[A2k] Library Copyright Alliance Statement on Exceptions and Limitations at WIPO

[Manon Ress]

Library Copyright Alliance
http://www.librarycopyrightalliance.org/

American Association of Law Libraries
American Library Association
Association of Research Libraries
Medical Library Association
Special Libraries Association

STATEMENT FROM THE LIBRARY COPYRIGHT ALLIANCE ON EXCEPTIONS AND
LIMITATIONS

WIPO STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS
SIXTEENTH SESSION, GENEVA, 10-12 MARCH 2008


Mr. Chairman, the Library Copyright Alliance appreciates the
opportunity to speak before this forum about an issue that is so
central to libraries and the public. We are a coalition of the five
major U.S. library associations offering this statement regarding
copyright exceptions and limitations. When examining minimum limits,
we encourage Member States to involve the international community of
libraries when establishing norms that do not limit the rights of the
public to use information for the advancement of learning and
knowledge creation.

The effectiveness of the U.S. copyright system is rooted in the
effective balance between the rights of users' to access information
and the interests of rights holders.  Limitations and exceptions to
copyright are the legal mechanisms necessary to achieve this balance.
The U.S. Copyright Office has advanced the importance of limitations
and exceptions by conducting a two year study on Section 108 of the
U.S. copyright law to update reproduction, preservation, and
replacement exceptions for libraries and their users that better
reflect the realities of the digital environment.  In addition, the
U.S. Copyright Office has proposed legislation that would enable the
public (including libraries, educational institutions, individuals and
commercial interests)  to use "orphan works," those protected works
whose rights holders cannot be found or identified after a reasonable
search for them has been conducted.  When or if rights holders later
present themselves, the remedies for the use of their works would be
limited.  A Congressional subcommittee is holding a hearing on this
issue this Thursday.  These actions demonstrate the United States'
continued commitment to the development of exceptions that facilitate
the public's right to use information to advance knowledge and learning.

The United States saw the need for a broad exemption =96 fair use =96 that
recognizes that the formats and delivery mechanisms of knowledge will
change over time and that copyright exceptions should be viewed in
light of their situational use. For example, the publishing industry
regularly asserts fair use when incorporating content from earlier
works. Likewise, a computer scientist relies on fair use when reverse
engineering a computer security threat. Fair use advances free speech
and the right to free inquiry for citizens, students, scholars, and
creators alike. We urge nation members to consider the importance of a
broader, situation-based exemption, like fair use, which ultimately
benefits both rights holders and users of information.

As a reminder, libraries do not come to these forums to represent only
themselves but also to represent the interests of the public they
serve. Nonetheless, U.S. libraries=92 commitment to creators will never
be compromised. As a primary purchaser of information products and
services, libraries demonstrate through their purchasing power the
importance of and need for creators to receive compensation for their
work. These economic incentives, however, are meaningless if the
public interest is not guaranteed. We respectfully submit that
copyright law requires that economic rights have limits =96 not to the
detriment of the content industry, but to ensure the purpose of
copyright law to advance creativity and knowledge in the interests of
all.

Thank you once again for this opportunity to share our views and
expertise on this critical issue.


Contacts:

Lori Driscoll
Library Copyright Alliance
ldriscoll@uflib.ufl.edu

Carrie Russell
Library Copyright Alliance
crussell@alawash.org