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

 

A2KMake it happen!

eIFL-IP Advocacy for Access to Knowledge

 

eIFL-IP Advocacy for Access to Knowledge

 

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

eIFL-IP Advocacy for Access to Knowledge 

Thank you for listening!

Access to Knowledge- let’s make it happen!