[A2k] Joint IFLA-eIFL statement to PCPID

[Teresa Hackett (eIFL)]

*

JOINT STATEMENT OF IFLA/FIAB and eIFL

*

The International Federation of Library Associations and Institutions

Federation Internationale des Associations Bibliothecaires

and

Electronic Information for Libraries

PERMANENT COMMITTEE ON COOPERATION FOR DEVELOPMENT

RELATED TO INTELLECTUAL PROPERTY (PCIPD)

FOURTH SESSION

GENEVA, April 14-15, 2005

Mr Chairman, I congratulate you on your election and I wish you success
in the task ahead.

I am speaking on behalf of two NGOs:

=E2=80=A2 The *International Federation of Library Associations and Institu=
tions
*represents the interests of libraries and information services as well
as the users of such services throughout the world.

=E2=80=A2 *Electronic Information for Libraries *is an international founda=
tion
which advocates for the wide availability of electronic information for
libraries in developing countries and countries in transition. The
global network embraces nearly 4,000 leading libraries serving millions
of users in 50 countries in Africa, Asia, Eastern Europe, former Soviet
Union and the Middle East. We would like to express our gratitude that
Electronic Information for Libraries has been given ad hoc accreditation
to attend this important meeting.

Libraries empower citizens, facilitate good governance and the
development of societies by providing access to information, knowledge
and learning resources. Access to information is essential to education
and research and has a direct impact on economic growth and quality of
life. Our main concern therefore is copyright and related rights.

Library services have changed dramatically over the last 20 years. New
information technologies offer libraries wonderful new ways of providing
local access to global resources, opportunities to develop innovative
services and to reach out in new ways to our communities. Recent
examples are

=E2=80=A2 The British Library opening its treasures to the world in the Tur=
ning
the Pages project;

=E2=80=A2 Smart Cape, a digital literacy project in South Africa where more=
 than
7,000 people each month access computers in six public libraries in a
city where 60% of the residents have never used a computer;

=E2=80=A2 A project by the National Library of Uganda and Anywhere Books wh=
ich
has empowered the rural population in Uganda by providing a digital
bookmobile and print-on-demand centre for primary health care and other
essential information.

The problem is that while there are new opportunities, users have less
rights in the digital environment than in the analogue world. In
particular there are =E2=80=A2 new layers of rights on digital information =
e.g.
database right;

=E2=80=A2 technical protection measures that prevent users from availing of
lawful exceptions;

=E2=80=A2 non negotiable licences that override =E2=80=98fair use=E2=80=99 =
provisions.

These create legal barriers and also technological blocks such as DRMs,
leading to confusion and uncertainty, which discourages, and in some
cases prevents, access and fair use. In this context the digital
environment should not be regarded as different from the analogue.
Otherwise users are penalised simply because of the mode of delivery.
How does this advance the Information Society?

These issues affect libraries all over the world. But while libraries in
developed countries are consulted by governments, and often also by
rightholder organisations, and are actively engaged in protecting the
public interest of libraries and education through their national and
regional library organisations, libraries in developing countries are
often not included in the same way when national IP policies or
copyright and related laws are being updated.

This is partly due to a lack of awareness of the issues, lack of
resources and lack of capacity within the library communities. This is
not surprising as the role of the traditional librarian changes to
information broker, database specialist and legal expert with the need
to negotiate complex licences with publishers for access to essential
electronic resources. The international library community, through
organisations such as ours, are working to raise awareness and build
capacity so that libraries in developing countries can become valued and
knowledgeable partners in national and international policy fora such as
WIPO.

We agree on the need for policy makers and legal draftspersons who are
informed on the use of options and flexibilities. We therefore take a
keen interest in the technical assistance provided by WIPO to developing
countries. We believe that the flexibilities and public policy issues
set out in Section Six of paper PCIPD/4/2 are an essential and integral
part of any technical assistance programme. Discussion amongst
stakeholders is crucial to achieving a fair and balanced outcome as
mentioned in paragraph 46. However, we do not think that developing
appropriate mechanisms for balancing the interests of rightholders and
the user community via a consultation process and reliable data should
be limited only to Least Developed Countries as set out in paragraph 52.
Consultation with a wide range of groups such as libraries, consumers,
educators, people with disabilities as well as rightholders should be
facilitated in all developing countries.

We support the comment from the distinguished delegate from Pakistan for
more information on the methodology and processes adopted by WIPO
referred to in paper PCIPD/4/2. In order to avoid the risk of
inappropriately drafted copyright legislation the professional library
community must be consulted. We stand ready to offer our assistance in
identifying local and regional expertise or to participate in the
development of technical assistance programmes.

Finally, Mr Chairman, it would be a great shame that as countries
develop and their infrastructure improves, libraries in the future were
to find themselves unable to provide appropriate digital services
because of unbalanced copyright laws.

Thank you for your attention.

END










--
Teresa Hackett
Project Manager, eIFL-IP
Email: teresa.hackett@eifl.net
Mobile: +353 87 625 3768
Web: www.eifl.net
Electronic Information for Libraries
in transition & developing countries
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