Copyright Issues in Managing Libraries and Archives Jørgen Blomqvist Director WIPO Copyright Law Division

Role of Libraries and archives collection preservation archiving, and dissemination of information and knowledge

Categories of Libraries publicly or privately funded commercial or non-profit accessible to the general public or only to a restricted group in strict sense or including archives, virtual libraries, museums or other information providers

Copyright Issues Reproduction of lost, stolen or out-of-print material Lending physical copies Transmission of electronic material to remote patrons Allowing patrons to make their own reproductions Document delivery or interlibrary loan service

International treaties Absence of a specific provision on exception for libraries and archives Article 9 (2) of the Berne Convention as basis for limitations in national legislation, such as –reproductions for private use –research and scientific purposes –preservation purposes in libraries and archives

National Laws (I) Japan: Article 31 of Copyright Law –non-profit making reproduction –research purposes of patron –single copy of a part of a work already made public –preservation –inter-library copies –nothing about remote transmission

National Laws (II) Australia: Amendment 2006 Article 49 and others –non commercial copies –3-step test –works non-commercially available: reasonable time at an ordinary commercial price –any library accessible to members of the public –reasonable portion is 10% of the work

National Laws (III) USA: Section 108 of Copyright Law –preservation, replacement and security –small portion of a work –non-commercial advantage –profit-making libraries are excluded –interlibrary loan service is restricted to the isolated and unrelated reproduction or distribution of a single copy –fair use

National Laws (IV) Europe: 2001 Copyright Directive Article 5 (2) –not for economic or commercial advantage –Germany, Belgium, France: non explicit –Austria, Denmark, Finland, Greece, Ireland, Luxembourg, Portugal, Sweden, United Kingdom: set out specific exceptions –vary widely and remain unharmonized

Controversial issues (I) overridibility of exceptions by contract orphan works duration of copyright and public domain public lending right non-original databases protection

Controversial issues (II) TPM and DRMs technologies “click-on” or “shrink wrap” licenses digital delivery services digital loan to remote-location users interlibrary loans

WIPO’s work Studies and meetings –Studies on limitations and exceptions in the digital environment –Information meetings on digital content for the visually impaired and educational uses –DRM study on distance education and visually impaired –Study on limitations and exceptions for libraries Technical legal assistance to developing countries –needs of countries / implementation of treaties –model law on copyright and related rights SCCR new issue. Relationships with IFLA, EBLIDA, etc.

Thank you