Stuart Hamilton (IFLA) - Flexibility for better access: copyright Exceptions for Libraries and Archives
- 1. Flexibility for Better Access: Copyright Exceptions for Libraries and Archives Stuart Hamilton Director, Policy and Advocacy
- 2. Structure • Take a look at the global context and power balance of copyright in relation to access to information • Give IFLA’s perspective on the problems that copyright is causing for access to cultural heritage online • Describe what IFLA is doing to address these issues
- 4. International Treaties Governing Copyright • Berne Convention (1881, recent revision 1971) • Universal Copyright Convention (1952) • The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS – 1994) • Rome Convention (1961) • WIPO Performances and Phonograms Treaty (WPPT – 1996) • WIPO Copyright Treaty (WCT - 2002)
- 5. Lack of Balance? • Copyright Term Extension Act (CTEA) – aka Mickey Mouse Protection act (1988) • 15 new anti-piracy laws in the US since 1982 • EU copyright term extension in sound recordings (2011) • SOPA/PIPA/DEA/HADOPI/ACTA/TPPA/ SINDE (2012)
- 11. The WIPO Library Study 2008 • WIPO: 184 Member Countries • Located: Statutes from 149 Countries • 21 countries do not have library and archive exceptions at all; • 27 countries have a general exception solely for libraries; • 74 countries have exceptions for copying for research or study; • 72 countries have exceptions for copying for preservation provisions; • 67 countries have exceptions for copying for replacement of worn out originals no longer available for purchase; • 17 countries have exceptions for document supply; • 6 countries have exceptions for loans between libraries; and • 26 countries have exceptions for legal workarounds for anti- circumvention of Technological Protection Measures.
- 12. General None Angola Burkina Faso Cape Burundi Verde Cameroon Cote d’Ivoire Congo Democratic Djibouti Rep. of Congo Kenya Guinea Lesotho Libyan Arab Malawi Jam. Mali Namibia Nigeria Senegal Rwanda Seychelles Swaziland Tunisia Togo Tanzania
- 14. TLIB The Treaty proposal covers: • Parallel importation (i.e buying books from abroad) • Cross-border uses of works and materials reproduced under a limitation and exception • Library lending • Library document supply • Preservation of library and archival materials • Use of works and other material under related rights for the benefit of persons with disabilities • Use of works for education, research and private study • Use of works for personal and private purposes • Access to retracted and withdrawn works • Orphan works It also proposes: • Obligation to respect exceptions to copyright and related rights • Obligations concerning Technological Protection Measures • Limitation on liability for libraries and archives
- 15. WIPO at 11.50pm, Friday 12th November 2010
- 16. Agreed WIPO SCCR Cluster Topics • Topic 1: Preservation • Topic 2: Right of Reproduction and Safeguarding Copies • Topic 3: Legal Deposit • Topic 4: Library Lending • Topic 5: Parallel Importation • Topic 6: Cross-border uses • Topic 7: Orphan works, retracted and withdrawn works, and works out of commerce • Topic 8: Liability of Libraries and Archives • Topic 9: Technological Measures of Protection • Topic 10: Contracts • Topic 11: Right to Translate Works
- 18. Slide Attributions • Slide 2: "I'm not sure I can help you—all your issues seem to be copyright-related." - New Yorker Cartoon, Condenast • Slide 6: APC Mag, http://apcmag.com/anti-sopa-internet-blackout-today-said-to-number-7000-sites-going-dark.htm • Slide 8: UNESCO Digital Preservation Conference: http://www.unesco.org/new/en/communication-and-information/events/calendar-of-events/events • Slide 9: Bruce Willis hoax, courtesy of the Daily Mail: http://www.dailymail.co.uk/news/article-2197248/Bruce-Willis-fights-leave-iPod-tunes-family-Act • Slide 10: The Orphans by E.C. Phillips, http://www.librarian.net/stax/date/2011/05/ • Slide 18: Ebook Cartoon, Marin Independent Journal Courtesy of the Librarian in Black: 20110426__webtoon424ebook.jpg
- 19. Thank You! Questions? stuart.hamilton@ifla.org @IFLADPA
- 20. Argentina 20 Brazil Burkina Faso Burundi No Library Exception Cameroon Chile Costa Rica Cote d’Ivoire Democratic Rep. of Congo Guinea Haiti Iraq Kuwait Libyan Arab Jam. Namibia San Marino Senegal Seychelles Swaziland Togo Yemen
Editor's Notes
- #12: And here is the problem, clearly set out in the findings of the WIPO 2008 study:
- #13: Africa is where you can really see the patchwork:
- #16: Why WIPO? What is it? UN agency dedicated to the use of intellectual property ( patents , copyright , trademarks , designs , etc.) as a means of stimulating innovation and creativity. Mission is to promote innovation and creativity for the economic, social and cultural development of all countries, through a balanced and effective international intellectual property system. Promotes the development and use of the international IP system through: Services – WIPO runs systems which make it easier to obtain protection internationally for patents, trademarks, designs and appellations of origin; and to resolve IP disputes. Infrastructure – builds collaborative networks and technical platforms to share knowledge and simplify IP transactions, including free databases and tools for exchanging information. Development – builds capacity in the use of IP to support economic development. Also: works with member states and stakeholders to improve understanding and respect for IP worldwide. Provides economic analysis and statistics. Contribute IP-based solutions to help tackle global challenges (climate change, public health, food safety) From IFLA’s perspective, it’s most important function is with regards to Law – WIPO helps develop the international legal IP framework, supposedly in line with society’s evolving needs.
- #17: So now we are waiting for compiled member states’ comments on these topics – views from their national perspective etc Explain how long it takes to get anything done at WIPO – talk about the structure of the meetings, EU timewasting and the endless discussions over wording. Which led to the ridiculous discussion about the naming of the document