[A2k] eIFL/IFLA written statement at WIPO SCCR

[teresa.hackett@eifl.net]

Joint Statement

Special Session of the Standing Committee on Copyright and Related Rights (=
SCCR)
: First Session
Geneva, January 17 to January 19, 2006

Limitations and Exceptions for Libraries

Electronic Information for Libraries (eIFL) and the International Federatio=
n of
Library Associations (IFLA) have argued in our previous statements that any
draft treaty on the protection of broadcast organisations limits itself to =
its
intent i.e. to prohibit signal piracy. We welcome the endeavours in the Cha=
ir=92s
discussion non-paper that the =93focus should be set on the protection of t=
he live
signal=94 and on signal theft.

Both our organisations support the Joint Statement of Certain Civil Society=
,
Private Sector and Rightsholder Representatives. Point three of the stateme=
nt
argues that any treaty that allows for broader rights must be accompanied b=
y an
equally broad set of mandatory exceptions and limitations. We believe that =
this
is a time consuming task for the purposes of this draft treaty and in the
signal based approach, it is unnecessary.

The alternative rights based approach would involve crafting appropriate
exceptions and limitations, an increasingly complex task for the digital ag=
e.
Today we live in a global digital environment. But the exceptions and
limitations with which we work were developed in an analogue world. They ar=
e
paperbound. The basic format for most content has become digital. Librarian=
s
find themselves struggling with unsuitable exceptions and limitations to
adequately deliver content and services in the digital age. Nowadays, libra=
ries
must adopt sometimes absurd practices in order to comply with copyright law=
.
Libraries services are stymied when they should be expanding and developing=
 in
response to new technologies. Analysis and guidance on the issues is necess=
ary.

The agreed statement to Article 10 of the WIPO Copyright Treaty, which stat=
es
that Member States may extend existing exceptions and limitations to the
digital environment and may devise new exceptions appropriate to the digita=
l
network environment, was an attempt to provide a remedy to such future issu=
es.
Ten years on, we believe that the problems faced by libraries have become t=
oo
complex to be properly addressed by this general statement expressing an
intention.

Exceptions and limitations are being undermined in substance because they a=
re
bound to an ageing technology. As a result of the change in format from pri=
nt
to digital, libraries have largely become subject to contract law instead o=
f
copyright law. Libraries experience on a daily basis how exceptions and
limitations are being undermined in principle by contracts which seek to
override statutory exceptions and limitations and are enforced by technolog=
ical
protection measures. We believe that this serves to undermine copyright law
itself. Analysis and guidance on the issues is necessary.

This is why we welcome the initiative of the distinguished delegation of Ch=
ile
and the support of GRULAC for this committee to consider exceptions and
limitations for libraries, education and the disabled in its regular work. =
The
proposal by Chile for a study on exceptions and limitations for libraries i=
s
therefore a welcome step.

Libraries are an essential component for education and research, the acquir=
ing
of knowledge and culture by citizens, and for the enlightenment of society.
This role has traditionally been recognised through exceptions and limitati=
ons
for libraries as expressed in international treaties and national copyright
laws.

We would wish for the proposed study to identify the problems, illustrated =
by
case studies from a range of real experiences, from the local public librar=
y to
the world=92s great research libraries. Different remedies would be analyse=
d,
followed by recommendations of practical benefit to libraries. In this way,=
 we
would hope that the role of exceptions and limitations for libraries in the
digital environment would be reinvigorated.

eIFL and IFLA believe that WIPO is the natural organisation to host such a =
study
and we would be pleased to be of any assistance in this regard.


Contacts:=09Teresa Hackett eIFL <teresa.hackett@eifl.net>
Harald von Hielmcrone IFLA <hvh@statsbiblioteket.dk>



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