Database Protection bill introduced in the House:

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

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ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 93 
2003

In This Issue: Database Protection bill introduced in the House: 
Action Needed
 
On October 8, 2003, Rep. Coble ( R-NC), introduced database protection
legislation, HR 3261, the "Database and Collections of Information
Misappropriation Act."  The bill was co-sponsored by Rep. Greenwood (
R-PA), Rep. Hobson ( R-OH), Rep. Sensenbrenner ( R-WI), Rep. Smith ( R-
TX), and Rep. Tauzin (R-LA). The bill has been referred to the House
Judiciary Committee Subcommittee on Courts, the Internet and Intellectual
Property.
 
Persistent attempts by large database producers to pass legislation
providing additional protection to databases have resulted in the current
bill. The bill establishes conditions under which a person is prohibited
from taking a "quantitatively substantial" part of the information in a
database and making it commercially available. Libraries and other
opponents believe that the bill could allow database producers to maintain
perpetual ownership rights in a wide variety of data.
 
The bill allows nonprofit educational, scientific and research
institutions to make substantial parts of databases available as long it
is for nonprofit educational purposes but leaves it to the courts to
decide if that use is "reasonable under the circumstances." However, even
this narrow exemption could be overridden by "click-wrap" licenses. This
exemption is wholly inadequate in meeting the needs of those institutions.
The bill exempts databases generated and maintained by any government
entity but leaves some loopholes which might allow publishers who
incorporate government data into their products to lock up that
information.
 
ALA and other opponents of the bill maintain that existing laws are
sufficient to protect the interests of database producers and that
supporters have not adequately proven that their businesses have suffered
as a result. The bill fails to address fair use, to include the "first
sale" doctrine, to allow for the transformative use of the information or
to provide any safeguards for monopolistic pricing.
 
Libraries are working with a large and diverse coalition of opponents
including consumers, educators, and businesses (including
telecommunications, financial services and technology).  Despite years of
concerted efforts, no satisfactory compromises have evolved.  For further
information contact: Miriam Nisbet, ALA Legislative Counsel, at the ALA
Washington Office.  (202-628-8410/1-800-941-8478)
 
IMMEDIATE ACTION NEEDED: 

Ask members of the House Judiciary Committee to defeat H.R. 3261.  It is
important to contact the representatives of the House Judiciary
Committee's Sub-committee on Courts, the Internet and Intellectual
Property (listed below.) http://www.house.gov/judiciary/ Call the U. S.
Capitol switchboard: 202-224-3121.
 
Talking Points

There are many reasons to vote against H.R. 3261 which will significantly
reduce competition in the database market and increase the price to
libraries. Libraries will pay more for less.
 
The bill language is vague and will contribute to increased uncertainty to
the law.
 
The exemption for nonprofit educational and research institutions is
wholly inadequate and does not address the needs of those institutions.
The bill will force these institutions into extensive and expensive
litigation to determine whether the exemption applies.
  
H.R. 3261 is poorly drafted and requires further study.  The proposal
remains controversial after years of attempts to work out agreements among
the interested parties.
 
Sub-committee on Courts, the Internet and Intellectual Property 
Mr. Lamar Smith, chair ( R-TX)
Mr. Henry Hyde ( R-IL)
Mr. Howard Berman ( D-CA)
Mr. Elton Gallegly ( R-CA)
Mr. John Conyers ( D-MI)
Mr. Bob Goodlatte ( R-VA)
Mr. Rick Boucher (D-VA)
Mr. William Jenkins ( R-TN)
Ms. Zoe Lofgren ( D-CA)
Mr. Spencer Bachus ( R-AL)
Ms. Maxine Waters ( D-AL
Mr. Mark Green ( R-WI)
Mr. Martin Meehan ( D-MA)
Mr. Ric Keller ( R-FL)
Mr. William Delahunt ( D-MA) 
Ms. Melissa Hart ( R-PA)
Mr. Robert Wexler ( D-FL)
Mr. Mike Pence ( R-IN)
Ms. Tammy Baldwin (D-WI)
Mr. J. Randy Forbes ( R-VA)
Mr. Anthony Weiner ( D-NY)

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