IFLA’S STAND ON IP & COPYRIGHT, OPEN ACCESS AND INFORMATION SOCIETY by Helena Asamoah – Hassan Chair, Africa Section of IFLA at The Conference of ZULC held in Harare 24 – 26 April 2006

The International Federation of Library Associations and Institutions-IFLA It is the leading international library body It represents the interests of library and information services including personnel and users In effect, it is the global voice of the library and information profession

IFLA History Founded in 1927 in Edinburgh, Scotland. Registered in 1971 in the Netherlands The National Library of the Netherlands provides space and facilities for IFLA HQ. Now has 1700 members from 150 countries world wide.

Current Scope of Operations Operations are approved by Governing Board Now revolves around 3 pillars Sees IFLA’s core functions as related to the society

The Three Pillars Society Pillar- It is the role and impact of library and information services in society Profession Pillar- The established core activities of our professional practice. Members Pillar- Services to members to make IFLA more attractive and beneficial to members worldwide.

Some Ongoing IFLA Activities Intellectual property, copyright and other legal issues of information Censorship and other barriers to information access Open Access to scholarly information Information Society and Information Literacy issues

IFLA on Intellectual Property and Copyright Committee on Copyright and other Legal Matters(CLM) IFLA joined other NGO’s and individuals to sign the Geneva Declaration on WIPO in September 2004 IFLA’s main reason for signing is because it believes “that people, communities and organizations need universal and equitable access to information, ideas and works of imagination for their social, educational, cultural, democratic and economic well- being.”

IFLA on Intellectual Property and Copyright … cont’d (i) This is informed by the new focus on adequate protection of traditional knowledge, needs of the print disabled,etc. This invariably points out to WIPO that it has not adequately protected and promoted balance between users and owners- very important to effective intellectual property activities-so needs to improve.

IFLA on Intellectual Property and Copyright … cont’d (ii) IFLA by this also tells WIPO that it has to look at the implications of intellectual property rights for education, libraries and other providers of information, bearing in mind that freedom, prosperity and the development of society and individuals are fundamental human values.

Five Issues IFLA wishes WIPO to address 1. The imbalance in intellectual property Laws Need to maintain a balance between the rights of authors and the larger public interest especially education, research and access to information, reflected in Berne Convention. Currently, imbalance is at the expense of information consumers. e.g. Increasing length of copyright terms and public domain materials.

Five Issues cont’d 2. Monopoly on Information - Information is being monopolized by right owners through restrictive intellectual property rules for both print and digital formats. - This brings about a serious imbalance in the provision and access to information which is affecting education, research and development especially in developing countries.

3.Technological Protection Measures -More restrictive intellectual property laws, technological protection mechanisms and digital locking –up devices and the overriding permission for “fair use” in contractual enforcement have created great barriers to accessing information and the promotion of research and innovation.This also affects the professional work of libraries. Five Issues cont’d

4. Widening of the Digital Divide -Gap between “digitally advanced”and “digitally deprived” keeps widening as a result of intellectual property laws and technological transfer. -Developing countries now have to adhere to very strict international agreements which developed countries never had to when they were developing.

… cont’d Most technological activity at the developing country level now is learning to use, maintain, sustain & advance imported technologies which are highly costly, than being encouraged to innovate and develop their own independence. Current international copyright rules tend to foster continued dependence of developing countries on developed ones rather than assist to bridge the gap.

Five Issues cont’d 5. Free Trade Agreements -IFLA is worried that some developed countries are now imposing stricter copyright laws on other countries which are more than the minimum required in the Berne Convention and TRIPS/Agreement. -In effect, many developing countries who are not able to adhere to the current intellectual property agreement, now have to also adopt even more strict copyright regimes, in exchange for favourable trade provisions. This will not make them successful

…cont’d Need for WIPO and WTO to work together to adopt a totally new method to intellectual property issues considering the different needs of developed and developing countries

Conclusion on IP & Copyright Need to review intellectual Property Laws at all levels to consider countries at different stages of development and also to enable access to knowledge, encourage innovation, accelerate development and restore the balance between the just demands of rights – owners and consumers.

