[A2k] On behalf of Barbara Stratton: IFLA printed statement at IIM2

[Teresa Hackett (eIFL)]

I am sending this message on behalf of Barbara Stratton, who still
cannot post messages to the list (although receiving them ok). Grateful
if the list manager can re-take contact with Barbara to finally resolve
the problem. Thanks!

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This is the IFLA printed statement left for delegates at WIPO IIM2. A
shorter more focused statement was used for the intervention.
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STATEMENT BY IFLA
The International Federation of Library Associations and Institutions
(Federation Internationale des Associations Bibliothecaires)
INTER-SESSIONAL INTERGOVERNMENTAL MEETING
ON A DEVELOPMENT AGENDA FOR WIPO

2nd Session, Geneva, June 20-22, 2005

Mr Chairman, IFLA, the International Federation of Library Associations
and Institutions, welcomes your continued leadership in guiding these
important discussions about the future direction of WIPO.

This intervention is made with the full support of Electronic
Information for Libraries, one of our members also present at this
meeting, which works directly in developing countries.
At the IIM/1 meeting we drew to your attention the importance of
libraries and their crucial role in the economic and social development
of all countries, especially developing countries and those in
transition. We pointed out that developed countries all benefit from
highly developed and sophisticated library infrastructures providing
both analogue and digital information services and that these have led
to an improvement in their populations=E2=80=99 general education and knowl=
edge
particularly over the last 150 years, which in turn led to greater
enterprise and prosperity for all.

Libraries constitute the basis from which all citizens can have access
to information on an equal basis in a trusted and neutral environment.
It is this trusted and neutral source of quality information and
knowledge, which gives everyone the opportunity to improve their lives
through education and personal development and participate to their
maximum potential in the economic life and civil and democratic
processes of their society.

IFLA works to support the major human development issues of literacy,
lifelong learning, preservation of our cultural heritage, the bridging
of the digital divide and sustainable development. It does this by
coordinating programmes to develop library infrastructures in developing
countries and assist their transition into the digital age, which is
crucial for a country=E2=80=99s development.

Just a few examples of library projects in developing countries are
=E2=88=92 book programmes for children and young people in Africa
=E2=88=92 the creation of book-lending points at local fairs and markets in
Latin America to encourage people to extend their reading into new and
untried areas
=E2=88=92 the training of librarians in Southern Africa to manage digital a=
nd
virtual libraries
=E2=88=92 the digitisation of local chronicles and resource sharing in Asia=
 and
Oceania
=E2=88=92 reading as therapy workshops for survivors of natural disasters i=
n
Latin America and the Caribbean
=E2=88=92 the creation of a network of rural Qu=C3=A9chua libraries to give=
 access to
information in the Qu=C3=A9chua language in Andean Latin America
As librarians our interest lies overwhelmingly in copyright and as the
profession which in so many situations acts as the interface between
rights holders and the users of copyright in libraries, we see that it
is crucial that WIPO ensures that the maintenance of reasonable
exceptions and limitations to copyright enjoyed in many developed
countries is also established in the copyright regimes of developing
countries.

With regard to the proposals put forward at this meeting by some of the
distinguished delegations, we would like to observe the following

=E2=80=A2 Libraries are pro-copyright because we recognise the need for cre=
ative
works to be protected from piracy and other unfair exploitation. We
uphold copyright laws and encourage users to respect them. Indeed we are
the collecting societies=E2=80=99 major customers.

=E2=80=A2 However, copyright is not about just protection but was from its =
early
days meant to balance the need to protect creators and entrepreneurs in
the work with the user=E2=80=99s right to access information and the expres=
sion
of ideas. The mechanism that makes copyright work is in fact the
exceptions and limitations are combined with adequate protection of
copyright.

=E2=80=A2 We call for WIPO to establish global minimum mandatory exceptions=
 and
limitations to copyright and related rights because there is an
imbalance in power due to the rightsholder having exclusive rights
leading to the creation of monopolies of information. Libraries have a
duty to facilitate access to information and knowledge and this does not
mean simply making it easy to get permission to use a work for which the
user often is required to pay or is otherwise restricted. Libraries also
have a duty to support and develop a learning culture, the local and
national economy and free civil societies, which means that a certain
level of access to information needs to be by right which is what the
limitations and exceptions to copyright ensure for the greater public good.

=E2=80=A2 In our IIM/1 intervention we supported the proposals from Brazil =
on
behalf of the Friends of Development Group and we continue to see these
as offering the most comprehensive solution to all the major issues. We
highlight the following numbered proposals from the Listing of Specific
Action-oriented Proposals by Member States as of June 2005 tabled by
Brazil at IIM/2, which we think will particularly benefit libraries.

(1) To amend the WIPO Convention to include explicit language on the
Development Dimension
(3) To consider the elaboration of a Treaty on Access to Knowledge and
Technology
(4) To formulate and adopt Principles and Guidelines for the development
and implementation of technical assistance
(5) To establish an independent WIPO Evaluation and Research Office
(6) To consider measures to ensure wider participation of civil society
and public interest groups in WIPO including their participation in the
Policy Advisory Commission and the Industry Advisory Commission
(7) To formulate and adopt Principles and Guidelines for norm-setting
activities in WIPO
(8) To undertake independent, evidence-based Development Impact
Assessments with respect to norm-setting activities
(9) To establish a system of holding public hearings prior to the
initiation of any norm-setting initiatives
(10) To improve information sharing on technical assistance including
the establishment of databases, a dedicated web page and a WIPO
Partnership Office
(12) To formulate and adopt a Code of Ethics for technical assistance
staff and consultants
(13) To develop indicators and benchmarks for the evaluation of WIPO
technical assistance

We believe that the full integration of development issues into all
aspects of WIPO=E2=80=99s work is essential to its future progress and achi=
eving
this will benefit all Member States, not just the developing countries.
We wish you every success.


Geneva, 22nd June 2005

For further information contact Barbara Stratton
Advisory Board Member, IFLA Copyright and Other Legal Matters Committee
(IFLA-CLM) as below.

Barbara Stratton
Senior Adviser, Copyright
CILIP: the Chartered Institute of Librarians and Information Professionals
7 Ridgmount Street
London WC1E 7AE
United Kingdom

T: +44 (0) 20 7255 0500 F: +44 (0) 20 7255 0501
E: Barbara.Stratton AT cilip.org.uk