Katherine Klosek, Director, Information Policy and Federal Relations, ARL
Contributions from the Canadian Association of Research Libraries (CARL) by Katherine McColgan, Manager, Administration and Programs, CARL
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The monthly Public Policy Briefing highlights developments in ARL’s public policy priorities, issues that are relevant to the research library community in the United States and Canada, and details on advocacy conducted by ARL and CARL. Please encourage your colleagues to sign up for the Public Policy Briefing.
If you have questions or suggestions, please email me at kklosek@arl.org.
This month, the US Supreme Court held oral arguments in Cox v. Sony, a case that will determine the extent of secondary copyright liability for internet service providers, with implications for internet users throughout the US; a decision in the case is expected this summer.
ARL and CARL joined an international coalition in signing a statement calling on policymakers to ensure that memory institutions retain the same rights and responsibilities in the digital environment that they have historically enjoyed with physical collections. The Statement on Digital Rights for Protecting Memory Institutions Online was championed by Our Future Memory and the Internet Archive.
The World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR) discussed proposals for limitations and exemptions for cultural heritage institutions; SCCR will continue these conversations during the next meeting in May 2026.
The Library Copyright Alliance and members of the Re:Create Coalition are concerned about a bill that would remove the Library of Congress’s supervisory authority over the US Copyright Office.
In a win for libraries, archives, and museums, a US federal court issued a permanent injunction against the Trump administration’s attempts to dismantle the Institute of Museum and Library Services (IMLS).
Read on for more details!
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Copyright and Fair Use/Fair Dealing
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Federal Funding for Library Priorities
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CARL Participates in Consultation for Canada’s AI Strategy
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In response to Canada’s 30-day national sprint to shape a renewed AI strategy, CARL submitted a brief focusing on three pillars: building enabling infrastructure; education and skills; and research and talent. CARL’s comments were directed to which infrastructure gaps (compute, data, connectivity) are holding back AI innovation in Canada; what Canada can do to ensure equitable access to AI literacy, enhance AI literacy in Canada, including awareness of AI’s limitations and biases, and the skills required for a modern, digital economy; how Canada can best support their development and deployment in the workforce; and reinforcing Universities Canada’s position on attracting, developing, and retaining top AI talent across research, industry and the public sector.
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Copyright and Fair Use/Fair Dealing
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US Supreme Court Hears Oral Argument in Copyright Liability Case
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The US Supreme Court held oral arguments in Cox Communications v. Sony Entertainment Music, a case that will determine the standard by which internet service providers (ISPs) can be held liable for contributory copyright infringement based on the activities of their users.
The Copyright Act does not specify a standard for contributory infringement, and thus the standard is entirely judge-made. Section 512 of the Digital Millennium Copyright Act (DMCA) provides ISPs a safe harbor against liability for damages for infringing activity by their subscribers so long as the ISPs adopt and reasonably implement a policy that terminates the accounts of repeat infringers. In 2018, Sony sued broadband provider Cox, arguing that Cox lost its safe harbor protection and became liable for its subscribers’ infringing activities when it did not adequately terminate accounts of subscribers who repeatedly downloaded or shared copyrighted files without permission.
A jury initially found Cox liable for willful contributory and vicarious infringement, and awarded $1 billion in statutory damages to Sony. On appeal, the US Court of Appeals for the Fourth Circuit vacated the $1 billion award for vicarious liability, based on its finding that Cox did not profit financially from the infringement. However, the court affirmed the jury’s finding that Cox was liable for willful contributory infringement, because Cox was put on notice about instances of repeat infringement.
The issue before the Supreme Court was the appropriate standard for determining contributory infringement. Sony argued that liability attached if a person makes a material contribution to infringing conduct with knowledge that the infringement was likely to occur. Cox, on the other hand, argued that mere knowledge was not sufficient; the defendant also had to intend that the infringement occur.
During the oral arguments, Cox’s lawyer made the case that a knowledge-based standard would force ISPs to shut down internet connections in libraries, hospitals, and entire regions in response to notices alleging copyright infringement. Sony’s lawyer argued that an intent-based standard would be too hard to meet, and as a practical matter would mean that ISPs would never be liable for contributory infringement. This would render the DMCA safe harbor unnecessary with respect to ISPs.
ARL joined an amicus brief in support of Cox, urging the Supreme Court to reverse the lower court ruling. Amici—including the American Library Association (ALA) and the Re:Create Coalition—explained that the ruling could put internet access at risk for millions of users if ISPs terminate internet access in order to avoid contributory copyright infringement liability, based solely on copyright infringement allegations.
A decision in the case is expected by the end of June.
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ARL and CARL Join International Coalition in Statement Supporting Digital Rights for Memory Institutions
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ARL and CARL joined libraries, archives, and museums worldwide in signing the Statement on Digital Rights for Protecting Memory Institutions Online. The statement calls on policymakers to ensure that memory institutions retain the same rights and responsibilities in the digital environment that they have historically enjoyed with physical collections.
Memory institutions play an essential role in preserving and providing long-term access to cultural, artistic, and scientific knowledge. However, these institutions increasingly face barriers as much of the world's information remains undigitized while digitally published materials are often locked within commercial platforms that restrict the institutions’ public service mission.
The signatories—including ALA and the International Federation of Library Associations and Institutions (IFLA)—call for legal protections ensuring memory institutions can collect materials in digital form, preserve and reformat digital materials for long-term availability, provide controlled access for research and patron use online, and cooperate with other institutions by sharing digital collections. The statement urges policymakers worldwide to adopt these principles into law and protect memory institutions from predatory contracts and excessive restrictions that would undermine their essential public mission.