IFLA on Open Access IFLA is committed to ensuring the wider possible access to information for all,based on the principles expressed in the Glasgow Declaration on Libraries, Information services and Intellectual Freedom. IFLA therefore advocates for the adoption of the following 7 Open Access principles to ensure widest availability of scholarly literature.

IFLA on Open Access 7 open Access principles 1. Acknowledgement and defence of the normal rights of authors, especially the rights of attribution and integrity. 2. Adoption of effective peer review processes to ensure quality scholarly literature. 3. Resolute opposition to all forms of censorship from all sources of publications which are outcomes of research and scholarship.

IFLA on Open Access 7 open Access principles …cont’d 4. Succession to the public domain of all scholarly literature and research documentation at the expiration of the limited period of copyright protection--- period should be limited by reasonable time--- exercise of fair use provisions 5. Implementation of measures to overcome information inequality by allowing publication of quality scholarly literature and research information from the disadvantaged and ensuring affordable access to information from the South by people from developing nations.

IFLA on Open Access 7 open Access principles …cont’d 6. Support for collaborative initiatives to develop sustainable open access publishing models. 7. Implementation of legal, contractual and technical mechanisms to ensure the preservation and perpetual availability, usability and authenticity of all scholarly literature and research documentation

IFLA on the Information Society A resolution was passed on the WSIS at the IFLA Council Meeting in Berlin on 8 th August 2003 urging library associations, institutions and government that ‘libraries are a global public good and should be recognized as the heart of the information society’. IFLA organized a pre-conference titled ‘Libraries at the Heart of the Information Society’ in Geneva 3-4 November 2005 preceding the 1 st phase of the World Summit on the Information Society in December 2003 in Geneva

IFLA on the Information Society … cont’d Interests of libraries were included in the WSIS Geneva outcome, albeit,not very visible. IFLA again organized a pre-conference titled ‘Libraries: the Information Society in Action’ in Alexandria, Egypt in November 2005.

IFLA on the information Society … cont’d Outcome of Pre-Conference was the “Alexandria Manifesto on Libraries the Information Society in Action” which informed the IFLA President, Alex Byrne's address at the 2 nd phase of the WSIS in Tunis that same month.

IFLA on Information Literacy IFLA was involved in the 1 st Meeting on experts in Information Literacy in Prague, Czech Republic in 2003 the outcome of which was the call for “Information Literacy for ALL” IFLA partnered with UNESCO, National Forum on Information Literacy (NFIL) to organize the High level Colloquium on Information Literacy and Life Long Learning in Alexandria, Egypt, 6-9 November 2005

IFLA on Information Literacy … cont’d Outcome was the ‘Alexandria Proclamation on Information Literacy and Lifelong Learning, and Colloquium Report which make strong case that information literacy is a basic right to life long learning and that it is ‘context specific’ to particular cultures and societies and is crucial for development in all areas of life.

IFLA on Information Literacy … cont’d Next steps is for Regions of the world to organise regional meetings like the Alexandria Colloquium latest 1 st quarter of 2007 and come out with reports to be discussed at the World Colloquium, late 2007.

CONCLUSION IFLA is involved in several initiatives to promote the profession and its personnel. Need to visit the IFLA site regularly to be informed of its various activities and services.

REFERENCES The IFLA position on the Geneva Declaration on the future of WIPO GenevaDeclaration2004.htmlhttp:// GenevaDeclaration2004.html IFLA Statement on open Access to scholarly Literature and Research Documentation Libraries at the heart of the Information Society Libraries at the heart of the Information Society: tell us your success stories

REFERENCES cont’d World Summit on the Information Society (WSIS) preparation for the December 2003 Summit. IFLA Council Resolution on World Summit on the Information Society (WSIS) Alexandria Manifesto on Libraries, the information Society in Action html html

REFERENCES cont’d Libraries the Information Society in Action - Address to Plenary WSIS Address.html. Address.html Alexandria Proclamation on Information Literacy and Life long Learning. Information Literacy for All

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