[A2k] Teresa Hackett: eIFL statement at WIPO SCCR on E&L

[Manon Ress]

Thank you for giving the floor to Electronic Information for
Libraries, working with libraries in developing and transition
countries. This statement is supported by the International Federation
of Library Associations. As this is the first time we take the floor,
we would like to congratulate you and the Vice-Chairs on your election.

We welcome the initiative by the distinguished delegation of Chile,
supported by GRULAC, for this Committee to include limitations and
exceptions as an agenda item.

Limitations and exceptions are at present the focus of attention by
legislators, policy makers and academics.

?	Some countries, such as the US and the UK, are currently consulting
stakeholders on these issues with a view to possible amending
legislation.

?	WIPO, through the auspices of this Committee, has published studies
on limitations and exceptions in the digital environment, for blind
and visually impaired people and a new WIPO report examining
limitations and exceptions for libraries is expected in 2008.

?	Last week, a major new study was launched by two leading academics
(Professors Hugenholtz and Okediji), which puts forward the case for
an international instrument on limitations and exceptions.

Altogether this significant body of work provides a rich source of
material for an informed and open debate on this important topic.

Why is debate necessary? Today we live in a global digital
environment. But the exceptions and limitations with which we work
were developed in an analogue world.

The agreed statement to Article 10 of the WIPO Copyright Treaty states
that Member States may extend existing exceptions and limitations to
the digital environment and may devise new exceptions appropriate to
the digital network environment. This was an attempt to provide a
remedy to such future issues. Twelve years on, we believe that the
issues faced by libraries and others have become too complex to be
properly addressed solely by this general statement expressing an
intention.

As a result, limitations and exceptions in many countries are still
paperbound yet the basic format for most content has become digital.
Librarians find themselves struggling with unsuitable exceptions and
limitations to adequately deliver content and services in the digital
age and have to adopt sometimes absurd practices in order to comply
with copyright law. Library services are hindered when they should be
expanding and developing in response to new technologies.

Analysis and guidance on the issues is necessary. We believe that
WIPO, and in particular this Committee, is the natural organisation
and can provide leadership for such a discussion. We respectfully put
forward the suggestion to hold an information session at the next
meeting of the SCCR, after publication of the forthcoming WIPO study
on library limitations and exceptions, to share the experiences of
Member States and provide a forum for discussion. In particular,
developing countries and LDCs would benefit from this discussion.

As the Hugenholtz and Okediji report states:
Appropriately designed limitations and exceptions may alleviate the
needs of people around the world who still lack access to books and
other educational materials?

Libraries are key to this process. We welcome the opportunity to
contribute to the discussion. There are copies of this statement in
English and Russian on the table outside this room. Thank you, Mr
Chairman.


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