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 Copyright should not be superseded by trade agreements or contracts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