Revising Section 108: Meetings Summary and Participant List

In late June through early August of 2016, the U.S. Copyright Offices held nearly 40 meetings with interested persons and organizations regarding potential updates to section 108 of the U.S. Copyright Act. The meetings followed years of prior study, symposia, and more recently, congressional review of section 108—a process that is part of a broader analysis of what is and isn’t working well in the digital environment. The Copyright Office’s meeting invitation and extensive information regarding the legal background, policy rationale, and substance of section 108 was formally published in the Federal Register on June 7, 2016 and may be found on the Copyright Office website at http://copyright.gov/policy/section108/.

Copyright Office policy experts met in person and via telephone with a wide spectrum of interested parties, from individuals to representatives of large organizations, including libraries, archives, museums, publishers, and trade associations; as well as creators, scholars, and legal practitioners. Participants responded to a variety of important questions, including eligibility requirements; rights affected; copies for preservation, security, deposit in another institution, and replacement; copies for users; preservation of internet content; and contractual obligations. See the Copyright Office’s notice of inquiry, for more information on the meeting topics. Significantly, this one-on-one meeting process enabled the Office to hear from some parties in the copyright ecosystem, such as smaller organizations, who might not have had the resources to participate in a more formal process.

The Copyright Office greatly appreciates the time and attention of those who answered our questions and shared their perspectives. The Copyright Office heard a variety of viewpoints, including those who strongly support legislative amendments and those who question whether updates are necessary, those who are concerned about whether a legislative process will appropriately reflect all perspectives, and those who are skeptical that consensus driven solutions will be possible. These are important concerns and they will no doubt be critical factors in Congress’s deliberations. The Copyright Office appreciates the diversity of views and is carefully considering them as we prepare our conclusions and policy recommendations. We look forward to additional, productive discussions as the process continues.

Meeting Participants