Hawaii 2023 Regular Session

Hawaii Senate Bill SCR70

Introduced
3/10/23  
Refer
3/15/23  
Report Pass
4/4/23  
Engrossed
4/5/23  

Caption

Urging The United States Congress To Amend Federal Copyright Law To Explicitly Protect Current Lending Practices Of Nonprofit Online Libraries.

Impact

If enacted, the resolution would encourage a shift in federal copyright legislation to explicitly allow nonprofit online libraries to lend digital copies of books without infringing on copyright. This change would safeguard existing lending practices that involve lending digital versions of books while ensuring that the number of digital copies lent does not exceed the hardcopies in the library's inventory. The resolution recognizes the significant role these libraries play in enabling access to knowledge, particularly in a digital age where traditional means of borrowing books may not suffice.

Summary

SCR70 is a Senate Concurrent Resolution urging the United States Congress to amend federal copyright law to protect the lending practices of nonprofit online libraries. It emphasizes the importance of access to publications for fostering an informed populace, which is a cornerstone of democracy. By supporting nonprofit online libraries in maintaining and lending digital versions of books, SCR70 seeks to facilitate broad access to knowledge and educational resources for the public without the constraints imposed by current copyright laws.

Contention

The resolution springs from concerns raised by various publishers about the legality of nonprofit online libraries' lending practices, particularly highlighted by the ongoing case of Hachette Book Group, Inc. v. Internet Archive. An adverse ruling in this case could limit the capacity of nonprofit online libraries to serve their patrons effectively, sparking significant controversy over the balance between copyright protections and public access to books and educational materials. Proponents argue that protecting these lending practices is crucial for maintaining the availability of information, whereas opponents from the publishing industry may view such measures as undermining their rights.

Companion Bills

HI SR63

Same As Urging The United States Congress To Amend Federal Copyright Law To Explicitly Protect Current Lending Practices Of Nonprofit Online Libraries.

Similar Bills

HI SR63

Urging The United States Congress To Amend Federal Copyright Law To Explicitly Protect Current Lending Practices Of Nonprofit Online Libraries.

CA SB456

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NV AB197

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CA AB744

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US SB326

American Music Fairness Act This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to get a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.

US HB791

American Music Fairness Act of 2023