Read this blog post by Internet Archive for more information.
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WIPO Standing Committee on Copyright and Related Rights Discusses Proposals on Library Limitations and Exceptions
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In the weeks before the December meeting of the WIPO SCCR, two proposals for international legal instruments for exceptions and limitations, including for libraries and archives, were introduced. First, the African Group proposed a complete draft instrument that included, among other topics, detailed provisions concerning preservation and access to preserved copies. Then, the chair and vice-chair of the committee proposed a more general framework for an instrument that also addressed, among other topics, preservation by cultural heritage institutions. Also, at the last minute, the United States presented updated versions of its previously introduced proposals for objectives and principles for (1) libraries, archives, and museums; and (2) educational, research, and teaching institutions.
At the SCCR meeting, the vice-chair explained the framework he and the chair had developed. The African Group then made a presentation on its proposal. The committee discussed the proposals in closed session, resulting in a plan to look for points of convergence among all documents before the committee (the African Group’s proposal, the chair’s proposal, and the US principles and objectives documents), which will form the basis for discussion at SCCR 48 in May 2026.
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Legislation Proposes Removal of Library of Congress’s Supervisory Authority over US Copyright Office
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The Legislative Branch Agencies Clarification Act (H.R. 6028) would change how the librarian of Congress, register of copyrights, and director of the Government Publishing Office (GPO) are appointed. The bill would also end the Library of Congress’s supervisory authority over the Copyright Office.
The librarian of Congress and director of the GPO are presently appointed by the president upon advice and consent of the Senate. Under H.R. 6028, a congressional commission would recommend three candidates for appointment, and House and Senate leadership would make the final choice by majority vote. As for the register of copyrights, a bipartisan committee would recommend three candidates whom the president could consider, though the president could nominate anyone, and the Senate would then vote on confirmation. The register would have authority to hire Copyright Office staff.
A bipartisan congressional process to appoint the librarian would create independence from the president, and does not by itself raise serious concerns. However, the bill’s proposal for ending the Library of Congress’s supervisory authority over the US Copyright Office—historically, a legislative agency with some executive functions—raises questions about the future of the relationship between the library and Copyright Office.
The bill removes supervisory authority of the Library of Congress over the Copyright Office in several areas, including setting and managing fees and licensing; appointing and overseeing Copyright Royalty judges; and administering the Digital Millennium Copyright Act Section 1201 rulemaking process. However, the bill does not specify whether the Copyright Office would remain in the legislative branch, raising questions about the future relationship between the office’s mandatory deposit role and the development of the national collection administered by the Library of Congress.
Read the Library Copyright Alliance’s analysis of the bill, and a Re:Create Coalition letter that ARL joined asking Congress to consider the bill under regular order.
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CARL Comments on Consultation by Global Affairs Canada on Upcoming Canada–United States–Mexico Trade Agreement
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In its response to the consultation by Global Affairs Canada on the upcoming Canada–United States–Mexico Agreement (CUSMA), CARL asks the government to consider: (1) preserving current labor provisions that streamline cross-border hiring of librarians and recommit to the current CUSMA goal of eliminating discrimination in employment and occupation, (2) retaining the existing Canadian Copyright Act, affirming obligations under the Marrakesh Treaty, (3) reinforcing critical importance of personal information protection and privacy measures, (4) recognizing Canada’s obligations under the UN Declaration on the Rights of Indigenous Peoples Act, and (5) ensuring books, journals, periodicals, textbooks, and other printed materials are exempt from tariffs and eligible for duty-free treatment.
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CARL Issues Statement on Chapter Course Readings Services
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In recent months, a company representing a consortium of Canadian academic publishers has been contacting libraries and instructors to promote an on-demand course readings service. This service allows instructors to request individual book chapters from a curated collection of works for delivery to students via course reserves systems or campus bookstores. While CARL supports the rights of instructors and institutions to access and share course materials in ways that meet their educational needs, we were concerned that the service openly posits an interpretation of fair dealing that does not align with Canadian jurisprudence or the education sector’s established best practices. In response to this, CARL published a statement on Chapter Course Readings Services and Copyright that highlights users’ rights under fair dealing.
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Federal Funding for Library Priorities
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US Federal Court Issues Permanent Nationwide Injunction Against Trump Administration’s Efforts to Dismantle IMLS
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On November 21, the US District Court for the District of Rhode Island issued a permanent injunction against the Trump administration’s attempts to dismantle the Institute of Museum and Library Services (IMLS), the Minority Business Development Agency, the Federal Mediation and Conciliation Service, and the US Interagency Council on Homelessness.
The permanent injunction essentially replaces the preliminary injunction that was the subject of a September amicus brief joined by ARL, ALA, American Federation of State, County & Municipal Employees (AFSCME), and museums and other cultural organizations. In that brief, amici demonstrated how critical IMLS programs—including National Leadership Grants for Libraries, the Laura Bush 21st Century Librarian Program, and Grants to States—directly support library and museum services and strengthen the workforce in communities nationwide. Beyond documenting the significant funding losses that libraries, museums, and communities are facing, amici described the unique expertise and skill housed at IMLS, and the role that IMLS program officers played in working with libraries and museums to develop programs and linking them to broader national priorities.
An appeal of the preliminary injunction was dismissed. ARL will continue to monitor this case for a potential new appeal by the federal government.
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About the Association of Research Libraries
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The Association of Research Libraries (ARL) is a nonprofit membership organization of research libraries and archives in major public and private universities, federal government agencies, and large public institutions in Canada and the US. ARL champions research libraries and archives, develops visionary leaders, and shapes policy for the equitable advancement of knowledge.
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