[A2k] Joint Library handout at WIPO PCDA_4

[Barbara Stratton]

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Dear colleagues
Apologies for cross-posting.
A joint paper follows below from IFLA: the International Federation of Libr=
ary
Associations, the (US) Library Copyright Alliance (LCA) and eIFL:Electronic
Information for Libraries setting out the Library position with regard to t=
he
negotiations in Geneva this week on the WIPO Development Agenda.
Kind regards
Barbara Stratton
Senior Policy Adviser, CILIP: the Chartered Institute of Librarians and
Information Profesionals (UK)
Member, IFLA Copyright and other Legal Matters Committee
International Federation of Library Associations (IFLA)
Library Copyright Alliance (LCA)
Electronic Information for Libraries (eIFL)
Provisional Committee on Proposals Related to a WIPO Development Agenda
Fourth Session, Geneva, 11-15 June 2007
A Development Agenda for WIPO
Why libraries care
=93Libraries are essential to the free flow of ideas and to maintaining,
increasing and spreading knowledge. As repositories of books and other prin=
ted
material, they are key to promote reading and writing=85 The development of
information technologies, and in particular the Internet, has created a
completely new environment in which the role of traditional information
services must be thoroughly revised. The potential of networking, cooperati=
on
and digitisation modify substantially the functions of acquiring, storing a=
nd
disseminating information and knowledge. Here, special attention must be pa=
id
to the least developed countries so that they do not lag behind technologic=
al
advances=94.
The role of libraries
Libraries collect, organise, preserve and make available the world=92s cult=
ural
and scientific heritage for current and future generations. Professional
librarians believe that people, communities and organisations need universa=
l
and equitable access to information, ideas and works of imagination for the=
ir
social, educational, cultural, democratic and economic well-being. The
delivery of high quality library and information services helps guarantee t=
hat
access .
There are many different types of libraries e.g. public libraries, school,
college and university libraries, research libraries, health libraries and
commercial and industrial libraries. They all have one thing in common
however; they constitute the basis from which all citizens can have equal
access to quality information and knowledge in a trusted and neutral
environment.
Libraries and development
A strong library infrastructure is an integral part of a nation=92s develop=
ment.
This is evidenced by the most developed nations, such as Canada and Norway,
who together have held the number one spot in the Human Development Index o=
ver
the last ten years .
Libraries work to support the major human development issues of literacy,
lifelong learning, preservation of our cultural heritage, the bridging of t=
he
digital divide and sustainable
development. Projects supporting library infrastructures in developing
countries and assisting their transition into the digital age include:
=B7book-lending points at local fairs and markets in Latin America to encou=
rage
people to extend their reading into new and untried areas;
=B7the creation of a rural library network in Andean Latin America  to give
access to information in the Qu=E9chua language;
=B7training librarians in southern Africa to manage digital and virtual
libraries.
The greatest resource for development is the human resource. In the
information society, this means that an educated population is essential to
economic progress. A basic building block for a well educated population is=
 a
literate population. There is a direct correlation between literacy rates a=
nd
library holdings. Research has shown that countries with the lowest library
holdings per inhabitant have the lowest literacy rates . Libraries build
capacity by promoting information literacy and providing support and traini=
ng
for effective use of information resources.
The Millennium Development Goals are one of the great challenges facing the
international community. Developing countries must ensure that learning
content is made available to the widest possible base as part of their focu=
s
in achieving the Millennium Development Goals .
Libraries and digital technologies
Digital technologies are transforming how works, both copyrighted and publi=
c
domain, are created, disseminated and used, as well as how libraries and
archives preserve and make these works available. The digital environment h=
as
the potential to transform access and use, especially for those disadvantag=
ed
by distance or economic circumstance. ICTs offer libraries wonderful new wa=
ys
of providing access to global resources in a local setting and opportunitie=
s
to develop new services. For example, academic and research libraries in 50
eIFL.net member countries are benefiting from access to dozens of major
databases in humanities & literature, science & technology and business
information.
In future, students in Dakar or Phonm Penh can have access to the same
resources as a student in Oxford or Harvard. Through their libraries,
developing country scientists and scholars can have access to first class
electronic information, enabling them to become world class researchers.
Libraries and copyright
Libraries support copyright because we recognise the need for creators to b=
e
rewarded for their work and for creative works to be protected from unfair
exploitation. We uphold copyright laws and encourage our users to respect
them.
But copyright is not just about protection for rightsholders. Copyright was
from the beginning meant to balance the need to protect creators with the
user=92s right to access information for teaching, learning and further cre=
ative
endeavours. The mechanism that makes copyright work is in fact, the excepti=
ons
and limitations and a limited term of protection, combined with adequate
protection of copyright.
Librarians believe that the traditional copyright balance has been severely
eroded, especially in the digital environment, where content providers atte=
mpt
to use contracts to override statutory exceptions and limitations. Libraria=
ns
all over the world are publicly voicing their concerns about the global tre=
nd
which favours rightsholders, representing an increasingly narrow range of
global commercial interests, at the expense of society as a whole and in
particular, at the expense of developing countries. Unbalanced and
disproportionate copyright laws further inhibit access to resources or impo=
se
unrealistic costs on already disadvantaged societies.
