[A2k] IFLA intervention of Exceptions and Limitations at WIPO SCCR/17

[Barbara Stratton]

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[ Picked text/plain from multipart/alternative ]
WIPO Standing Committee on Copyright and Related Rights
17th Session, Geneva, November 3-7, 2008
Agenda item 4: Exceptions and Limitations

Intervention by IFLA: the International Federation of Library Associations =
and Institutions, joined by CCAAA: the Co-ordinating Council of Audiovisual=
 Archives Associations.

I am speaking on behalf of IFLA: the International Federation of Library As=
sociations and Institutions together with CCAAA: the Co-ordinating Council =
of Audiovisual Archives Associations.

Firstly we would like to congratulate the Secretariat for commissioning the=
 four excellent studies on exceptions and limitations which were presented =
in the last two days. These reports have delivered valuable and important i=
nformation about the state of copyright exceptions and limitations around t=
he world, and the important issues still to be resolved in order to ensure =
that the balance established in the analogue environment between copyright =
and users' rights continues in the digital age. We also look forward to the=
 fifth study on exceptions for education and distance learning.

Many things were revealed by these reports. Notable among them is that 21 c=
ountries have not implemented any exceptions for libraries and archives and=
 many others still have not adapted their library and archive exceptions to=
 the digital age. Additionally, the study on exceptions for visually impair=
ed people found that fewer than half of WIPO member states have exceptions =
for their benefit. In fact libraries are the major gateway for the delivery=
 of information, publications and visual media in accessible formats to all=
 disabled people. We therefore would support proposals for an international=
 instrument, such as that drafted by the World Blind Union, to ameliorate t=
he situation for people with perceptual as well as physical disabilities.

A strong library and archive infrastructure is a major factor in the delive=
ry of education, research, knowledge and culture and is essential to the ec=
onomic development of any nation state. The evidence that supports the cent=
ral role of libraries and archives can be seen in all of the world's riches=
t countries whose library and archive networks are now at least 150 years o=
ld, without which they would not have the highly educated and technological=
ly savvy workforces and the industrial or service economy infrastructures t=
hey have today. Library and archive copyright exceptions, which are also fi=
t for the digital age, are essential to the delivery of the library mission=
 to meet these objectives and are essential for the development of nation s=
tates and the world's most developed countries traditionally have provided =
these.

In his acceptance speech, WIPO Director General Francis Gurry said "it woul=
d be unfortunate if we were to move from a centuries-old system of publicly=
 created and overseen rights to systems of private law simply by default, a=
s opposed to conscious choice." In particular, libraries, and consequently =
library users, are already experiencing the impact of information being sub=
ject increasingly to private contract and licensing, often enforced by tech=
nological protection measures, which in many countries is allowed to overri=
de the statutory copyright exceptions they provide. This is imposing furthe=
r restrictions on access to knowledge beyond those anticipated by the Legis=
lator and we recommend that the Committee also addresses this.

The Committee has important work before it to address the significant diffe=
rences in the copyright exceptions and their inconsistency with regard to t=
he digital environment raised by these studies. We believe the studies' fin=
dings reveal the need for a minimum level of exceptions and limitations to =
foster education and research and consequent economic growth in member stat=
es and to deliver the WIPO Development Agenda. We therefore support Brazil,=
 Chile, Nicaragua and Uruguay's proposal that the Committee address the nee=
ds identified by these studies as a high priority in its work programme.