[A2k] Gowers Review Report - Welcomed by Librarians and Archivists

[Barbara Stratton]

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Apologies for cross-posting
Barbara Stratton
Senior Adviser, Copyright - CILIP and Secretary to LACA: the Libraries and
Archives Copyright Alliance
CILIP/LACA Press Release 8 December 2006
http://www.cilip.org.uk/aboutcilip/newsandpressreleases/news061208.htm?cssv=
ersion=3Dnormaltext[1]
Gowers Review Report - Welcomed by Librarians and Archivists
CILIP: the Chartered Institute of Library and Information Professionals and
LACA: the Libraries and Archives Copyright Alliance welcome the Report of t=
he
Gowers Review of Intellectual Property - but with certain reservations.
Balance in Intellectual Property
We are delighted that the Gowers Review explicitly recognises the need for
balance in intellectual property regimes and agree with its contention that=
 "Copyright
can be viewed as a 'contract' between rights owners and society for the
purpose of incentivising creativity."1 We look forward to working with the
Patent Office, in its new guise, to take forward and develop the
recommendations.
Tim Padfield, Chair of LACA, said "Balanced and flexible intellectual prope=
rty
rights allow consumers to use material in ways which do not damage the
interests of rightholders. They help institutions such as libraries, archiv=
es
and museums, which are essential to that balance through their role as
gateways for access to knowledge. The contribution of such institutions is
crucial to preserve our cultural and scientific heritage and to foster
research and innovation in support of the UK=92s creative economy. We belie=
ve
that this approach, which takes the wider interests of society into account=
,
will also encourage citizens to trust and respect the IP system."
Barbara Stratton, Secretary to LACA and CILIP's Senior Copyright Adviser
commented "The Review recognises that libraries and archives need exception=
s
to copyright which are fit for the digital age in order to fulfill their
mission to preserve human knowledge and deliver access to it. Yet we think =
it
could have gone further in some areas. We are very concerned that contracts
can override exceptions to copyright. Our work is often thwarted by Digital
Rights Management Systems (DRMS) and we would have liked to have seen more
done to iron out various anomalies in the UK=92s copyright legislation affe=
cting
libraries, archives and museums."
Copyright Exceptions & Limitations
We are very pleased that the Review recommends that libraries (and, as alre=
ady
provided by current legislation, presumably also archives) be allowed to co=
py
and format shift master copies of all classes of works in whatever format f=
or
archival purposes2. We hope that this sensible reform can be extended to al=
low
libraries and archives to copy artistic works or from multimedia products o=
n
behalf of users. We are also pleased that the Review has recognised the nee=
d
for more wide-ranging exceptions in the context of education, especially fo=
r
the benefit of distance learners, many of whom are disabled.
'Orphan Works'
We welcome the Review=92s recommendations that the UK works within the Euro=
pean
Community to amend the Information Society Directive to make legal provisio=
ns
at European level concerning 'orphan works'3, but point out that this shoul=
d
proceed with some urgency since the problems orphan works present are
affecting major digitisation projects, not least that of the Community=92s =
own
European Digital Library. The problem is compounded in the UK by the
protection of most unpublished works until 2039, regardless of their date o=
f
creation. The recommendation that the UK Patent Office maintain a voluntary
register of copyright works is helpful and libraries and archives would
welcome clear guidance from the Patent Office on the parameters for a
reasonable inquiry for orphan works. LACA stands ready to assist the Patent
Office when, as recommended, it consults the stakeholder community.
Term of Protection
We are also pleased that the Review firmly recommends that the UK and the
European Commission should not extend the copyright term in sound recording=
s4
since to have done so would have been, in our view, detrimental to the
conservation of our heritage in recorded sound.
Contracts and Licences
We continue to believe it desirable that copyright legislation be brought i=
nto
line with the UK=92s database right and e-commerce legislation and copyrigh=
t
provisions in the Republic of Ireland, by making void any contractual term
which overrides a limitation or exception.
Digital Rights Management Systems (DRMS)
DRMS can not only prevent users, including researchers and visually impaire=
d
people, from benefiting from the statutory copyright exceptions and
limitations provided for them, but also can lock up digital content thereby
preventing libraries and archives from being able to copy and format shift =
for
archival purposes as recommended by the Review, adversely affecting both
access to knowledge and the conservation of our cultural heritage. The Revi=
ew
acknowledged that there are problems with DRMS, but regrettably is silent o=
n
how these might be ameliorated for libraries and archives. Additionally, th=
e
Review failed to propose any improvements to the UK=92s very limited DRMS
complaints system, merely recommending that it should be made possible to f=
ile
complaints online.5
SABIP
It is clear that further discussion is needed on many topics. LACA welcomes
the establishment next year of a new independent Strategic Advisory Board f=
or
IP policy6 and looks forward to working with SABIP. We warmly endorse the
Review=92s belief that the composition of SABIP must fully represent the wi=
de
range of stakeholder groups.7
Notes for Editors
CILIP: the Chartered Institute of Library and Information Professionals
advocates the value of library and information services across all major ar=
eas
of public policy. Key to its advocacy on access to knowledge is its role as
convenor of the Libraries and Archives Copyright Alliance under whose banne=
r a
wide range of library and archive professional bodies, the UK's national
libraries and expert individuals work together to campaign for improvements=
 in
the copyright regime on behalf of library users and for the conservation of
our cultural heritage in both the analogue and digital world. LACA's
submission to the Gowers Review can be seen at
http://www.cilip.org.uk/professionalguidance/copyright/lobbying/laca2.htm[2=
]
Members of LACA:
The Art Libraries Society of the UK and Ireland (ARLIS)
Aslib - The Association for Information Management
The Association of UK Media Librarians
The British and Irish Association of Law Librarians
The British Library
CILIP: the Chartered Institute of Library and Information Professionals
Rev. Graham Cornish, Copyright Circle
The International Association of Music Libraries, Archives and Documentatio=
n
Centres
The National Library of Scotland
The National Library of Wales
Professor Charles Oppenheim, Loughborough University
Mr Paul Pedley
RNIB =96 The Royal National Institute of the Blind
The Society of Archivists
The Society of Chief Librarians in England and Wales
SCONUL =96 The Society of College, National and University Libraries
Contact:
Barbara Stratton, Senior Copyright Adviser, CILIP and Secretary to LACA
Tel: +44 (0) 20 7255 0620 E-mail: info@cilip.org.uk
Tim Padfield, Information Policy Consultant, The National Archives and Chai=
r
of LACA
Tel: +44 (0) 20 8392 5381 E-mail: info@cilip.org.uk
1 Gowers Review of Intellectual Property. November 2006. Para 4.26
2 Ibid. Recommendations 10a and 10b
3 Ibid. Recommendations 13, 14a and 14b
4 Ibid. Recommendation 3
5 Ibid. Recommendation 15
6 Ibid. recommendations 46 and 47
7 Ibid. para 6.9

=3D=3D=3DReferences:=3D=3D=3D
  1. http://www.cilip.org.uk/aboutcilip/newsandpressreleases/news061208.htm=
?cssversion=3Dnormaltext
  2. http://www.cilip.org.uk/professionalguidance/copyright/lobbying/laca2.=
htm