[A2k] SCCR_16_LCA intervention on Exceptions and Limitations

[Barbara Stratton]

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. Wh=
en examining minimum limits, we encourage Member States to involve the inte=
rnational 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 b=
alance 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 ha=
s 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 th=
at better reflect the realities of the digital environment.  In addition, t=
he U.S. Copyright Office has proposed legislation that would enable the pub=
lic (including libraries, educational institutions, individuals and commerc=
ial interests)  to use "orphan works," those protected works whose rights h=
olders cannot be found or identified after a reasonable search for them has=
 been conducted.  When or if rights holders later present themselves, the r=
emedies for the use of their works would be limited.  A Congressional subco=
mmittee is holding a hearing on this issue this Thursday.  These actions de=
monstrate the United States' continued commitment to the development of exc=
eptions that facilitate the public's right to use information to advance kn=
owledge 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 chang=
e over time and that copyright exceptions should be viewed in light of thei=
r situational use. For example, the publishing industry regularly asserts f=
air 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 cit=
izens, students, scholars, and creators alike. We urge nation members to co=
nsider the importance of a broader, situation-based exemption, like fair us=
e, which ultimately benefits both rights holders and users of information.

As a reminder, libraries do not come to these forums to represent only them=
selves but also to represent the interests of the public they serve. Noneth=
eless, U.S. libraries=92 commitment to creators will never be compromised. =
As a primary purchaser of information products and services, libraries demo=
nstrate through their purchasing power the importance of and need for creat=
ors to receive compensation for their work. These economic incentives, howe=
ver, are meaningless if the public interest is not guaranteed. We respectfu=
lly 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 AT uflib DOT ufl DOT edu

Carrie Russell
Library Copyright Alliance
crussell AT alawash DOT org