Libraries and the WIPO development agenda
The international library community strongly supports the Group of Friends =
of
Development because we believe that their proposals will help to buck the
trend. We welcome the opportunity to contribute to discussions on a
Development Agenda over the last two years. We appreciate the constructive
efforts of Member States and the Secretariat. We believe that the outcomes
thus far are positive. Now it is important to ensure that there is consensu=
s
on the remaining substantive issues and that there is an agreed mechanism o=
n
how the accepted proposals are incorporated into the work programme of WIPO=
.
In particular, we wish to highlight some proposals of prime importance to
libraries.
Cluster A
To develop and improve national institutional capacity, inter alia, to ensu=
re
a fair balance between IP protection and safeguarding the public interest.
It is important that national policy makers promote the use of options and
flexibilities and that they consult with all stakeholders, including
librarians.
Cluster B
To draw up proposals for the preservation and identification of, and access=
 to
the contents of the public domain.
The public domain is part of the common cultural and intellectual heritage =
of
human and is a major source of inspiration, imagination and discovery for
creators. We believe that WIPO has a role in this regard because copyright
norms set by WIPO, in particular the scope and duration of rights, impact o=
n
the public domain. When private rights on content are increased, material i=
n
the public domain decreases.
To consider the possibility of establishing in WIPO an area of analysis and
discussion of incentives for promoting creative activity, innovation and
technology transfer, considering inter alia the possibility of a treaty on
access to knowledge and/or other instruments and mechanisms to achieve acce=
ss
to knowledge, alongside free and open development and creative commons mode=
ls.
We believe that an essential tool for the successful implementation and
delivery of the Development Agenda is the formulation, in due course, of a
treaty on access to learning and knowledge to update the WIPO internet
treaties (WCT and WPPT) to rebalance copyright and render it fit for the
modern age. We call on Member States to agree without prejudice to consider
future proposals for such a treaty. We support the sensible suggestion put
forward in the recent ICTSD paper  by Ron Marchant (until March 2007, the
Chief Executive of the UK Patent Office) and Sisule Misungu that WIPO holds=
 an
Open Forum next year =93to consider the feasibility, objectives and scope o=
f a
possible treaty on access to knowledge and technology to discuss other mode=
ls
to support innovation other than those driven by traditional IP e.g., open
collaborative projects, open source software development and others.=94  It=
 is
important for the Development Agenda=92s success that such discussions lead=
 to
concrete outcomes and are not an end in themselves.
To include in working documents for norm setting activities provisions on,
inter alia, mechanisms to prevent anti-competitive practices and abuse of
monopoly rights; flexibilities and policy space for the pursuit of public
policies; exceptions and limitations; differential treatment provisions for
developing and least developed countries.
Librarians support the public policy goals enshrined in the principle of
exceptions and limitations. Long-standing exceptions and limitations, desig=
ned
mainly for the print environment, must be must be re-stated and updated for
the digital era to underpin access provisions for libraries.
Cluster D
To establish an independent development impact assessment capability within
WIPO with respect to technical assistance, technology transfer and
norm-setting, which could evolve towards an independent Evaluation and
Research Office (WERO) that would be responsible for, inter alia, evaluatio=
n
of all WIPO=92s programs and activities and carrying out of =93Development =
Impact
Assessments=94 in norm-setting activities, and technical cooperation.
We believe that this would boost confidence and enhance the role of WIPO, a=
nd
in particular, its standing amongst all stakeholders.
Cluster F
To renew the mandate of the PCDA in order to review the implementation of
agreed recommendations and to continue discussion of proposals that were no=
t
subject of a decision in the 2006 General Assembly.
A great deal of effort has been invested in the Development Agenda process =
by
all involved. This proposal will ensure that there is a forum to monitor
implementation and to continue discussion.
Electronic Information for Libraries (eIFL.net) is an international
not-for-profit library consortium which advocates for the wide availability=
 of
electronic information for libraries in developing countries and countries =
in
transition. Its global membership embraces nearly 4,000 leading libraries
serving millions of users in 50 countries in Africa, Asia, Eastern Europe,
former Soviet Union and the Middle East.
The International Federation of Library Associations (IFLA) is a
not-for-profit public interest membership based organisation. Since 1927 IF=
LA
has represented the world=92s major libraries and library associations and
through its 1700 member organisations in 150 countries it speaks for hundre=
ds
of thousands of professional librarians around the world.
The Library Copyright Alliance (LCA) consists of five major library
associations - the American Association of Law Libraries, the American Libr=
ary
Association, the Association of Research Libraries, the Medical Library
Association, and the Special Libraries Association. Collectively representi=
ng
over 80,000 information professionals and thousands of libraries of all kin=
ds
throughout the United States, these five associations cooperate to address
copyright issues that affect libraries and their patrons.
Contacts:
IFLA: Barbara Stratton <Barbara DOT Stratton AT cilip DOT org DOT uk>
LCA: Bob Oakley <oakley AT law DOT georgetown DOT edu>
eIFL.net: Teresa Hackett <Teresa DOT Hackett AT eifl DOT net>