[A2k] Library statement at WIPO CDIP/3

[teresa.hackett@eifl.net]

This message is in MIME format.
--
[ Picked text/plain from multipart/alternative ]
Content-Description: Plaintext Version of Message

JOINT STATEMENT FROM
LIBRARY COPYRIGHT ALLIANCE (LCA)
AND
ELECTRONIC INFORMATION FOR LIBRARIES (eIFL.net)

WIPO COMMITTEE ON DEVELOPMENT AND INTELLECTUAL PROPERTY
THIRD SESSION, GENEVA, 27 APRIL-1 MAY 2009

Thank you, Mr. Chairman, for the opportunity to make this joint
statement on behalf of Electronic Information for Libraries, the
Library Copyright Alliance, and the
International Federation of Library Associations and Institutions. We
sincerely
congratulate you on your reelection as chair of this committee. We
would also like to
express our gratitude to the Secretariat for the substantial efforts
made since the last
meeting in developing a concrete work plan, and for the impressive
documents relating to thematic projects. Our organizations represent
the world=E2=80=99s public, academic and research libraries. Our comments
relate to copyright issues.

Referring generally to Agenda Item 6, to documents CDIP/3/5 and
CDIP/3/INF/2, we welcome the detailed examples of activities that
illustrate an increased transparency in this process, and accelerated
progress toward the Development Agenda goals. We welcome the emphasis
on use of legal options and flexibilities, including the work of the
SCCR on limitations and exceptions for the visually impaired, for
libraries and archives, and for education, and the workshop organized
by WIPO on digital preservation and copyright held in July 2008, that
revealed an urgent global need for copyright exceptions to enable
library preservation of cultural heritage and memory, especially in
developing nations. We encourage further concrete measures to expand
the scope of exceptions in national laws throughout the world.

At the same time we feel it necessary to point out traces in these document=
s,
particularly in document CDIP/3/5, to efforts that reflect not so much
a change in
direction, as an enhanced emphasis on objectives that WIPO has
traditionally promoted. Activities focused primarily on IP protections
and=C2=A0 IP culture, for example, are not necessarily
development-oriented. Such efforts likely benefit rightholders in
developed nations, and while they may also benefit a limited segment
of the populations in developing nations (private interests), they do
not address the broader interests of developing societies. There is
little evidence that the placement of the adjective =E2=80=9Cdevelopment=E2=
=80=9D in
these descriptions will result in the kind of change needed. We hope
that as the work program expands, there will be more evidence of a
change in focus in the group of 19 Recommendations, and less reliance
on existing, outdated structures and goals.

Referring to Agenda Item 7, we would like to comment on several
activities under
consideration. Concerning recommendation 20 in CDIP/3/3, we strongly
support work that contributes to a better understanding of the public
domain. We must be mindful that the purpose of this activity should be
for facilitating access for the public and not for monetizing content
to create new markets for the private sector, so we agree with the
need to preserve such content from individual appropriation as
outlined in the thematic document entitled =E2=80=9CIntellectual Property a=
nd
the Public Domain=E2=80=9D in CDIP/3/4.

With respect to recommendation 22 in CDIP 3/3, we ask that an emphasis
be placed on subpoints d) on potential flexibilities, exceptions and
limitations for Member States;
and e) on the possibility of additional special provisions for
developing nations and
LDCs. This is one of the most productive areas in which the work
program could enhance access to knowledge for developing nations.
Exceptions are important to libraries and to people everywhere, but
they are of critical importance to developing countries whose capacity
to access knowledge is defined primarily by exceptions and limitations.

We therefore encourage WIPO to formulate a project document to examine
core limitations and exceptions to benefit developing nations and to
develop guidelines for IP administrators on their implementation. The
academic and library community would be most happy to assist in
formulating the study.

We have three more brief comments concerning thematic projects.

We would like to comment on the issue of competitive licensing
practices, treated in
CDIP/3/3, under recommendation 23, and also in CDIP /3/4 Annex II
under thematic project title =E2=80=9CIntellectual Property and Competition
Policy.=E2=80=9D This is a key area for libraries. Today libraries acquire
most of their electronic content through licenses, and often
experience difficulties when the exclusive rights to content are owned
by a single entity that holds a monopoly, that precludes negotiation
for favorable prices and contract terms. In countries with advanced
anti-competition laws, libraries may have remedies, but in countries
that do not, there are no alternatives. We support the study of
competition policy in selected countries and regions, with a focus on
IP licensing.

With respect to thematic project entitled =E2=80=9CIntellectual Property an=
d
the Public Domain=E2=80=9D
in Annex I, we strongly support efforts at identification and
preservation of the public
domain. The problem of orphan works is one of the most vexing issues
for libraries. Most nations do not have an orphan works provision in
their copyright laws. Uncertainty over copyright status of works is a
hindrance that undermines all uses of works. We welcome efforts to
develop tools for verifying the status of copyrighted works, and we
look forward to this proposed activity.

Finally, with respect to thematic project entitled =E2=80=9CIP, Information
and Communication
Technologies (ICTs) and the Digital Divide,=E2=80=9D we fully support a
multi-stakeholder
approach to new models of distributing information and creative
content, to enable
digital inclusion and global and affordable access to information and
knowledge. We
appreciate acknowledgement of the crucial role that civil society can
play in promoting
sustainable public sector information and IP policies, and are ready
to cooperate with
WIPO in making this proposal a reality.

Thank you again, Mr. Chairman, for providing us the opportunity to
present our comments at this meeting.

Contacts:

Janice T. Pilch
Library Copyright Alliance
E-mail: pilch@illinois.edu[1]

Teresa Hackett
Electronic Information for Libraries
E-mail: teresa.hackett@eifl.net[2]

Links:
------
[1]
compose.php?to=3Dpilch%40illinois.edu&thismailbox=3DINBOX.sent-mail&Horde=
=3D1df20c537324922e677483478c0c9edd
[2]
compose.php?to=3Dteresa.hackett%40eifl.net&thismailbox=3DINBOX.sent-mail&Ho=
rde=3D1df20c537324922e677483478c0c9edd


----------------------------------------------------------------
This message was sent using IMP, the Internet Messaging Program.