Limitations & Exceptions for Libraries, Archives & Museums Denise Nicholson Copyright Services Librarian University of the Witwatersrand, Johannesburg, South Africa African-Arab Regional Seminar "Limitations and Exceptions to Copyright and Related Rights: "Limitations and Exceptions to Copyright and Related Rights: Addressing the Needs of Affected Constituencies Cairo, Egypt – 2 November 2009

Access to information/knowledge – a basic human right - essential for human survival and development. Access to information/knowledge – a basic human right - essential for human survival and development. unrestricted access to knowledge, thought, culture and information. (IFLA/FAIFE) Freedom, prosperity and the development of society depend on education, as well as on unrestricted access to knowledge, thought, culture and information. (IFLA/FAIFE) Knowledge is not a commodity, and can never be one. Knowledge is the distillation of human endeavour, and it is the most profound collective good that there is". (A.Erwin, former Minister of Trade & Industry, South Africa)Knowledge is not a commodity, and can never be one. Knowledge is the distillation of human endeavour, and it is the most profound collective good that there is". (A.Erwin, former Minister of Trade & Industry, South Africa) Education is the most powerful weapon which you can use to change the world. (Nelson Mandela) Education is the most powerful weapon which you can use to change the world. (Nelson Mandela)

International copyright trends Create new rights Strengthen protection and enforcement Shrink the public domain Restrict access to knowledge Erode information-users rights

Promoting balance & access International Copyright Treaties Adelphi Charter - Gowers Report on IP - gowers.htmwww.ipo.gov.uk/policy/policy.../policy-issues- gowers.htm CopySouth Dossier – WSIS Declaration of Principles UK Commission on IPR -

AFRICAAFRICA

Copyright in Africa Copyright vs. collective ownership Copyright vs. collective ownership Few African countries have adopted L & Es Few African countries have adopted L & Es African Copyright and Access to Knowledge (ACA2K) Project – African Copyright and Access to Knowledge (ACA2K) Project – The stricter the copyright law, the more non-compliance. The stricter the copyright law, the more non-compliance. Lack of resources & unaffordability of learning material Lack of resources & unaffordability of learning material Infringing activities are facilitating access – not copyright! Infringing activities are facilitating access – not copyright!

Copyright – a barrier to education Blind student Blind student Deaf student Deaf student Translations Translations

Copyright – a barrier (contd) Medical staff Medical staff Rural teacher Rural teacher Literacy facilitator Literacy facilitator

Copyright – a barrier (contd) Historical Archive Historical Archive Libraries Libraries Berlin Wall Commemoration Berlin Wall Commemoration

Access to knowledge and cultural treasures Access to knowledge and cultural treasures Restricted! Restricted!

Current Copyright system - is it working in Africa? Main beneficiaries - not authors, nor Africans Main beneficiaries - not authors, nor Africans Scholarly authors have to assign copyright Scholarly authors have to assign copyright Educational institutions pay over and over Educational institutions pay over and over Bulk of royalties paid to foreign rights-owners Bulk of royalties paid to foreign rights-owners Africans have to buy back their research at high cost! Africans have to buy back their research at high cost! Research outputs are negatively affected Research outputs are negatively affected

International pressure on African countries Strict copyright rules and regulations Strict copyright rules and regulations Developed countries kicking away the ladder Developed countries kicking away the ladder African countries need time & space to develop African countries need time & space to develop Pressure to sign International IP agreements and Bilateral Trade Agreements, e.g. FTAs, EPAs Pressure to sign International IP agreements and Bilateral Trade Agreements, e.g. FTAs, EPAs Copyright regimes should be tailored to address North- South differences Copyright regimes should be tailored to address North- South differences

WIPO Development Agenda WIPOs obligations re: Millennium Declaration WIPOs obligations re: Millennium Declaration 45 Recommendations adopted for Development Agenda Recommendations adopted for Development Agenda Recommendations 16,19,20, 21 & 22 especially relevant to access to knowledge Recommendations 16,19,20, 21 & 22 especially relevant to access to knowledge Appropriate Limitations and Exceptions vital for access to knowledge & development. Appropriate Limitations and Exceptions vital for access to knowledge & development.

