns with the goal areas of “Education,” “Advocacy,” and “Value of the Profession” in the MLA Strategic Plan.
  • Goal 2:  Continue to re-examine the Committee’s charge and scope, in regard not only to copyright and intellectual property legislation but also public policy, more broadly; assess any necessary changes to charge and/or scope, and provide updates in 2021.  This aligns with MLA’s 2019-2020 objective to “develop and sustain the necessary resources to ensure the vitality of the Association, its programs and services.” It also aligns with the Advocacy Team’s report, which strove in 2012-2013 to “re-examine the Administrative Structure for ways to make MLA’s advocacy initiatives and responses more flexible and timely. […] Considerations to include (among others): create smaller (leaner, meaner) committees with specific advocacy charges; or create a special officer for advocacy […].”
  • Goal 3:  Expand membership.  This aligns with MLA’s 2019-2020 action plan to “expand membership opportunities at all levels of the Association” and, more broadly, with the goal areas of “Membership” and “Organizational Excellence” in the MLA Strategic Plan.
  • Goal 4:  Increase outreach, advocacy and engagement through instruction and education initiatives related to copyright.  This aligns with MLA’s 2019-2020 action plan to “engage with other fine arts professional organizations to pursue collaborations for meetings, education, and advocacy” and, more broadly, with the goal areas of “Education,” “Advocacy,” and “Value of the Profession” in the MLA Strategic Plan.