ARL Public Policy Briefing
August 2025
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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 Library Copyright Alliance (LCA) joined an amicus brief opposing class certification in the generative AI case, Bartz v. Anthropic. The US District Court for the District of Columbia denied a third motion filed by Shira Perlmutter to prevent her removal as register of copyrights. A bipartisan group of US senators introduced another discussion draft of a site-blocking bill, which excludes libraries from obligations to block websites.
The Senate advanced appropriations bills that would fund research library priorities for FY 2026. Both chambers of Congress need to pass all 12 appropriations bills by September 30 to avoid a government shutdown or continuing resolution.
Updates from CARL include comments to the Canadian government on the fall 2025 budget, and recommendations to ensure bilingual infrastructure and position science in French as a pillar of the Canadian identity.
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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Copyright and Fair Use/Fair Dealing
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Library Copyright Alliance Joins Amicus Brief Opposing Class Certification in Bartz v. Anthropic
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On August 26, the parties in the Bartz v. Anthropic generative AI copyright lawsuit announced they had reached a settlement agreement; details of the settlement have not been released.
Prior to the settlement, the trial court had certified a class of the owners of the copyrights in the books downloaded by Anthropic from “shadow libraries.” Anthropic appealed the class certification to the US Court of Appeals for the Ninth Circuit. In an amicus brief, Authors Alliance, Electronic Frontier Foundation (EFF), ARL, American Library Association (ALA), and Public Knowledge asked the Ninth Circuit to reverse the class certification.
The brief explained that the trial court did not conduct the rigorous analysis of the members of the class that is required by law. Amici argued that the trial court minimized the diversity of interests of the copyright owners, and the complexity of determining the ownership of the copyrights of potentially millions of books. Further, important copyright questions would be left unresolved by the courts if Anthropic were to settle to avoid potential liability for billions of dollars.
The class certification appeal is stayed pending the trial court’s review of the fairness of the settlement to members of the class. This sort of review typically involves a lengthy, complex process.
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Court Denies Motion by US Register of Copyrights for Injunction Pending Appeal
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The US District Court for the District of Columbia denied an injunction requested by US register of copyrights Shira Perlmutter that would have temporarily prevented her removal while she appealed the court’s earlier rulings. Previously, Judge Timothy J. Kelly denied Permutter’s requests for a temporary restraining order seeking to prevent her removal, and another motion for a preliminary injunction. In denying the most recent motion, Judge Kelly wrote that Perlmutter “has again failed to show that she will be irreparably harmed absent her requested relief.”
The Trump administration attempted to remove Perlmutter from her position as register of copyrights and director of the US Copyright Office on May 10. Perlmutter sued in response, claiming her termination was unlawful. Perlmutter’s claims of irreparable harm centered on her “statutory right to function” in the role to which she was appointed, and the threats to the ability of the Library of Congress and Copyright Office to perform their assigned functions as intended by Congress.
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Discussion Draft of Site-Blocking Legislation in US Senate Includes Carve-Out for Libraries
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A bipartisan group of US senators introduced a discussion draft of legislation that would create a two-step process to empower copyright holders to block access to websites that engage in alleged piracy. Under the Block Bad Electronic Art and Recording Distributors Act of 2025 (Block BEARD Act), a copyright holder could petition a federal court to designate a website as a “foreign digital piracy site.” Once the website is so-designated, the copyright holder could petition for orders requiring US service providers to block access to the site. The bill excludes libraries from requirements to block access to sites designated as foreign digital piracy sites. The Re:Create Coalition issued a statement explaining how site-blocking frameworks like Block BEARD are tools of censorship.
Earlier this year, Rep. Zoe Lofgren (D-CA) introduced the Foreign Anti-Digital Piracy Act (FADPA), which the Re:Create Coalition also opposed due to concerns that the harms of over-blocking would outweigh any purported public benefit. And, US House of Representatives IP Subcommittee Chair Darrell Issa (R-CA) shared with stakeholders a discussion draft of the American Copyright Protection Act (ACPA), which also excludes libraries and universities from obligations to block access to foreign websites. The Library Copyright Alliance (LCA) submitted comments explaining how the draft could be improved to prevent over-blocking.
