[A2k] Joint eIFL/IFLA statement at WIPO IIM3

[Teresa Hackett (eIFL)]

JOINT STATEMENT BY IFLA and eIFL

The International Federation of Library Associations and Institutions
(Federation Internationale des Associations Bibliothecaires)
eIFL: Electronic Information for Libraries
INTER-SESSIONAL INTERGOVERNMENTAL MEETING
ON A DEVELOPMENT AGENDA FOR WIPO
3rd Session, Geneva, July 20-22, 2005

Mr Chairman, I am speaking on behalf of International Federation of
Library Associations and also of Electronic Information for Libraries
which are both not-for-profit public interest membership based
organisations. Since 1927 IFLA has represented the world=92s major
libraries and library associations and through its 1700 member
organisations in 150 countries it speaks for hundreds of thousands of
professional librarians around the world. eIFL works with libraries in
50 developing countries.

Because of the importance of the copyright exceptions for libraries,
archives and educational establishments and for users I am going to
speak about item 3 on the list of specific actions under discussion by
the IIM - the proposal for a treaty on =91Access to Knowledge and
Technology=92.  Access to copyright works for the purposes of education,
research or private study usually takes place in libraries, whether in
person or remotely through virtual learning environments, or directly on
the Internet. In the digital age countries can not have viable modern
economies and social development without fair access to and re-use of
knowledge as expressed in copyright works. In this context fairness
requires the pro-active acceptance of agreed norms by both rightsholders
and users.

All intellectual property initially arises from underlying ideas which
are usually first expressed in a format subject to copyright, and it
should be recognised that all creators of IP are themselves users of
copyright works and will have made use of the exceptions and limitations
to copyright for the purposes of education, research or private study.
These exceptions are therefore crucial to assist developing countries
and LDCs to catch up with developed countries. However in the last 10
years international treaties, supranational directives from the EU, and
national legislation has worked to erode the information user=92s rights
to enjoy and use the exceptions and limitations to copyright especially
in the digital environment. We agree with the distinguished delegation
from Chile that there is also a problem with unfair contractual
licenses, whose terms are often very difficult for licensees (usually
the weaker parties) to negotiate. Copyright is creating barriers to
access and the fair use of knowledge. This is why an =91Access to
Knowledge=92 Treaty is now needed to establish a proper international
framework setting the norms by which copyright should be managed in such
a manner which ensures that user rights are established and enshrined
with respect to the digital age. We strongly agree with the
distinguished delegation from Brazil that such a treaty would counter
the trend towards the monopolisation and privatisation of information by
ensuring that information remains publicly available to nurture
education and innovation.

The distinguished delegation from the UK (speaking on behalf of the EU)
referred to the existence of an agenda item on copyright exceptions and
limitations before the SCCR (Standing Committee on Copyright and Related
Rights). However, that committee has not met since the motion was tabled
in November 2004 and there is no date announced for its next meeting.
The UK delegation (on behalf of the EU) also suggested that the scope of
a treaty on access to knowledge might go beyond WIPO=92s competence. This
surprises us. Such a treaty, which is being proposed to deal solely with
the IP issues related to access to knowledge and technology, appears to
be well within WIPO=92s brief and is fundamental to its development
agenda. We agree with the distinguished delegation from Brazil that
access to knowledge is not just an issue for developing countries, but
also for developed countries since knowledge is a universal tool and
equal access is an important need for all. This issue should remain with
the IIM in future sessions.

We share the vision expressed in the Declaration of Principles adopted
by the World Summit on the Information Society in November 2003, which
promotes an inclusive society based on the fundamental right of human
beings both to access and to express information without restriction and
in which everyone will be able to create, access, use and share
information and knowledge. To this end we support the achievement of a
true balance between the rights of owners and users of intellectual
property.


Thank you, Mr Chairman.

Contacts
Barbara Stratton (IFLA): Barbara.Stratton AT cilip.org.uk
Teresa Hackett (eIFL): Teresa.Hackett AT eifl.net