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EIFL-IP Copyright and libraries
what’s new?
EIFL General AssemblyIstanbul, Turkey
11 November 2014
Teresa Hackett
Programme Manager EIFL-IP
Overview
• Why copyright matters to libraries
• International developments: VIPs
• International developments: libraries
• National developments on copyright law
• Workplan 2015
• Launch of updated EIFL draft copyright law (2014)
Copyright matters to
libraries
• Copyright law controls the ownership and distribution of written and recorded knowledge
• Role of libraries is to provide people with access to information and knowledge
Copyright affects library activities
and services,
such as…
• Acquisition of materials - availability and price of books, right to purchase books from abroad
• Right to lend
• Right to preserve cultural heritage
• Providing accessible format copies to people with disabilities
International developments: VIPs
• What? June 2013: WIPO Member States adopted the Marrakesh
Treaty to create an international legal framework to enable the cross-
border sharing of accessible materials
• How? Created mandatory copyright exceptions for accessible
formats, and for sending & receiving copies across borders
• Why? To solve the ‘book famine’:only between 1%-7% published works
available in accessible formats
The Marrakesh Treaty -
removing copyright barriers for person with print
disabilities
International developments: VIPs
The Marrakesh Treaty - one+ year on
India (June 2014) El Salvador (Oct 2014) UAE (Oct 2014)
Treaty enters into force when 20 countries have ratified
3 ratifications
International developments: VIPs
The Marrakesh Treaty - one+ year on
Phase 1Adopt a Treaty
Phase 3implementation into
national law
Books into the hands of blind people
Binding international legal framework in place
National laws in place
Phase 2Treaty enters
into force
International developments: VIPs
• Supporting projects in Mongolia and
Senegal to lead the ratification campaign
• Following process in Ghana and Uganda with
WBU
• Inaugural meeting of stakeholder group in
Ghana, March 2014
• Coming soon: The Marrakesh Treaty: an EIFL Guide for
Libraries - background, main treaty provisions, role of libraries
and recommendations for implementation
• French and Russian translations
The Marrakesh Treaty: what is EIFL doing?
International developments: libraries
A year of highs and lows at WIPO
Goal
• progress discussion on limitations and exceptions for
libraries and archives at the copyright committee (SCCR)
made a strong case for libraries
cemented support from key, friendly countries
• secure a General Assembly (GA) mandate on a work
programme
SCCR twice failed to reach agreement on its conclusions
no GA agreement on copyright, traditional knowledge,
diplomatic conference on a design law treaty, WIPO external
offices
International developments: libraries
A year of highs and lows at WIPO
Standing Committee on Copyright and
Related Rights (SCCR)
June 2014: Inta Mikluna, EIFL-IP Latvia
April 2014: T. Hackett & B. Szczepanska, EIFL-IP Poland
•11 library and archives organizations from
Africa, Australia, Canada, Europe, Latin America, US
• 2 lunchtime events ‘Tunis Model Law on Copyright’and ‘Information Without Borders’
• 21 interventions
• concrete examples and evidence to illustrate the scale and cross-
border nature of the problem (copies of statements)
International developments: libraries
A year of highs and lows at WIPO
EU (supported by Central European and Baltic States) caused the
meeting to collapse:
• tense stand-off with the African Group, the Group of Latin
American and Caribbean Countries (GRULAC), Brazil, India, Iran
and Uruguay
• protest letter from 65 library, archive and
research organizations asking the EU to engage
constructively in discussions
Next session: SCCR/29 8-12 December 2014 EIFL x 3
(TH, BS, Hasmik Galstyan, EIFL-IP Armenia)
International developments: libraries
A year of highs and lows at WIPO
WIPO General Assembly: Worst ever?
‘deadlocks on a half dozen significant issues, and an ugly
North South divide… Going forward, delegates will have to
assess how to get work done in a multilateral forum, at a
time when corporate lobbyists for publishers, drug
companies and other patent holders want to shift norm
setting to secret bilateral and regional trade agreements,
dominated by the US or the EU’.
Knowledge Ecology International
SCCR/29 Presentation of updated study
• Review of library provisions in
copyright laws that have changed
since 2008
• National resource: state-of-the-art
survey of library provisions
• International resource: overview of
how copyright law is or is not
responding to changing library needs
National copyright developments
EIFL partner countries: copyright reviews in progress or opportunities for review (1/2)
• Estonia: European orphan works (OW) directive enacted on 30 Oct 2014 (Status of OW directive for EU trade agreements?)
• Poland: Draft copyright law published introducing Public Lending Right (PLR) and OW - library suggestions were heard
• EU: March 2014 public consultation on the review of the EU copyright rules- EIFL submitted a 7-point plan for digital library services
• Armenia: draft law expected end of 2014 - public consultation
• Myanmar: intervening in copyright review process
National copyright developments
EIFL partner countries: copyright reviews in progress or opportunities for review (2/2)
• Kyrgyzstan: proposal OER licences; reviewing copyright law for
compliance with library needs + plan intervention
• Serbia: amended 2011 & 2012; reviewing law, CC legal lead
• China: July 2014, public consultation?
• Mongolia: presented proposals to copyright office/EIFL
• Kenya, Palestine, Malawi - EIFL analysis
• Uzbekistan, Senegal – projects
• Any others?
Workplan 2015
• Focus on national work: identify EIFL partner countries with inadequate exceptions
• Pro-actively provide assistance to advocate for user rights directly to policy-makers and with support from local activists
• Support national implementation of the Marrakesh Treaty
• Advocate at WIPO for a library treaty
• Hold up to 6 webinars
Launch of updated
EIFL
draft copyright law
(2014)
• New provisions for libraries to
purchase and lend e-books
• Preservation of websites
• Text and data mining
• Flexible, fair dealing provision
• Refreshed the design
Webinar, 4 December 2014
International developments: VIPs
The Marrakesh Treaty - one+ year on
1. Open for signature for one year
- sign of goodwill
2. Ratification (accession) -
agrees to be bound by the Treaty
3. Treaty enters into force -
become binding on signatories
Process:
International developments: VIPs
Bosnia & Herzegovina, Cambodia,
Cameroon, China, Ethiopia, Ghana,
Kenya, Lithuania, Mali, Mongolia,
Mozambique, Namibia, Nepal,
Nigeria, Moldova, Poland, Senegal,
Slovenia, Sudan, Syria, Uganda,
Zimbabwe.
Poland, 24 June 2014
© WIPO 2013. Photo: Emmanuel Berrod
EIFL partner countries that signed
the Marrakesh Treaty by the
deadline:
The Marrakesh Treaty - one+ year on