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Federal Funding for Library Priorities
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The US Senate advanced spending bills that would fund research library priorities in FY 2026, accompanied by policy directives that are relevant to ARL member libraries. When Congress reconvenes after recess, the appropriations process will continue; both chambers need to pass all 12 appropriations bills by September 30 to avoid a government shutdown or continuing resolution.
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Senate Approves FY 2026 Funding for Library of Congress
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The Senate approved the Legislative Branch Appropriations Bill, which provides $852 million for the Library of Congress (the same as fiscal year 2025). Under the bill, the National Library Service for the Blind and Print Disabled (NLS) and Congressional Research Service (CRS) would maintain their FY 2025 funding levels as follows:
- National Library Service for the Blind and Print Disabled: $66 million
- Congressional Research Service: $136 million
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Senate Panel Approves FY 2026 Funding for IMLS
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The Senate Appropriations Committee approved $291.8 million for IMLS during markup of the Labor, Health and Human Services, Education, and Related Agencies (LHHS) appropriations bill—a $3 million decrease from the previous fiscal year. Of this total, $214.1 million was allocated to the Library Services Technology Act, distributed as follows:
- Grants to States: $183 million
- National Leadership Grants for Libraries: $15.3 million
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Laura Bush 21st Century Librarian: $10 million
- Native American Library Services: $5.8 million
During its September 2 markup, the House LHHS appropriations subcommittee advanced its version of the LHHS spending bill, which includes $291.8 million in funding for IMLS.
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Senate Panel Approves Level Funding for National Library of Medicine, Increase to National Institutes of Health
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The Senate LHHS appropriations bill included $498 million for the National Library of Medicine (NLM), which is equal to FY 2025 levels. The bill would increase funding for the National Institutes of Health (NIH) to $47 billion, an increase of $301 million over FY 2025.
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Senate Appropriations Report Includes Indirect Cost Reimbursement Protections, Directive to Work with Scientific Community on APCs
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The Senate appropriations report accompanying the LHHS bill rejected the administration’s proposed 15 percent cap on indirect cost reimbursement, maintaining existing protective language. The report noted: “The administration similarly proposed to cap NIH’s indirect cost rate at 15 percent in 2018, which Congress rejected by including a general provision prohibiting that in the fiscal year 2018 appropriations Act.”
Additionally, the committee acknowledged the Joint Associations Group on Direct Costs (JAG) efforts to develop alternative reimbursement models, stating the committee “looks forward to reviewing the JAG’s proposal to develop and implement an optimized, new government-wide model for indirect costs reimbursement.”
The Senate report also directs NIH to work with the scientific community to inform development of an allowable limit for article-processing charges (APCs). As part of that process, NIH is to “account for different publishing models, particularly U.S. based publishers focused on rigorous peer review and quality checks; support a robust American scientific research and publishing enterprise amid unprecedented global competition; and support the aims of gold standard science by establishing parameters to guard against potential abuses, including payment of APCs to journals that don’t prioritize research quality and integrity.”
Report language is not binding, but it is intended to influence the work of federal agencies.
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CARL Urges Canadian Government to Invest in Research and Canada’s Knowledge Ecosystem
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CARL submitted a brief to the Federal Government Department of Finance and the House of Commons Standing Committee on Finance in advance of a proposed fall 2025 budget, the first budget under Prime Minister Carney. The brief urges the federal government to strengthen Canada’s research and knowledge ecosystem by making targeted, modest investments in open science, accessible publishing, and optimizing digital capacity at Library and Archives Canada. Coordinated national support for open science and accessibility would align Canada with international best practices, improve equity of access, and accelerate innovation and economic growth. Sustained investment in these areas will ensure that Canada’s research, publishing, and documentary heritage systems remain efficient, inclusive, and globally competitive.
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CARL Recommends Inclusive National Strategy for Scientific Scholarship in French
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CARL also submitted a brief to Canadian Heritage’s External Advisory Group on the Creation and Dissemination of Scientific Information in French, highlighting the essential role university libraries play in the creation and dissemination of scientific information, noting that science in French remains weakened by a lack of content and discoverability. This is a situation that creates a gap between Anglophone and Francophone research communities, increasing the isolation of Francophone researchers, particularly in minority communities. CARL advised that an ambitious and inclusive national strategy is needed to ensure bilingual infrastructure and position science in French as a pillar of the Canadian identity.
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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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