[A2k] SCCR_16_eIFL intervention on Exceptions and Limitations

[Barbara Stratton]

Electronic Information for Libraries (eIFL.net)

Standing Committee on Copyright and Related Rights (SCCR): Sixteenth Sessio=
n
Geneva, 10-13 March 2008

Limitations and Exceptions for Libraries

Mr Chairman, thank you for giving the floor to Electronic Information for L=
ibraries, working with libraries in developing and transition countries. Th=
is statement is supported by the International Federation of Library Associ=
ations (IFLA). As this is the first time we take the floor, we would like t=
o congratulate you and the Vice-Chairs on your election.

We welcome the initiative, made during the first Special Session of the Sta=
nding Committee on Copyright and Related Rights in January 2007, by the dis=
tinguished delegation of Chile and supported by GRULAC, for this Committee =
to include limitations and exceptions as an agenda item in its normal busin=
ess.

Limitations and exceptions are at present the focus of attention by legisla=
tors, policy makers and academics. Some countries, such as the US and the U=
K, are currently consulting stakeholders on these issues with a view to pos=
sible amending legislation.
WIPO, through the auspices of this Committee, has published studies on limi=
tations and exceptions in the digital environment (Ricketson, 2003), for bl=
ind and visually impaired people (Sullivan, 2007) and a new WIPO report exa=
mining limitations and exceptions for libraries is expected in 2008 (Crews)=
.

Last week, a major new study was launched by two leading academics (Hugenho=
ltz and Okediji), which puts forward the case for an international instrume=
nt 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 ana=
logue world.
The agreed statement to Article 10 of the WIPO Copyright Treaty states that=
 Member States may extend existing exceptions and limitations to the digita=
l environment and may devise new exceptions appropriate to the digital netw=
ork environment. This was an attempt to provide a remedy to such future iss=
ues. Twelve years on, we believe that the issues faced by libraries and oth=
ers 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 paperbo=
und yet the basic format for most content has become digital. Librarians fi=
nd themselves struggling with unsuitable exceptions and limitations to adeq=
uately deliver content and services in the digital age and have to adopt so=
metimes absurd practices in order to comply with copyright law. Library ser=
vices 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 suggestio=
n to hold an information session at the next meeting of the SCCR, after pub=
lication of the forthcoming WIPO study on library limitations and exception=
s, to share the experiences of Member States and provide a forum for discus=
sion. 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 o=
f people around the world who still lack access to books and other educatio=
nal materials, and also open up rapid advances in information and communica=
tion technologies that are fundamentally transforming the processes of prod=
uction, dissemination and storage of information.

Libraries are key to this process. We welcome the opportunity to contribute=
 to the discussion.


Contact: Teresa Hackett teresa DOT hackett AT eifl DOT net