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 world's 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 Circuit's decision in this case has major implications for libraries and

librarians and for the public's right of access to information and entertainment. First, the

Court's 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

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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,