[A2k] eIFL_IFLA joint intervention_WIPO Gen Assemblies on proposed Broadcasting Treaty

[Barbara Stratton]

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EIFL: Electronic Information for Libraries
IFLA: International Federation of Library Associations
Joint Intervention
Assemblies of the Member States of WIPO
Geneva, September 25 to October 3, 2006
This is a joint statement by Electronic Information for Libraries and the
International Federation of Library Associations. eIFL represents leading
academic, research and public libraries in 50 developing and transition
countries. IFLA represents the interests of libraries and the users of library
services throughout the world.
I will speak to the proposed treaty on the protection of broadcast
organisations.
Access to knowledge is essential for the functioning of a healthy and
democratic society. Access to knowledge is fundamental to education and
research and the creation of human capital upon which the development of
societies depend. This is especially true in the information society where
economic progress depends on having a literate and educated population.
Libraries of all types are the starting point from which citizens can have
access to information on an equal basis and in a trusted and neutral
environment. Through their vast collections, they enable access for all
members of the community to global knowledge resources, ideas and opinions
thus fostering a creative and innovative society. Libraries increasingly
provide access to all kinds of content available over the internet.
The dissemination of information, through traditional broadcast and new media,
plays an important role in education and development. There are great
opportunities for innovative services and delivery to many more people,
especially in developing countries.
Libraries also hold recorded audio visual material in their collections. This
means that we are intermediaries, whose role is to provide access to this
material.
Libraries oppose the broadcast treaty as we believe that there is no
compelling public policy reason for such a treaty given the existence of the
Rome Convention.
There are two problem areas in particular.
The treaty introduces a new set of rights which libraries would have to clear
in order to use the material. Rights clearance is already a costly and
time-consuming task. In countries that have well functioning collecting
societies, authors and performers generally allow their rights to be managed
collectively. Broadcasters, film and recording companies on the other hand,
generally prefer to clear their rights themselves. When there are a few
monopoly organisations maybe this is workable, but as broadcasting is
liberalised and many more players enter the market, this process will become
even more complex. In reality, we know that rights clearance will prove
difficult, if not impossible in many cases. The result will be to hinder
access to broadcast material through libraries.
The inclusion of exceptions and limitations may be considered a solution.
However, exceptions and limitations are optional and are left up to the
national legislature. Furthermore, the list of exceptions may be exhaustive.
Most importantly, we know that many countries do not avail themselves of
flexibilities in their international treaty obligations. This means that
concessions negotiated at international level are not translated into public
benefit at national level, especially in developing countries.
This proposed treaty would impose an additional burden on already
under-resourced libraries in some of the poorest countries of the world.
If the General Assembly agrees to convene a diplomatic conference, Mr
Chairman, we therefore request that any treaty limits itself to its intent
i.e. to protect signal theft and that it excludes webcasting entirely.
The value of libraries and their contribution to education, culture and
society, in particular for development, is widely acknowledged. With this in
mind, I kindly ask you to consider our views.
Thank you, Mr Chairman.
Contacts
IFLA:   Barbara Stratton Barbara DOT Stratton AT cilip DOT org DOT uk
EIFL:   Teresa Hackett   teresa DOT hackett AT eifl DOT net