Essay About American Library Association And Largest Library Association

Interest of the Amicus Curiae
Essay title: Interest of the Amicus Curiae
INTEREST OF THE AMICUS CURIAE
The American Library Association (“ALA”), by its attorneys, respectfully files this
brief Amicus Curiae in support of petitioner Sony Corporation of America. *
* Consent of the parties has been granted and is on file with the Court.
The ALA is the worlds oldest and largest library association. Its 39,000 members
include libraries, librarians, library trustees and friends and patrons of libraries,
representing a wide spectrum of users of copyrighted materials. A principal mission of
the ALA and of libraries is to insure that all in our society have access to information
under terms that are fair both to copyright owners and users of copyrighted works. For
this reason, the ALA throughout its history, has been in the forefront of copyright law
revision. In particular, the ALA was one of the major consultants to the architects of the
Copyright Revision Act of 1976. *
* The Association has worked with coalitions of publishers, other copyright owners
and copyright users in general to establish voluntary guidelines governing photocopying
of library materials for classroom use, educational uses of music, and off-air taping.
The Ninth Circuits decision in this case has major implications for libraries and
librarians and for the publics right of access to information and entertainment. First, the
Courts holding below that “intrinsic” uses of copyrighted materials cannot be “fair” uses
will profoundly affect the ability of librarians to serve their patrons effectively. Libraries
are the critical link in bringing new information technologies to the public at large.
Libraries permit the masses to use such technologies otherwise available only to the
affluent. Thus, many libraries now, and in the future most libraries will, provide patrons
with access to video recorders for “in-library” use. An increasing number of libraries
Page 2
provide off-air tapes of news and other programming for in-library viewing for patrons
who, for financial reasons, may be unable to purchase their own recorders, and who
otherwise would be denied access to broadcast programming. If the decision of the Court
of Appeals is not reversed,