The American Library Association is calling for a grassroots action against the Database and Collections of Information Misappropriations Act (HR3261). The ALA feels that the bill, which will assign copyright protection to factual databases, is steadily making its way through Congress, and without protest, will be voted into law. Commons-blog has posted the letter outlining the ALA's call.

I'm sure many Kairosnews readers would agree that more legislation for content providers that decreases access to intellectual property is *not* what our society needs right now. Nor will you be surprised that Reed Elsevier is one of the companies lobbying for the bill. The ALA website information page on the bill gives a good overview of the implications of this act. Excerpt follows:

If passed, H.R. 3261 would protect anyone who either creates or maintains a database from unauthorized use of the information included in it. This bill challenges the traditional notions of "fair use" and goes further in seeking copyright protection for the facts held within the database. Facts have never been eligible for copyright protection. Furthermore, the bill could create perpetual ownership rights in a wide variety of data.

The bill's ambiguous language will lead to uncertainty and increase the likelihood of litigation, a threat that will chill investment in innovative information products. For example, the bill does not adequately define "time sensitivity" of the data and thus provides little guidance to publishers and the courts. Libraries could be legally liable for performing traditional library functions (e.g., inter-library loan, creating bibliographies). A minimal amount of harm to a database producer could be sufficient to base a claim of misappropriation. Anyone found to be liable could be fined triple damages.

The broad protections granted to database producers by this bill would lead to reduced competition in the database market and consequently higher prices for libraries. This trend will exacerbate a market environment in which the cost of academic journals and access to technical, scientific and medical information is already straining the limited resources of libraries and educational institutions. The advancement of research, the promotion of progress and innovation will be further jeopardized.

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