[A2k] WIPO CDIP/5 Statement of Library Copyright Alliance

[Janice Pilch]

Below is the statement made by Library Copyright Alliance at the WIPO CDIP/=
5 meeting being held in Geneva this week.=0D
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Best regards,=0D
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Janice Pilch=0D
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STATEMENT FROM=0D
LIBRARY COPYRIGHT ALLIANCE (LCA)=0D
AND=0D
ELECTRONIC INFORMATION FOR LIBRARIES (eIFL.net)=0D
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WIPO COMMITTEE ON DEVELOPMENT AND INTELLECTUAL PROPERTY=0D
FIFTH SESSION, GENEVA, 26-30 APRIL 2010=0D
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Thank you, Mr. Chairman, for the opportunity to speak on behalf of the Libr=
ary Copyright Alliance, representing public, academic, and research librari=
es in the U.S. This statement is supported by Electronic Information for Li=
braries. We congratulate you on your election as chair of this committee.=
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The Development Agenda offers an unprecedented opportunity to benefit libra=
ries in developing and least developed nations. As the committee continues =
its implementation, we offer a concrete proposal for a project that, if mai=
nstreamed with current activity in the SCCR, would solve a specific, real p=
roblem of the type that the Development Agenda was designed to target.=0D
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The current system of copyright provisions governing library activity is in=
sufficient for a durable and sustainable global information society. Flexib=
ilities have not expanded with enhanced rights and obligations. They do not=
 sufficiently address digital activity, or cross-border distribution of wor=
ks. Private licensing often prevents certain uses of works, and technologic=
al protection measures prevent uses that copyright law has long intended to=
 support. The impact of this =E2=80=9Cfreeze=E2=80=9D in LDCs and developin=
g nations is tangible.=0D
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We offer a suggestion within the framework of the Project on Intellectual P=
roperty, Information and Communication Technologies (ICTS), the Digital Div=
ide and Access to Knowledge [CDIP/5/REF CDIP/4/5 Rev.], referenced in the D=
irector General=E2=80=99s Report on Implementation of the Development Agend=
a [CDIP/5/2].  Drawing from the new studies on libraries, archives and educ=
ation within the SCCR, the project would explore the potential of minimum m=
andatory provisions essential to education, research, and e-information ser=
vices to enhance access to knowledge in LDCs and developing nations.=0D
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=E2=80=A2=09It would cover cross-border uses of print and digital works to =
support the primary mission of libraries. Such uses are currently problemat=
ic.=0D
=E2=80=A2=09It would cover library lending and document supply, as essentia=
l services for furthering social and economic development. Many national la=
ws lack such provisions.=0D
=E2=80=A2=09It would cover library preservation. In many countries, librari=
es lack legal certainty with respect to digital preservation, especially in=
volving audiovisual materials, sound recordings, e-books and websites.=0D
=E2=80=A2=09Of key importance for LDCs and developing nations are library p=
rovisions for education, research, and private study, including provisions =
that would make online global education more feasible than it is at present=
. Open access in scholarly communication is a major focus related to educat=
ion and research.=0D
=E2=80=A2=09Further exceptions include accessibility for persons with disab=
ilities.=0D
=E2=80=A2=09The project should uncover solutions to the use of orphan works=
 that otherwise stand to be forgotten or foregone in the digital age.=0D
=E2=80=A2=09It should explore policies reaffirming that copyright limitatio=
ns and exceptions are important statements of national and international pr=
inciple and that they should not be varied by contract.=0D
=E2=80=A2=09Finally, because implementation of anti-circumvention legislati=
on in many nations exceeds the requirements of Article 11 of the WCT, furth=
er study of unnecessary restrictions should be encouraged.=0D
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We need concrete outcomes from the Development Agenda. We ask Member States=
 to consider, in relation to the above-mentioned project, discussion of a f=
unctional system of minimum mandatory limitations and exceptions that remov=
es barriers to equitable access to information. This would enhance the comp=
onent on Copyright and Access to Information and Creative Content.=0D
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We note that the copyright study proposed for this project is designed to b=
e conducted by multiple parties, including civil society organizations. To =
facilitate the multi-stakeholder approach, representatives from the interna=
tional library community are prepared to be involved in addressing the issu=
es.=0D
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Thank you again, Mr. Chairman, for the opportunity to present our comments =
at this meeting.=0D
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Contacts:=0D
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Janice T. Pilch=0D
Library Copyright Alliance=0D
E-mail: pilch [at] illinois.edu=0D
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Teresa Hackett=0D
eIFL.net=0D
E-mail: teresa.hackett [at] eifl.net=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