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, ARL joined two copyright-related amicus briefs: one explaining how expanding the legal standard of secondary copyright liability could threaten internet access for millions, and another advocating to protect public access to legal information. Also, after the district court denied her motions for preliminary injunction and a temporary restraining order, a federal court temporarily halted the Trump administration’s attempted removal of Register of Copyrights Shira Perlmutter.
ARL joined an amicus brief in Rhode Island v. Trump, demonstrating the harm of the administration’s grant cancellations and staffing cuts to the US Institute of Museum and Library Services (IMLS). And, the Coalition for National Science Funding (CNSF), of which ARL is a member, urged appropriators to fund the US National Science Foundation (NSF) at the highest levels possible.
In Canada, CARL Executive Director Susan Haigh published an op-ed in The Hill Times, “More to Be Done for Canada to Become a Leader in Open Science, Research, and Innovation,” highlighting the strategic role that Canadian libraries play in advancing open science, and recommending federal investment in open science and national research infrastructure to bolster those efforts.
CARL, in partnership with the Canadian Federation of Library Associations (CFLA), released the much-awaited Accessible Content: A Guide to the Canadian Copyright Act on Searching for Accessible Formats and Producing and Distributing Alternate Formats. And, CARL submitted a brief to Global Affairs Canada’s consultation on developing a possible Canada–European Union (EU) digital trade agreement, highlighting the need for Canada to strengthen its digital trade and data governance; suggesting alignment with the EU General Data Protection Regulation (GDPR) framework; and recommending the ongoing promotion of digital inclusion through affordable internet, digital literacy, accessibility, and safeguarding principles such as net neutrality and freedom of expression.
Canadian copyright experts convened in Toronto to discuss implications for libraries and educational institutions and other issues related to the landmark decision in CCH Canadian Ltd. v. Law Society of Upper Canada.
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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ARL Joins EFF, ALA, Re:Create in US Supreme Court Amicus Brief Warning Expansion of Copyright Liability Could Threaten Internet Access
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ARL joined the Electronic Frontier Foundation (EFF), American Library Association (ALA), and Re:Create in an amicus brief to the US Supreme Court in support of Cox in Cox Communications Inc. v. Sony Music Entertainment. The brief urged the Supreme Court to reverse a lower court ruling that would require internet service providers (ISPs) to terminate internet access based solely on copyright infringement accusations in order to avoid contributory copyright infringement liability. This ruling could put internet access at risk for millions of users.
The case began when Sony sued broadband provider Cox for contributory copyright infringement and vicarious liability. Sony alleged that Cox failed to terminate accounts of subscribers who Sony said were repeatedly downloading or sharing copyrighted files without permission, and Cox was therefore liable for the infringing activities of its subscribers. Terminating accounts of repeat offenders is a requirement for ISPs to retain safe-harbor eligibility under Section 512 of the Digital Millennium Copyright Act.
A jury initially found Cox liable for willful contributory and vicarious infringement, and awarded $1 billion in statutory damages to Sony. On appeal, the Fourth Circuit reversed the vicarious liability verdict and vacated the $1 billion award. However, the court affirmed the jury’s finding that Cox was liable for willful contributory infringement.
The recent amicus brief argues that the Fourth Circuit imposed contributory liability based on a standard that is not supported in statute or case law. Under this broad material contribution standard, libraries could be liable for the misuse of their services by some of their users, even though these services are overwhelmingly used for noninfringing purposes. As the brief explains, the correct standard considers whether a product or service is incapable of noninfringing use, rather than creating liability for a product or service that is capable of infringing use.
Amici explained that expanding the scope of copyright contributory liability could cause ISPs to terminate their customers’ internet access upon the flimsiest of accusations, or risk facing billion-dollar statutory damages awards. The consequences of losing internet access are severe and disproportionate, particularly as internet access is essential for distance learning, telework, and telemedicine. Terminating internet access would affect everyone in a household, school, or library who relies on that connection.
The Library Copyright Alliance (LCA) joined amicus briefs in support of Cox at earlier stages of this case.
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ARL Joins Amicus Brief in AI Copyright Case to Protect Public Access to Legal Information
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ARL joined an amicus brief led by the Electronic Frontier Foundation (EFF) urging the US Court of Appeals for the Third Circuit to reverse the district court’s adverse fair-use ruling in Thomson Reuters Enterprise Centre GmbH and West Publishing Corp. v. Ross Intelligence Inc. Upholding the decision in Thomson Reuters’s favor could jeopardize continued access to legal information in the public domain.
Thomson Reuters sued Ross Intelligence for copyright infringement when Ross copied legal summaries—“headnotes”—from Reuters’s Westlaw platform to train its own AI legal research tool. In February 2025, a district court judge ruled in favor of Thomson Reuters and West, finding that the headnotes were copyrightable and that Ross’s use did not qualify as fair use. The judge emphasized the fourth fair use factor—market harm—noting that Ross developed its tool specifically to compete with Westlaw.
Under the government edicts doctrine, judicial decisions are never copyrightable. The amicus brief argues that the headnotes are not copyrightable. The brief further argues that, even if court were to affirm the holding that the headnotes are copyrightable subject matter, the factual nature of the works should tilt the analysis towards fair use.
