VALL Legislative Awareness Committee VALL UCITA Statement

During the advisory committee's deliberations and hearings several "library" amendments were offered. The first library amendment was rejected by the committee by a narrow vote, and the library community was asked to tighten the language of the amendment. The second library amendment was rejected in a 12-12 vote (tie votes failed per committee procedure). After the defeat of the second library amendment, the library community negotiated with UCITA proponents, resulting in the language of a new "library amendment." The Virginia Library Association, which was represented by a VLA member on the special advisory committee, decided to support the negotiated amendment and withdrew opposition to UCITA. VLA noted that it was acting to provide some protection for its members' libraries and staff. VLA believed that a narrow accommodation was better than nothing and that the "library amendment" was a compromise resulting from negotiations based on the fact that UCITA will become effective in Virginia on July 1, 2001. In addition, VLA agreed not to seek additional amendments to UCITA prior to the 2003 legislative session.

The various amendments, as well as other information about UCITA, can be found at the web page for the Advisory Committee #5 of the Joint Commission on Technology and Science (JCOTS). A complete listing of the membership of the Advisory Committee, which reflects heavy representation from the technology sector, is available at this web page. To view the text of the amendments considered by the Advisory Committee, select the "2000 UCITA Study Files," scroll down to the listing of the various meetings, and select either summary or handouts for the meetings. Library amendments are included in the handouts for the meeting in Lynchburg (Sept. 12, 2000) and the final meeting in Richmond, VA (Nov. 9, 2000). The final "library amendment" appears in the handouts for the Jan. 9, 2001 meeting of JCOTS. UCITA legislation in Virginia, as amended during 2001, appears at this site.

The Virginia Association of Law Libraries was not represented on the special advisory committee, although a law librarian did serve on the advisory committee as a representative of the courts. The Virginia Association of Law Libraries reviewed, debated, and discussed the amendment in question, but elected to remain neutral during the negotiations between the VLA and the UCITA proponents.

Explanation of the VALL Position:

The Virginia Association of Law Libraries elected to remain neutral during the negotiations of the "library amendment" for the reasons stated below that relate specifically to the impact of UCITA on Virginia's libraries. This list does not include other very serious concerns that many VALL members have about UCITA overall.

• The scope of the amendment is very narrow. It applies only to tangible copies obtained by libraries, such as CD-ROMs, at a time when publishers are moving away from tangible products towards the online environment.
• The amendment does not apply to online databases or to other content distributed directly over the Internet, therefore having a very limited and short-term benefit for libraries.
• The amendment only establishes a default rule that a nonprofit library, archive or educational institution may engage in their traditional lending and preservation functions (already authorized under the Copyright Act), but this rule can be varied by a term in a standard form license if the term is conspicuous and the library specifically manifests assent.
• VALL's membership is diverse, representing members from different types of law libraries. The amendment only applies to non-profit libraries, archives, and educational institutions. VALL cannot support a compromise that draws distinctions regarding how the libraries of its members in the non-profit sector and the for-profit sector are treated.
• The Virginia amendment falls short of being a national model for the library community. The Virginia amendment is not a national "fix" for libraries because it fails to resolve many of the serious problems that UCITA creates for libraries, such as the extent to which rights under federal copyright law may be limited by state contract law.

As one of many Virginia-based library associations, VALL considers its options in the UCITA debate completely open. While the Virginia Library Association elected to withdraw opposition to UCITA, VALL may elect, for the reasons outlined above, at some point in the future to propose amendments to the existing law. In addition, individual law librarians who are members of VALL obviously may take any position on the "library amendment" and/or UCITA that he or she believes best represents the interests of his or her library.

For further information, contact:

Donna Bausch, President Virginia Association of Law Libraries Norfolk Law Library 999 Waterside Drive #1300 Norfolk, VA 23510 757-622-2910

Timothy L. Coggins, Chair Legislative Awareness Committee School of Law Library University of Richmond Richmond, VA 23173 804-289-8218

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