Overview
The Law & Policy Working Group plays a crucial role in creating the policy conditions necessary for the long-term preservation of software, particularly focusing on historical, legacy, and culturally significant software. Since software preservation often intersects with complex legal issues such as intellectual property (IP) law, copyright regulations, licensing, and data privacy, the group works to build a legal framework that facilitates these preservation efforts. They do this by advocating for legal reforms, educating stakeholders, and clarifying the role of public institutions in supporting software preservation. These efforts help to lower the barriers to software preservation and make it accessible to a broader range of institutions and individuals. By addressing the legal and policy challenges that come with software preservation, the group contributes directly to SPN’s mission of enabling widespread access to software and the preservation of its cultural and historical value.
By addressing the legal and policy challenges that come with software preservation, the Law & Policy Working Group contributes directly to SPN’s mission of enabling widespread access to software and the preservation of its cultural and historical value by:
- Advocacy for Legal Reforms: Actively engaging with government agencies to advocate for legal reforms and exemptions that support software preservation efforts.
- Copyright and IP Education: Producing resources to clarify the legal complexities of software preservation, including copyright regulations, licensing issues, and intellectual property rights.
- Policy Development and Collaboration: Collaborating with other stakeholders to develop policies that align with the needs of software preservationists, particularly within the public and academic sectors.
- Research on Legal Aspects: Conducting research into the legal challenges of software preservation, publishing findings, and facilitating discussions that inform advocacy efforts.
- Public Resource Sharing: Producing and sharing publicly accessible resources, including case studies and guides, to educate the broader community on navigating legal barriers to software preservation.
- Engaging with Community: Hosting “office hours” to provide direct support to community members and raising awareness about secured rights and legal resources available for software preservation.
The Law & Policy Working Group has helped achieve important legal progress for software preservation: Key successes include securing DMCA exemptions that support preservation work in libraries, archives, and other cultural institutions. The group has intervened in significant cases, clarifying the legal standing of software preservation and advocating for exemptions or exceptions within various intellectual property frameworks. By creating accessible educational resources, they’ve made copyright law easier to understand and apply, helping software preservationists across institutions understand and utilize their rights. They also advocate for preserving open-source and public-domain software by advocating for clearer rights and regulations to ensure these valuable resources are accessible for future generations.
How You Might Engage
The Law & Policy Working Group is an active and collaborative community, and we welcome new members who are eager to contribute and learn. Here are ways you can get involved:
Learn from Legal Experts: Engage in advocacy efforts and learn about legal strategies from experienced practitioners in the field. Lorem ipsum dolor sit amet consectetur adipiscing elit. Lorem ipsum dolor sit amet consectetur.
Share Your Experiences: Help the group understand how copyright issues affect your work “on the ground.” Your feedback is vital in shaping our advocacy efforts and ensuring that the needs of the preservation community are accurately represented.
Join Ongoing Advocacy Campaigns: Contribute to efforts like the DMCA rulemaking process or other legal initiatives that affect the future of software preservation. Lorem ipsum dolor sit amet consectetur adipiscing elit.
Participate in Educational Resources: Contribute to the development of new literacy tools, such as case studies or explanatory guides, to help the community better understand and navigate copyright and IP law.
If you’re passionate about making software preservation more feasible and sustainable through legal and policy work, we encourage you to join the Law & Policy Working Group and help shape the future of this critical area.
News & Events
SPN and Library Copyright Alliance Petition for Updated DMCA Rules to Expand Access to Preserved Software
The Software Preservation Network ended 2023 with a bang, filing its first set of arguments in the latest cycle of the triennial DMCA rulemaking. We were represented by our attorneys at the Harvard Cyberlaw Clinic, and joined in the filing …Continue SPN and Library Copyright Alliance Petition for Updated DMCA Rules to Expand Access to Preserved Software
Briefs/Filings, Featured News, Law Posts, News
Amicus Brief in Green v. Department of Justice
SPN joined an amicus brief in Green v. DOJ, a lawsuit brought by the online civil rights group Electronic Frontier Foundation against the US government challenging key parts of the Digital Millennium Copyright Act. The suit argues that the Act’s …Continue Amicus Brief in Green v. Department of Justice
Briefs/Filings, Featured News, Law Posts, News
SPN Supports Proposed Changes to Access to Electronic Works
The Software Preservation Network has submitted comments to the US Copyright Office in support of proposed changes to access to electronic works. You can read more about these proposed changes in this blog post by Lila Bailey (Internet Archive) and …Continue SPN Supports Proposed Changes to Access to Electronic Works
Briefs/Filings, Featured News, Law Posts, News
Resources
Section 108 and Software Collections: A User’s Guide
Abstract This user’s guide explains Section 108 of the U.S. Copyright Act in the context of software collections in libraries and archives. Like fair use, Section 108 of the U.S. Copyright Act provides important rights for libraries and archives engaged in …Continue Section 108 and Software Collections: A User’s Guide
Reports, Resources
Copyright Guide for Scientific Software
About the Guide This guide covers how to make it easier for others to use your software and how to build on the software that others have written. Today, science involves software. And although many scientists understand that their work …Continue Copyright Guide for Scientific Software
Guides, Resources
Understanding the Anti-circumvention Rules and the Preservation Exemptions
In this fifth episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn : What the DMCA anti-circumvention provisions are and how they relate to copyright, fair use, and the Code How the …Continue Understanding the Anti-circumvention Rules and the Preservation Exemptions
BP4FairUse, Resources, Webinars
If you’re passionate about making software preservation more feasible and sustainable through legal and policy work, we encourage you to join the Law & Policy Working Group and help shape the future of this critical area.