ALA also joined the brief. Joining this brief is consistent with the Library Copyright Alliance’s advocacy in preserving the government edicts doctrine and maintaining public access to official legal and other government documents.
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CARL, CFLA Release Guide to Navigating Canadian Copyright Law for People with Perceptual Disabilities
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The Canadian Association of Research Libraries (CARL) and the Canadian Federation of Library Associations (CFLA) released the document Accessible Content: A Guide to the Canadian Copyright Act on Searching for Accessible Formats and Producing and Distributing Alternate Formats. This guide provides a clear, practical overview of the laws governing access to and use of copyrighted materials for people with perceptual disabilities in Canada. It covers how these laws are applied, offers a checklist of requirements, shares best practices, and provides practical advice for everyday situations. The guide also includes recommendations on eliminating barriers to access and a glossary of relevant terms. It is available in both PDF and EPUB formats.
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CARL Comments to Global Affairs Canada Recommend Strengthening Canada’s Digital Trade and Data Governance, Alignment with GDPR, Advancing Digital Inclusion
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CARL submitted a brief to Global Affairs Canada’s consultation on developing a possible Canada–European Union (EU) digital trade agreement. In its memo to the government, CARL highlights the need for Canada to strengthen its digital trade and data governance by ensuring robust infrastructure for cross-border data movement, secure local storage, and protection of sensitive and Indigenous data, which can be informed by the work of the Digital Research Alliance. CARL also suggests that aligning with the EU’s General Data Protection Regulation (GDPR) framework could modernize Canada’s privacy laws by providing stronger protections, clearer consent requirements, enforcement mechanisms, and recognition of rights like data erasure. At the same time, CARL notes that advancing digital inclusion through affordable internet, digital literacy, accessibility, and safeguarding principles such as net neutrality and freedom of expression is essential to an equitable digital ecosystem.
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Canadian Copyright Experts Discuss Implications of Landmark Decision in CCH Canadian Ltd. v. Law Society of Upper Canada
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Canadian legal scholars, lawyers, copyright specialists, and librarians met in Toronto on September 19 and 20 to reflect on the state of the Canadian copyright community more than two decades after the landmark decision in CCH Canadian Ltd. v. Law Society of Upper Canada. Participants heard from those who were intimately involved with the CCH litigation, discussing the decision’s legacy and unexplored territory, the impact of the decision on libraries and educational institutions, and what external legal frameworks are actualizing or undermining copyright and user rights. Day two delved into understanding the decision’s effect on the international stage and lessons from abroad; looking forward to the future of copyright in the age of language models and generative AI; discussing copyright law and unfulfilled promises; and wrapping up with an expert panel reflecting on the conference’s key themes in considering the future trajectory of copyright law in Canada and worldwide.
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US Court Temporarily Halts Trump’s Removal of Register of Copyrights
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Earlier this month, a federal appellate court ordered the Trump administration to stop interfering with Shira Perlmutter’s service as register of copyrights and director of the US Copyright Office, pending further order from the court.
The US Court of Appeals for the District of Columbia issued an emergency order reversing the district court’s denial of Perlmutter’s earlier request for a temporary restraining order and preliminary injunction.The DC Circuit held that the district court failed to consider the “unusual” and “extraordinary” features of the case, including Perlmutter’s allegations that the president attempted to remove her because he disagreed with her conclusions in an AI report prepared for Congress. The DC Circuit also agreed that the president’s attempt to remove Perlmutter likely was unlawful due to a lack of statutory authority. And, since Perlmutter does not exercise substantial executive power, her case is different from other cases on the removal of government officials.
According to the order, the US Copyright Office is reportedly in the process of finalizing a separate aspect of its report to Congress on copyright and AI, which will address the topic of potential liability for infringing AI outputs.
The Trump administration has asked the DC Circuit to rehear the case.
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Federal Funding for Library Priorities
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ARL Joins Amicus Brief Urging Court to Block Trump’s Unlawful Attempt to Dismantle IMLS
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ARL joined the American Library Association (ALA), American Federation of State, County & Municipal Employees (AFSCME), and museums and other cultural institutions in a September 3 amicus brief urging the US Court of Appeals for the First Circuit to affirm the district court’s preliminary injunction against dismantling the US Institute of Museum and Library Services (IMLS).
The brief demonstrates 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.
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Science Coalition Urges Congress to Fund NSF at Highest Level
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The Coalition for National Science Funding (CNSF) urged congressional appropriations leaders to fund the US National Science Foundation (NSF) at the highest level possible in FY 2026, and asked that any short-term continuing resolution protect NSF from funding cuts.
In the letter to House and Senate appropriations committees, CNSF warned that budget cuts would severely undermine US scientific competitiveness, innovative research, and STEM workforce and education.
The FY 2026 Senate appropriations bill proposes $9 billion for NSF, while the House version would allocate just $7 billion. Currently, NSF operates with $9.06 billion in funding through an FY 2025 continuing resolution.
ARL is a member of CNSF, an alliance of 140 scientific societies, universities, and businesses that advocate for NSF funding.
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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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