[A2k] FW: IFLA-eIFL Statement on Exception and Limitations

[Barbara Stratton]

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From: Winston Tabb <wtabb@jhu.edu>
Date: Wed, 27 May 2009 10:13:46 -0400
Subject: IFLA-eIFL Statement on Exception and Limitations

SCCR principles statement at WIPO May 27, 2009
Thank you, Mr. Chairman.

Congratulations to you and your co-chairs for your elections.  I am speaking
on behalf of the International Federation of Library Associations and also
of Electronic Information for Libraries. We represent libraries and library
associations around the world.

Libraries have played an essential role throughout history as repositories
of works that comprise the cumulated knowledge, cultural heritage and
collective memory of nations and peoples.

In many countries, copyright law, through exceptions and limitations, has
long supported the essential functions of libraries through statutes that
permit basic functions, such as preservation. But these laws have not
adequately kept pace for uses of digital information in the global
information environment, which has brought an urgent international dimension
to the exceptions and limitations needed by libraries.

The international library community believes that there is an immediate need
for Member States to include provisions in their national laws to address
the realities of access to digital information. We have developed a set of
12 Principles for Copyright Exceptions and Limitations for Libraries and
Archives that address many of the issues, including provisions for persons
with disabilities, within the context of the work of this Committee. The
document is available on the table outside.

I will speak briefly to just four of the principles to be considered in the
formulation of copyright limitations and exceptions for libraries [ in
national copyright laws] , to enable libraries to fulfill their public
mandate to support the advancement of knowledge and the public interest in
the global digital environment.

1. Preservation
A library should be permitted to make copies of published and unpublished
works in its collections for purposes of preservation, including migrating
content to different formats. The preservation exception should apply
equally to all categories of copyrighted works, and to materials in all
media and formats. Libraries should be allowed proactively to preserve
materials at risk of deterioration, obsolescence, damage, or loss.

2. General free use exceptions applicable to libraries,  including
reproduction for research or private purposes
Copying individual items should be permitted for research and study and for
other private purposes. It would hamper the free flow of information in
society if permission had to be obtained for each and every use.  General
exceptions such as fair use and fair dealing should extend to library
activities as a complement to specific library exceptions.

3. Copyright term
Consistent with the Berne Convention, the term of copyright should be the
life of the author plus 50 years, and once a work enters the public domain
it should remain there, available for all to use. Term extensions keeps
information under private ownership longer than defensible at the expense of
the individuals whom libraries and educators serve.

4. Barriers to lawful uses
It should be permissible for libraries and their users to circumvent a
technological protection measure for non-infringing uses of a work.
Implementation of anti-circumvention legislation often effectively
eliminates existing exceptions in copyright law. A further barrier is caused
by licenses that prohibit lawful use. The law of contract should not
override the public law of copyright, but too many digital products are
accompanied by licenses that prohibit lawful uses by libraries.
We urge WIPO to continue work on the areas identified in the proposal by
Chile (SCCR/13/5).

We ask that WIPO consider concrete proposals for instruments that will guide
IP administrations, explicitly aimed at expanding the array of available
copyright exceptions and limitations globally, and in particular for
developing countries.

We ask WIPO Member States to take action to address the gaps in copyright
provisions for libraries and archives in their national laws. In doing so,
Member States will promote the intellectual and creative life of their
nations into the future.

Thank you, Mr. Chairman.

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