[A2k] SCCR/19 Statement of Library Copyright Alliance

[Janice Pilch]

Here is the statement of Library Copyright Alliance on the treaty proposal =
for persons with print disabilities and on copyright limitations and except=
ions, delivered on December 16, 2009:=0D
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STATEMENT OF LIBRARY COPYRIGHT ALLIANCE=0D
WIPO STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS=0D
NINETEENTH SESSION=0D
GENEVA, 14-18 DECEMBER, 2009=0D
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Thank you, Mr. Chairman, for the opportunity to speak on behalf of the Libr=
ary Copyright Alliance, representing over 139,000 research and public libra=
ries in the United States. We congratulate you on serving as chair of this =
committee. We also wish to congratulate Ambassador Trevor Clarke on his new=
 appointment, and we thank the Secretariat for their efforts in preparation=
 for this meeting.=0D
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First, we believe that a WIPO treaty for the blind and visually impaired is=
 needed to resolve the global accessibility issues that have been under dis=
cussion since the early 1980s. A 1985 joint WIPO-UNESCO report recommended =
a solution in the form of a new treaty. Up to now a treaty has not material=
ized, nor have effective market solutions.=0D
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The current situation represents both a market failure and an international=
 policy failure. To think that the market on its own will suddenly change d=
irection is unrealistic. International norms, however, can change. It is ti=
me for laws to enable the world=E2=80=99s blind and visually impaired perso=
ns to access information on an equal basis with others. We urge WIPO to do =
the right thing and to avoid a third failure--a moral failure. We respectfu=
lly urge WIPO Member States to support the treaty proposal and to reach a c=
onsensus towards its adoption.=0D
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We would like to thank the delegation of the United States for its very tho=
ughtful and positive statement yesterday supporting efforts for persons wit=
h print disabilities, and for expressing a sincere commitment to achieving =
an international consensus on cross-border distribution and on specific lim=
itations and exceptions for print disabled persons.=0D
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Second, more broadly, we urge Member States to strengthen limitations and e=
xceptions for access to information, including digital information, in all =
parts of the world.  We are pleased with the excellent new reports on educa=
tional activities that, we believe, illuminate the need for minimum mandato=
ry exceptions to create more consistency across national laws.=0D
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It is important to consider the role that exceptions for libraries and educ=
ation have played historically, and the role they still need to play. Excep=
tions for libraries and education, and for the blind, existed in national l=
aws as common practice long before many current protections, including the =
reproduction right, became international norms, and long before the 3-step =
test came into being. Indeed both the reproduction right and the 3-step tes=
t were formulated around such pre-existing exceptions in national laws, wit=
h an express purpose to accommodate and encompass them.=0D
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Mandatory limitations and exceptions fulfill a most critical role. It has b=
een noted that the mandatory exception for quotation (Berne Article 10(1)) =
makes scholarship and education possible. Also, the news industry runs on t=
he basis of both that exception and a mandatory limitation for current news=
 (Berne Article 2(8)). It is impossible to overstate, but easy to take for =
granted, the importance of mandatory limitations and exceptions based on pu=
blic policy imperatives. All of us who study, or read or listen to news, or=
 who have received an education, benefit from them.=0D
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We believe that the work being done presently will provide the necessary fr=
amework for reinforcing exceptions on library and educational activity and =
that this should become a specific agenda item for the committee. We ask Me=
mber States to transform the current work into a system of minimum limitati=
ons and exceptions to provide the balance necessary for a durable and susta=
inable global information society.=0D
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Thank you, Mr. Chairman.=0D
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Contact:=0D
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Janice T. Pilch=0D
Library Copyright Alliance=0D
E-mail: pilch@illinois.edu=0D
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Janice T. Pilch=0D
Associate Professor of Library Administration and Humanities Librarian,=0D
University of Illinois at Urbana-Champaign=0D
Visiting Program Officer on International Copyright,=0D
Association of Research Libraries=0D
University Library 425B=0D
1408 W. Gregory Drive,=0D
Urbana, IL 61801=0D
Tel (217) 244-9399=0D
Fax (217) 333-2214=0D