IFLAs global voice Restoring the Balance: Users Rights Minimum Copyright Limitations and Exceptions for Libraries and Archives

IFLAs global voice IFLA Core Values We believe that people, communities and organizations need for their physical, mental, democratic and economic well- being, free access to information, ideas and works of imagination

IFLAs global voice IFLA Professional Priority Balancing the Intellectual Property Rights of Authors with the Needs of Users IFLA assumes a dual responsibility, both to the producers of intellectual property and to libraries as representatives of information users, because safeguarding and providing access to products of the mind are fundamental to the growth of knowledge. IFLA works to protect the rights of authors and the role of libraries by playing an active role with organizations such as WIPO and UNESCO in the drafting of appropriate treaties and legislative models which recognize the dichotomy between the rights of authors and the needs of users.

IFLAs global voice IFLA also works to assure that intellectual property rights support the universal availability of information by such activities as encouraging national legislation for legal deposit and assuring the right of libraries to make copies of published documents in a manner consistent with principles of fair use. Safeguarding these rights must involve both the owners of intellectual property and its users. It necessitates working in collaboration with authors, publishers and librarians

IFLAs global voice Library-Related Principles for Achieving Balance (2004) 1. A robust and growing public domain promotes creativity, research, and scholarship - government works, government-funded research, facts, copyright term 2. Effective library programs advance knowledge – preservation, lending, copies for teaching, access for disabled 3.Creativity and technological progress result from individual research – circumvention of technological protection measures, copying for personal research 4. Copyright should not be superseded by trade agreements or contracts

IFLAs global voice Access to Knowledge (A2K) Treaty Librarians urge Weigh costs and benefits of intellectual property rights Think of i.p. as a means (for innovation, creativity, technical development) not an end Forego one-size-fits-all approach Develop flexibilities and limitations

IFLAs global voice The WIPO Study 2008 WIPO: 184 Member Countries Located: Statutes from 149 Countries No Library Exception: 21 Countries Solely General Exception for Libraries: 27 Countries

IFLAs global voice Subject of Library Exceptions Copying for Research or Study 74 Countries Copying for Preservation 72 Countries Copying for Replacement 67 Countries Document Supply: 17 Countries ILL: 6 Countries Anticircumvention: 26 Countries

9 No Library Exception Argentina Brazil Burkina Faso Burundi Cameroon Chile Costa Rica Cote dIvoire Democratic Rep. of Congo Guinea Haiti Iraq Kuwait Libyan Arab Jam. Namibia San Marino Senegal Seychelles Swaziland Togo Yemen IFLAs global voice

Study on Limitations and Exceptions for Libraries and Archives Dr. Kenny Crews WIPO /sccr_17_2.doc

IFLAs global voice Minimum Limitations and Exceptions 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 Interlibrary loan and document supply – Libraries should be able to supply documents to the user directly or through the intermediary library irrespective of the format and means of communication General free use exceptions applicable to libraries – A general free use exception consistent with fair practice helps ensure the effective delivery of library services

IFLAs global voice Minimum Limitations and Exceptions Provision for persons with disabilities – Libraries should be permitted to covert from any format to any other, and transfer across borders Education and classroom teaching - Libraries should be able to make lawfully acquired works available for classroom teaching, including distance learning in ways that do not unreasonably prejudice the rightsholder Reproduction for research or private purposes – Copying individual items for or by individual users should be permitted for research, study and other private purposes

IFLAs global voice Minimum Limitations and Exceptions Technological protection measures that prevent lawful uses – Libraries should be able to circumvent such measures to make a non-infringing use of a work Legal Deposit - Legal deposit laws/systems should include works published in all formats and allow for preservation of those works Orphan works – Libraries need an exception to make copies of protected works whose owner cannot reasonably be found

IFLAs global voice Minimum Limitations and Exceptions Copyright term - Should be the life of the author + 50 years, consistent with the Berne Convention Contracts, statutory exceptions, and trade agreements – Should not be permitted to override limitations and exceptions Limitation on liability – Library staff who act in good faith, having reasonable grounds to believe they have acted in accordance with copyright law, should not be liable

IFLAs global voice Action! Educate Your Librarians Develop expertise and advocacy capacity in national associations and national libraries Know who your key copyright people are and who represents your country in international fora; brief them before key meetings