[A2k] a2k Proposals by library organizatioins

[James Love]

This document was provided by the American Association of Law Libraries,
American Library Association, Association of Research Libraries, Medical
Library Association, and the Special Libraries Association.  Jamie


            Library-Related Principles[1] for the
           International Development Agenda of the
           World Intellectual Property Organization
           Measures to address concerns of libraries

1: A robust and growing public domain to provide new opportunities for
creativity, research, and scholarship

1.1. Works created by governmental authorities should be in the public
domain.

1.2.  Published works resulting from government-funded research should
be publicly available at no charge within a reasonable time frame.

1.3.  Facts and other public domain materials, and works lacking in
creativity, should not be subject to copyright or copyright-like
protections.

1.4.  Consistent with the Berne Convention, the term of copyright should
be the life of the author plus 50 years.  The term of copyright should
not be extended retroactively.

2:  Effective library programs and services as a means of advancing
knowledge.

2.1. A library may make copies of published and unpublished works in its
collection for purposes of preservation or to migrate content to a new
format.

2.2.  A work that has been lawfully acquired by a library may be lent to
others without further transaction fees to be paid by the library.

2.3.  A work that has been lawfully acquired by a library or other
educational institution may be made available over a network in support
of classroom teaching or distance education in a manner that does not
unreasonably prejudice the rights holder.

2.4. Subject to appropriate limitations, a library or educational
institution may make copies of a work for classroom use.

2.5.  A library may convert material from one format to another to make
it accessible to persons with disabilities.

2.6.  In support of preservation, education or research, libraries and
educational institutions may make copies of works still in copyright but
not currently the subject of commercial exploitation.

3:  High levels of creativity and technological progress resulting from
individual research and study.

3.1.  Copyright laws should not inhibit the development of technology
where the technology in question has substantial non-infringing uses.

3.2.  Copying of individual items for or by individual users should be
permitted for personal research and study.

3.3.  It should be permissible to circumvent a technological protection
measure for the purpose of making a non-infringing use of a work.

4:  Harmonization of copyright.

4.1  The goals and policies set out in this document should not be
over-ridden by other bi-lateral or multi-lateral agreements.

4.2  The goals and policies set out in this document are important
statements of national and international principle and should not be
varied by contract.


[1] The foregoing principles were developed in December 2004 and have
been endorsed by the following library associations: American
Association of Law Libraries, American Library Association, Association
of Research Libraries, Medical Library Association, and the Special
Libraries Association. These principles were prepared for use in
discussions at the World Intellectual Property Organization concerning
the impact of intellectual property protection on economic development
and the significance of copyright exceptions for libraries, educational
institutions, and the disabled.  These principles are not intended to
serve as statutory language and thus do not reflect limitations and
qualifications that would appear in such language.