[A2k] RE: [IFLA-CLM] eIFL_IFLA joint intervention_WIPO Gen Assemblies on proposed Broadcasting Treaty

[Alex Byrne]

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Thank you, Barbara et al



Two excellent interventions!



Regards



Alex



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Dr Alex Byrne  FALIA  FAIM
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and Vice President (Alumni and Development)

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________________________________

From: Barbara Stratton [mailto:barbara.stratton@cilip.org.uk]
Sent: Friday, 29 September 2006 9:07 AM
To: ifla-clm@infoserv.inist.fr; eblida-ceg@sympa.kaapeli.fi;
a2k@lists.essential.org
Subject: [IFLA-CLM] eIFL_IFLA joint intervention_WIPO Gen Assemblies on
proposed Broadcasting Treaty



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