IFLA and its Work at the World Intellectual Property Organisation – A United Nations

AgencyBritish Library, Friday 7 March 2014

Ellen BroadManager, Digital Projects and PolicyIFLA

The World Intellectual Property Organisation

The IFLA Team

On the table for libraries at WIPO• Working document SCCR/26/3– http://www.wipo.int/edocs/mdocs/

copyright/en/sccr_26/sccr_26_3.pdf – “Working Document Containing

Comments on and Textual Suggestions Towards an Appropriate International Legal Instrument (in whatever form) on Exceptions and Limitations for Libraries and Archives”

11 topics • Preservation• Right of reproduction and safeguarding copies• Legal deposit• Library lending• Parallel Importation• Cross border uses• Orphan works, withdrawn and retracted works,

works out of commerce• Limitations on liability• Technological Protection Measures• Contracts• Right to translate works

Library & Archive model treaty• Treaty Proposal on Exceptions and

Limitations for Libraries and Archives (IFLA/EIFL/Innovarte) – v4.3– Preamble– I. General Provisions (1-3)– II. Rights for Libraries and Archives

(Mandatory Exceptions or Limitations to Copyright and Related Rights) (4-13)

– III. Additional Protections (14-18)– IV. Administrative and Final Clauses (19-28)

New TLIB v4.4• Includes provision for text and data mining

(Right to Extract and Reuse Facts and Information)

• Right to Acquire Works (increasing issue for libraries arising from publisher eBook licensing practices)

• Incorporates Marrakesh approved text– Updated TPM provision– Updated text in relation to accessible

formatshttp://www.ifla.org/node/5858

Views on libraries at WIPO• Generally split by geographical

regions– Developing and in transition

countries are supportive of exceptions and limitations (Africa, Latin America, parts of Asia)

– Developed countries favor increased protections for right holders, oppose exceptions and limitations

Views on libraries at WIPOGreece [library lending]:

“If one can get a film or a book or a piece of music without even going to the library in his computer, at his home, by a digital transmission, even if this is for a limited period of time, why would this person go and buy it or pay to see it on TV or pay to download it, so on, how is this compatible with the three-step test and protection of the legitimate rights of authors? ““I don't believe that most missioning of libraries of the world is to deliver libraries in your personal computer at your home or wherever you were in the world permanently. I don't think this is a definition of the lending right. We still cannot understand how supply of books serves the mission of libraries. ”

Why go to WIPO?

Relationship between libraries and copyright

• Libraries historically insulated from exclusive rights claims of authors in copyright laws

• Libraries implicit in public interest policy considerations of copyright:– The importance of collected knowledge– The importance of access to knowledge– Education and scholarship– Creativity and discovery

The Problem• As copyright regimes have matured over

the 20th century, authorial rights have become removed from public interest policy considerations in copyright

• Berne Convention – focuses on national protection of authors rights; exceptions and limitations (E&L) are left to national discretion

• However, exercise of national discretion in crafting E&L further constrained by the Three Step Test (Article 9(2))

Tipping the balance further• In the digital environment, mandatory

protections of rights have increased in international frameworks:– WIPO Copyright Treaty (Internet Treaty)– Beijing Treaty (AV performances)– WIPO Performances and Phonograms

Treaty (WPPT)– Trade-Related Aspects of Intellectual

Property Rights (TRIPS)– Free Trade Agreements

The impact on libraries• Operating under patchwork of library

provisions around the world• Existing international frameworks placing

primacy on authors’ rights makes effective national reform difficult

• Libraries are increasingly being treated as users – not facilitators – of the copyright system (Ruth Okediji, 2011)

• In the digital environment, libraries need more than exceptions to the reproduction right (preservation and document supply)

What’s next at SCCR 27• 28 April – 2 May, 2013• Two days of discussion on libraries

and archives exceptions • Big library delegations attending• Battle between broadcasting and

libraries and archives