eIFL-IP Advocacy for Access to Knowledge
Electronic Information for Libraries
• Negotiate affordable access to electronic scholarly resources in 50 developing and transition countries
• Training and advice in consortia management
• Agents for change - open access publishing, Free Software for libraries, copyright
eIFL-IP Advocacy for Access to Knowledge
The principal problem
Rightholder rights: international and guaranteed
Exceptions & limitations: national and optional
This creates an imbalance from the start
eIFL-IP Advocacy for Access to Knowledge
Preamble
WIPO Copyright Treaty (1996)
• “maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information”
• confirms that existing exceptions and limitations may be extended to the digital environment
eIFL-IP Advocacy for Access to Knowledge
I wonder…
• How did copyright treaties change from protecting authors to protecting rightholders (Berne to TRIPS)?
• Why was a link established between copyright and trade (TRIPS, US Special 301 Procedure, FTAs)?
• Why is the IP chapter in US FTAs one of the longest chapters (US-Australia & US-Jordan FTA)?
eIFL-IP Advocacy for Access to Knowledge
I wonder…
• Why are libraries only buying access to electronic content?
• Why has the WCT article on TPMs (Article 11) been implemented in such a draconian way (US, EU)?
• Why is the US Copyright Term Extension Act 1998 known as the Mickey Mouse act?
eIFL-IP Advocacy for Access to Knowledge
Libraries activating for Access to Knowledge
British Library warned that TPMs might “fundamentally threaten the longstanding and accepted concepts of fair dealing and library privilege and undermine, or even prevent, legitimate public good access”.(UK All Parliamentary Internet Group hearing, Feb 2006)
eIFL-IP Advocacy for Access to Knowledge
A Treaty on Access to Knowledge
would…
• counterbalance international treaties, supranational EU Directives and bilateral trade agreements • establish an international framework • enshrine a minimum set of user rights • set out the norms by which copyright is managed in the digital age
eIFL-IP Advocacy for Access to Knowledge
Treaty on Access to Knowledge
• Harmonise minimum exceptions: legal certainly for library activities e.g. cross-border exchange of material and cooperation in digitisation projects• ability to circumvent a TPM to make a non-infringing use of a work: long-term preservation of digital materials• promote alternative models e.g. open access, Creative Commons and Free Software• provide for new issues e.g. orphaned works.
eIFL-IP Advocacy for Access to Knowledge
Access to Knowledge
• Proposal for a Treaty: text in Treaty language Libraries substantial comments to Part 3 L&E• A2K campaign
Is it lasting change?Is it meaningful?
Will it “blow over”?
eIFL-IP Advocacy for Access to Knowledge
What next?• New draft text
• Support from other stakeholders e.g. creators
• Governments to take up the proposal in international policy making bodies
• Strategic discussions with civil society
eIFL-IP Advocacy for Access to Knowledge
Professor Michael Geist, University of Ottawa
”I spent the Friday and Saturday at Yale Law School's Access to Knowledge conference. It is still early days in this movement, but witnessing the growth of the network and commitment to this issue is incredibly exciting.” April 2006