[A2k] RE: IFLA_eIFL joint intervention_WIPO Gen Assemblies on the Development Agenda

[Barbara Stratton]

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-----Original Message-----
From:   Barbara Stratton
Sent:   Fri 29/09/2006 00:10
To:     ifla-clm@infoserv.inist.fr; eblida-ceg@sympa.kaapeli.fi;
a2k@lists.essential.org
Cc:
Subject:        IFLA_eIFL joint intervention_WIPO Gen Assemblies on the
Development Agenda
IFLA: International Federation of Library Associations
EIFL: Electronic Information for Libraries
Joint Intervention

Assemblies of the Member States of WIPO
Geneva, September 25 to October 3, 2006
The WIPO Development Agenda (PCDA)
Mr Chairman, this is a joint statement by IFLA: the International Federatio=
n
of Library Associations and eIFL: Electronic Information for Libraries. IFL=
A
represents the world=92s major library organisations and through its member=
s in
150 countries it speaks for hundreds of thousands of professional librarian=
s
around the world. EIFL represents leading academic, research and public
libraries in 50 developing and transition countries.  We are speaking on th=
e
subject of the WIPO Development Agenda.
The proposals being discussed by the PCDA have unfortunately again reached
impasse. However, it is also clear from the Report of its June meeting that
many Member States are working towards compromise and wish the process to
continue. This is important to librarians and library users because librari=
es
are essential to the advancement of knowledge yet the current copyright reg=
ime
is hindering that goal, especially in the digital environment.
The transfer and exchange of information and knowledge is a global process
which closely binds developing and developed countries. Libraries co-operat=
e
to deliver global electronic access to information. Through NGOs such as eI=
FL,
researchers in developing and transition countries are gaining access to
online journals and databases transforming education and research. Likewise
libraries are using technology to provide innovative new services which bri=
ng
global resources into local settings.
Recent examples are The British Library Turning the Pages  project which is
opening its public domain treasures to the world, and "digital" bookmobile
projects to put thousands of public domain books into schools, homes and
libraries in Uganda and Ghana and other countries.   Yet some library digit=
al
projects have been held back for years or may never see the light of day, d=
ue
to copyright issues and the inability to obtain the necessary licences.
Librarians in many countries are publicly stating their concerns about the
global trend which is seriously tipping the scales in favour of rightholder=
s,
who are increasingly representing a narrow range of global commercial
interests, at the expense of society as a whole and in particular at the
expense of developing countries. Access to knowledge and information provis=
ion
in the digital environment is impeded by five key factors:
=B7       The question of digital copyright presents increasing problems fo=
r
libraries since the Agreed Statement to Article 10 in the WIPO Copyright
Treaty, which allows the extension of existing exceptions and limitations t=
o
the digital environment, has not been implemented in unambiguous terms into
all national copyright laws.
=B7       New layers of sui generis rights on information delivery such as =
the
EU Database Right and the proposed protection for signals for as long as 50
years in the Basic Proposal for a WIPO Broadcasting Organisations=92 Treaty=
.
=B7       The shrinking of the public domain through pressure for ever upwa=
rd
harmonisation of the term of copyright protection, despite the need of the
creators and entrepreneurs for a strong and vibrant public domain to provid=
e
them with new opportunities for research, scholarship and innovation.
=B7       Restrictions imposed by technology through the legal protection o=
f
Technological Protection Measures. These not only prevent libraries and use=
rs,
including print disabled people, from benefiting from statutory copyright
exceptions but also frustrate libraries=92 statutory digital preservation
programmes.
=B7       Restrictions imposed by contract. In most jurisdictions licences =
and
contracts are allowed to override statutory exceptions to copyright, yet ma=
ny
are diminishing the user rights provided by exceptions and limitations
resulting in a loss of the traditional balance in copyright. National
copyright legislation needs to provide for compulsory licence schemes and f=
or
all information and copying licences to be subject to national limitations =
and
exceptions to copyright.
For all these reasons, WIPO must successfully establish and implement a
Development Agenda. The proposals are thoughtful and substantive. We call o=
n
Member States to continue discussions in a forum and a manner that is
inclusive and which enables the proposals of all Member States to be fully =
and
fairly considered. We believe the outcome must be cross-cutting and that
development issues must be integrated across all work areas. We believe tha=
t
it is premature for a permanent body to be established until agreement has
been reached on the substantive issues.
Thank you, Mr Chairman for your attention.
Contacts
IFLA:   Barbara Stratton Barbara DOT Stratton AT cilip DOT org DOT uk
EIFL:   Teresa Hackett   teresa DOT hackett AT eifl DOT net