[A2k] US Library Copyright Alliance (LCA) intervention on Exceptions and Limitations at WIPO SCCR/17

[Barbara Stratton]

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Mr. Chairman, the Library Copyright Alliance appreciates the opportunity to=
 speak before this forum on this important issue. We would also like to exp=
ress our appreciation to WIPO for commissioning these important studies and=
 hosting these informative sessions.

For libraries, copyright exceptions are critical to meeting our missions to=
 support learning and research, provide equitable access to information to =
the public, and preserve cultural heritage. At the same time, libraries rec=
ognize the need for creators to be rewarded for their work and for creative=
 works to be protected from unfair exploitation. It is noteworthy that cont=
ent spending by the global library market is $22.5 billion.

It is the position of some that the current state of copyright protection s=
ufficiently provides limitations and exceptions for libraries to fulfil the=
ir public service mission. Although copyright protections are mandated by i=
nternational treaties and are required, most limitations and exceptions are=
 optional, dependent upon the statutes in each country. This has resulted i=
n great variations that are often in conflict with one another in a globali=
zed, networked world. While protections have been strengthened and extended=
 in this digital era, limitations and exceptions have not been addressed.

Copyright exceptions should make sense in the digital world where informati=
on is the primary currency. Currently, different rules apply to different f=
ormats, but all formats should be equal in terms of exceptions that apply t=
o their use. For example, the laws limiting preservation copies to three or=
 limiting use to the physical premises of the library are outmoded in a dig=
ital environment. Because there is no exception for long-term preservation,=
 digitization projects, particularly multinational cooperatives, are hamper=
ed.

There is a need to clarify and re-state the role of limitations and excepti=
ons for libraries in the digital age. Sharing information on national polic=
ies on limitations and exceptions and their fit within international law is=
 an important first step to constructive work on these issues. We encourage=
 the involvement of the library community in these discussions.

The Library Copyright Alliance supports the proposal presented at the Sixte=
enth Session of the WIPO Standing Committee on Copyright and Related Rights=
 by Brazil, Chile, Nicaragua, and Uruguay for work related to exceptions an=
d limitations.  We believe that there is a need for this committee to adopt=
 a work plan that will identify national models and best practices. We hope=
 consensus is achieved on a recommended set of minimum exceptions and limit=
ations for libraries with a situation-based and flexible exemption like fai=
r use.