[A2k] SCCR_16_IFLA intervention on Exceptions and Limitations

[Barbara Stratton]

Standing Committee on Copyright and Related Rights (SCCR): 16th Session
Geneva, 10-12 March 2008

Limitations and Exceptions for Libraries

Mr Chairman, we firstly would like to congratulate you and the Vice-Chairs =
on your election. This statement by the International Federation of Library=
 Associations is supported by Electronic Information for Libraries and focu=
ses on Limitations and Exceptions for libraries.

We believe that exceptions and limitations are being undermined in substanc=
e because they were created to deal with specific technologies and formats =
which are these days quickly outmoded. As a result of the change from print=
 to digital, the information content held by libraries has largely become s=
ubject to contract law instead of copyright law. Libraries experience on a =
daily basis how contracts and licences specifically seek to override and un=
dermine statutory exceptions and limitations. Furthermore, the licences are=
 increasingly enforced by technological protection measures.

This serves to undermine copyright law itself.

Libraries strongly support the public policy goals enshrined in the princip=
le of exceptions and limitations.

Libraries, and the people who use libraries, rely on exceptions and limitat=
ions without which every exclusive right, such as reproduction and communic=
ation to the public, would be subject to the granting of a permission from =
the rightowner.

This would be impractical both for libraries and their users and would thre=
aten the core functioning of libraries. It also threatens the exchange of i=
deas and free flow of knowledge which are the bedrock of the creative indus=
tries, of culture, education and research. The use of copyright works, even=
 when compliant with the Three-Step Test, unreasonably becomes subject to e=
xcessive control and censorship by monopolies.

In the light of continuing technological change, we need to ask ourselves h=
ow do long-standing exceptions and limitations designed mainly for an analo=
gue environment serve libraries in the electronic environment, and what cha=
nges need to be made in order to preserve and enhance the role and mission =
of libraries in the digital era.

Librarians believe that the current law is inadequate because it relates to=
 modes of access and delivery that were formulated for a print world. For e=
xample, in the digital world, a limitation to the making of a specified num=
ber of copies for preservation purposes is nonsensical. Likewise, implied a=
nd express prohibitions on what is permitted outside the physical premises =
of the library are outmoded.

In many countries the law does not cater for new requirements such as the p=
reservation of websites and other digital media, regarded as a rich source =
of content for future generations of researchers. Without adequate legal pr=
ovisions, libraries may only gather content for which they have permission,=
 an ill-suited approach to a task of this nature.

What we have now is uncoordinated and unbalanced and is a minefield for lib=
raries operating in a globalised and digital world. This has come about bec=
ause, apart from the exception for quotation in Article 10(1) of the Berne =
Convention, hitherto the exceptions have always been optional in every inte=
rnational and regional instrument. We therefore call upon WIPO to work towa=
rds the introduction of mandatory minimum limitations and exceptions.

There is a need to clarify and re-state the role of limitations and excepti=
ons for libraries in the digital age. They need to be fair and balanced, te=
chnology neutral and take full account of the public interest. Copyright la=
w, rather than private contract law and the IP provisions in trade agreemen=
ts should underpin access provisions for libraries. A rationalisation of th=
e law should also lead to greater public respect for copyright.

We support the proposal of the Chilean delegation for an information sessio=
n to allow Member States to have a full and open discussion and will be ple=
ased to provide assistance and advice.

Thank you, Mr Chairman