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IFLA’s global voice
Restoring the Balance: Users’ Rights
Minimum Copyright Limitations and Exceptions for Libraries and Archives
IFLA’s 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
IFLA’s global voice
IFLA Professional PriorityBalancing 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.
IFLA’s 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
IFLA’s 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 Copyright should not be superseded by trade agreements or contracts
IFLA’s global voice
Access to Knowledge (A2K) TreatyLibrarians 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 approachDevelop flexibilities and limitations
http://www.ifla.org/III/clm/p1/A2K-5.htm
IFLA’s global voice
The WIPO Study 2008
WIPO: 184 Member CountriesLocated: Statutes from 149 Countries
No Library Exception: 21 CountriesSolely General Exception for Libraries: 27
Countries
IFLA’s global voice
Subject of Library ExceptionsCopying for Research or Study
74 Countries
Copying for Preservation72 Countries
Copying for Replacement67 Countries
Document Supply: 17 CountriesILL: 6 Countries
Anticircumvention: 26 Countries
9
No Library Exception
ArgentinaBrazilBurkina FasoBurundiCameroonChileCosta RicaCote d’IvoireDemocratic Rep. of CongoGuineaHaitiIraqKuwaitLibyan Arab Jam.NamibiaSan MarinoSenegalSeychellesSwazilandTogoYemen
IFLA’s global voice
IFLA’s global voice
Study on Limitations and Exceptions for Libraries and Archives
Dr. Kenny CrewsWIPO 2008
http://www.wipo.int/edocs/mdocs/sccr/en/sccr_17/sccr_17_2.doc
IFLA’s 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
IFLA’s global voice
Minimum Limitations and ExceptionsProvision 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
IFLA’s global voice
Minimum Limitations and ExceptionsTechnological 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
IFLA’s global voice
Minimum Limitations and ExceptionsCopyright 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
IFLA’s 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