[A2k] eIFL printed statement at IIM2

[Teresa Hackett (eIFL)]

This was a printed statement left for delegates at WIPO. A shorter more
focused statement was used for the intervention.

Teresa
------------

STATEMENT OF eIFL.NET
ON A
DEVELOPMENT AGENDA FOR WIPO

INTER-SESSIONAL INTERGOVERNMENTAL MEETING ON A DEVELOPMENT AGENDA FOR WIPO

SECOND SESSION
GENEVA, June 20-22 2005


Electronic Information for Libraries represents nearly 4,000 leading academ=
ic and research libraries serving millions of users in 50 countries in Afri=
ca, Asia, Eastern Europe, former Soviet Union and the Middle East. Our inte=
rest is in copyright and related rights. As a member of the International F=
ederation of Library Associations, eIFL fully supports IFLA's intervention =
at this meeting.

Our members are working every day to provide students in developing countri=
es with access to learning materials and quality electronic resources. Acce=
ss to information and knowledge is critical to the education and training n=
eeds of poor countries whose human resource is central to their development=
.

The reality in most LDCs is that students struggle to access basic learning=
 materials. Extreme poverty in my country Uganda, for instance, means that =
students at Uganda=92s Makerere University simply cannot afford to buy the =
textbooks and reference materials necessary for their studies. Yet graduate=
s from Makerere University are critical, not only to Uganda=92s socio-econo=
mic, political and cultural development, but also to creating a critical ma=
ss of users of copyright products and services.

So students at Makerere and in most LDCs rely entirely on the university li=
brary to provide learning and research materials for their courses. This is=
 why it is essential to have well resourced libraries with the ability to p=
rovide reasonable access and use for students to resources and materials th=
at the library has purchased.

One must consider the context when dealing with access to knowledge in deve=
loping countries. For example, in a recent survey(1), it was shown that rel=
ative prices for books and other learning materials in Malaysia are prohibi=
tive compared with the US e.g. textbooks such as Shakespeare=92s plays cost=
 $5 in the US but would cost $20 if sold at the equivalent price in Malaysi=
a. How many American medical students would buy =93Human Anatomy Update=94 =
if it cost over $1,000 instead of $134? Is it fair that a journalist in a d=
eveloping country pays the equivalent of $500 for a subscription to Time Ma=
gazine, while their American counterpart pays only $30?

In other words, the relative cost of learning materials in developing count=
ries is disproportionate and out of reach for most people, and often for li=
braries as well. This clearly illustrates the need to recognise the context=
 and reality of the situation in developing countries. This is a reason why=
 a Development Agenda that takes account of the needs and stage of developm=
ent of a country is crucial to libraries and their users.

We must be able to copy reasonable portions of copyright material for educa=
tion and research purposes and for private study, to make use of illustrati=
ons and diagrams, to utilise extracts and quotations for criticism and revi=
ew amongst others. Libraries need to be share resources to get maximum bene=
fit from their often-meager budgets. We ought to be able to do this without=
 having to seek permission each time. Otherwise access to knowledge becomes=
 a monopoly and imposes high administrative burdens and we become a permiss=
ions culture.

At the same time, however, libraries do support copyright because this prov=
ides a legal framework and an incentive for the creation of works of knowle=
dge. Our users not only benefit from the exceptions that enable access, but=
 also from the protection that copyright offers to authors of new works.

The Agreed Statement to Article 10 in the 1996 WIPO Copyright Treaty (WCT) =
confirmed that existing exceptions and limitations may be extended to the d=
igital environment. In reality attempts to specifically implement this into=
 national legislation have drawn stiff opposition from rightholders and hav=
e met with varying degrees of success. This is why we need global minimum m=
andatory exceptions to ensure that libraries and their users get a fair dea=
l, especially in the electronic environment.

How the Development Agenda is implemented in WIPO is of course a matter for=
 the Member States. We seek the proposal or combination of proposals which =
will give the most meaningful effect to the goals. To be a success, it must=
 cut across and be fully integrated into all WIPO activities.

The intervention from IFLA, the International Federation of Library Associa=
tions, will highlight the individual proposals for action that we think wil=
l particularly benefit libraries. I wanted to share with you my experiences=
 from the perspective of a citizen and a librarian from a developing countr=
y.


Thank you, Mr Chairman.

(1) Consumers International: Copyright and Access to Knowledge =96 draft re=
port, May 2005