WIPO Studies on Limitations and Exceptions WIPO Studies on Limitations and Exceptions Limitations & Exceptions of Copyright & Related Rights in the Digital Environment Limitations & Exceptions of Copyright & Related Rights in the Digital Environment Automated Rights Management Systems and Copyright Limitations and Exceptions Limitations & Exceptions for the Visually-Impaired - Limitations & Exceptions for the Visually-Impaired Copyright Limitations & Exceptions for Libraries & Archives Copyright Limitations & Exceptions for Libraries & Archives Copyright Limitations & Exceptions for Education – final report due before end of 2009 Copyright Limitations & Exceptions for Education – final report due before end of

WIPO SCCR/19/2009 Draft Agenda - ccr_19_1.pdf Draft Agenda - ccr_19_1.pdf ccr_19_1.pdf ccr_19_1.pdf Analytical Document on Limitations and Exceptions - Analytical Document on Limitations and Exceptions - 9_3.doc 9_3.doc Please support the international library community at SCCR (14-18 December 2009)

Libraries as Key Stakeholders Statement of Principles on Copyright Exceptions and Limitations for Libraries and Archives – EIFL/IFLA/LCA at WIPO SCCR May Statement of Principles on Copyright Exceptions and Limitations for Libraries and Archives – EIFL/IFLA/LCA at WIPO SCCR May principles-sccr20.pdf principles-sccr20.pdf

eIFL Draft Law on Copyright with Model Exceptions & Limitations See: Free Uses: Reproduction for private purposes & research; Reproduction for private purposes & research; Temporary Reproduction; Quotation; Translations; Temporary Reproduction; Quotation; Translations; Educational Activities; Inter-Library Document Supply; Educational Activities; Inter-Library Document Supply; Communication to the public for educational & research purposes; Communication to the public for educational & research purposes; Archives, libraries, museums & galleries; Archives, libraries, museums & galleries; Reproduction, broadcasting & communication to the public for information purposes; Reproduction, broadcasting & communication to the public for information purposes; Caricature, parody & pastiche; Caricature, parody & pastiche; Reproduction & adaptation of computer programs; Reproduction & adaptation of computer programs; Display of works; Display of works; Persons with disabilities; Persons with disabilities; Public/official documents Public/official documents

Recommendations Afford African countries time & space to develop Afford African countries time & space to develop TRIPS-Plus is NOT the answer for Africa! TRIPS-Plus is NOT the answer for Africa! Review, liberalize and harmonize international and national IP laws to facilitate, not restrict access Review, liberalize and harmonize international and national IP laws to facilitate, not restrict access Restore balance between rights-owners & users Restore balance between rights-owners & users Support the Proposed WIPO Treaty for Improved Access for Blind, Visually Impaired and other Reading Disabled Persons Support the Proposed WIPO Treaty for Improved Access for Blind, Visually Impaired and other Reading Disabled Persons Consider alternative publishing options, e.g. Open Access Consider alternative publishing options, e.g. Open Access

Solution A Balanced International Framework that enshrines ALL Users Rights

Thank you

Some Resources on L & Es Guideline Document on Copyright Limitations and Exceptions - ummary.htm Guideline Document on Copyright Limitations and Exceptions - ummary.htm ummary.htm ummary.htm Copyright Limitations & Exceptions – Why they are important for access to knowledge - 9&Itemid=69 Copyright Limitations & Exceptions – Why they are important for access to knowledge - 9&Itemid=69 9&Itemid=69 9&Itemid=69 Exceptions and Limitations in copyright vital in South countries - ipr.info htm Exceptions and Limitations in copyright vital in South countries - ipr.info htm ipr.info htm ipr.info htm L & Es - L & Es - Copyright Limitations and Exceptions for Libraries - Copyright Limitations and Exceptions for Libraries Wits Copyright Portal - +and+Related+Issues.htm Wits Copyright Portal - +and+Related+Issues.htm +and+Related+Issues.htm +and+Related+Issues.htm

Resources for African countries WIPO Development Agenda and related issues WIPO Development Agenda and related issues Article 27(1) of the Universal Declaration of Human Rights Article 27(1) of the Universal Declaration of Human Rights Article 7 of the TRIPS Agreement on Objectives Article 7 of the TRIPS Agreement on Objectives The Doha Declaration on TRIPS and Public Health (2001) The Doha Declaration on TRIPS and Public Health (2001) UK Commission on Intellectual Property Rights Report (2002) UK Commission on Intellectual Property Rights Report (2002) Geneva Declaration of Principles ( Paragraph 42) (2003) Geneva Declaration of Principles ( Paragraph 42) (2003) ICTSD/UNCTAD Policy Discussion Paper on IP and Development (2003) and its Resource Book on TRIPS and Development (2005) ICTSD/UNCTAD Policy Discussion Paper on IP and Development (2003) and its Resource Book on TRIPS and Development (2005) World Summit on the Information Society (2003 and 2005) World Summit on the Information Society (2003 and 2005) Chiles proposal on Exceptions and Limitations to WIPOs Standing Committee on Copyright (2004) Chiles proposal on Exceptions and Limitations to WIPOs Standing Committee on Copyright (2004) Commonwealth of Learning – Guidelines on copyright L & Es (2005) Commonwealth of Learning – Guidelines on copyright L & Es (2005) IFLA & eIFL position papers and their statements made at WIPO IFLA & eIFL position papers and their statements made at WIPO Access to Knowledge (A2K) Movement (Yale University) Access to Knowledge (A2K) Movement (Yale University) Gowers Review of Intellectual Property (UK) (2006) Gowers Review of Intellectual Property (UK) (2006) International Right to Read Campaign (WBU) International Right to Read Campaign (WBU) Proposed WBU Treaty for the Blind at WIPO Proposed WBU Treaty for the Blind at WIPO

