[A2k] IFLA-eIFL SCCR statement on E&L

[Teresa Hackett (eIFL)]

*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unpublished works in its collections for purposes of preservation,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.

Contacts:

Winston Tabb, IFLA, wtabb@juh.edu <mailto:wtabb@juh.edu>
Teresa Hackett, eIFL, Teresa.Hackett@eifl.net
<mailto:Teresa.Hackett@eifl.net>