This document summarizes IFLA's work at the World Intellectual Property Organisation (WIPO) to advocate for exceptions and limitations for libraries and archives in international copyright law. It discusses IFLA's model library treaty, views expressed by different countries at WIPO, and challenges libraries face as copyright law has increasingly focused on protecting rights holders over the public interest in access to knowledge. The next WIPO committee meeting will discuss libraries exceptions amid ongoing debate between broadcasters and libraries.

1. IFLA and its Work at the World Intellectual Property
Organisation – A United Nations Agency
British Library, Friday 7 March 2014
Ellen Broad
Manager, Digital Projects and Policy
IFLA

2. The World Intellectual Property Organisation

3. The IFLA Team

4. 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”

5. 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• Orphan works, withdrawn and retracted works, works out of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

6. 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)

7. 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 formats
http://www.ifla.org/node/5858

8. 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

9. Views on libraries at WIPO
Greece [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. ”

10. Why go to WIPO?

11. 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

12. 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))

13. 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

14. 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)

15. 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