Useful Copyright Handbooks eIFL Handbook on Copyright & Related Issues: eIFL Handbook on Copyright & Related Issues: Introducing Copyright – a plain language guide to copyright (Commonwealth of Learning): ages/Copyright.aspx Introducing Copyright – a plain language guide to copyright (Commonwealth of Learning): ages/Copyright.aspx ages/Copyright.aspx ages/Copyright.aspx

ACA2K Project Research Findings & Resources Research Findings & Resources See: See:

Tips for Developing Countries See: (click on Blog)

International A2K initiatives IFLA – (1700 member organizations/150 countries) – IFLA – (1700 member organizations/150 countries) – eIFL.net - (member organizations in 50 developing/in- transition countries) - eIFL.net - (member organizations in 50 developing/in- transition countries) - EBLIDA (150 European library/archive associations, etc.)- EBLIDA (150 European library/archive associations, etc.)- Commonwealth of Learning – (53 Commonwealth countries)- Commonwealth of Learning – (53 Commonwealth countries)- Consumers International – Consumers International –

International A2K initiatives (contd) Transatlantic Consumers Dialogue (TACD) – Transatlantic Consumers Dialogue (TACD) – Knowledge Ecology International - Knowledge Ecology International Consumer Project on Technology (CPTech) - Consumer Project on Technology (CPTech) A2K Global Social Movement (Yale University, USA)- A2K Global Social Movement (Yale University, USA)- Copy South (Kent Law School, UK – Copy South (Kent Law School, UK –

Regional A2K initiatives African Copyright & Access to Knowledge (ACA2K) Project - African Copyright & Access to Knowledge (ACA2K) Project Access to Learning Materials for Southern Africa Project – (2005) (website now closed) Access to Learning Materials for Southern Africa Project – (2005) (website now closed) African Access to Knowledge Alliance – Ugandan Chapter, Continental Organization, 2007 (currently in partnership with ACA2K) le.pdf African Access to Knowledge Alliance – Ugandan Chapter, Continental Organization, 2007 (currently in partnership with ACA2K) le.pdf le.pdf le.pdf Open Society Initiative for Southern Africa (OSISA) – Open Society Initiative for Southern Africa (OSISA) – African Digital Commons - African Digital Commons - Southern African Regional Universities Association (SARUA) – Southern African Regional Universities Association (SARUA) – Publishing and Alternative Licensing Model of Africa (PALM) - Publishing and Alternative Licensing Model of Africa (PALM) SADC-Centre for Distance Education - SADC-Centre for Distance Education -

South African A2K initiatives Creative Commons/iCommons (South Africa) - icommons.org Creative Commons/iCommons (South Africa) - icommons.org Wits Link Centre - Wits Link Centre - Library Association of SA (LIASA)/FAIFE – Library Association of SA (LIASA)/FAIFE – Shuttleworth Foundation – Shuttleworth Foundation – African Virtual Open Initiatives and Resources (AVOIR) - African Virtual Open Initiatives and Resources (AVOIR) Sivulile Open Access Project - Sivulile Open Access Project - CSIR research Space - CSIR research Space Human Sciences Research Council (South Africa) - Human Sciences Research Council (South Africa) OA institutional repositories in tertiary institutions OA institutional repositories in tertiary institutions

SA National A2K initiatives SA Government – adopted Open Source policy - SA Government – adopted Open Source policy The National Research Foundation (NRF) – advocacy role re: OA National Electronic Theses & Dissertations Repository - The National Research Foundation (NRF) – advocacy role re: OA National Electronic Theses & Dissertations Repository - Academy of Science of South Africa - SCIELO-South Africa OA publishing project - Academy of Science of South Africa - SCIELO-South Africa OA publishing project -