EIFL presents library treaty overview at WIPO

Learn more about the background, timeline, EIFL statements, proposals by Member States in favour of libraries, meeting conclusions.

At SCCR/23 during the special three day session on libraries and archives, Brazil invited libraries to elaborate further on the library treaty proposal referred to in the background paper submitted by Brazil on the case for a treaty on exceptions and limitations for libraries and archives (prepared by EIFL, IFLA, ICA and Innovarte).

The library response was in three parts. Ingrid Parent, IFLA President highlighted the importance of an updated copyright framework for libraries in the digital age. Then Winston Tabb put the library treaty proposal into context since 2004 when several Latin American countries first introduced limitations and exceptions as part of the focus on SCCR's work.

Teresa Hackett, EIFL outlined the substance of the library treaty proposal and provided an overview of its key characteristics. It sets a framework to ensure that libraries have the legal means to function properly in the analogue and digital environments while at the same time, it allows for a flexible implementation that recognises that countries are at different stages of economic development, and that national cultures and priorities differ. (The development dimension is especially important for EIFL).

Setting out its relationship with other international copyright treaties, Hackett stressed that the provisions apply to specific library activities in pursuit of public policy objectives. She also highlighted the boundaries of the proposal to try to ensure that authors' rights are safeguarded and dealt with in a fair way because libraries respect authors' rights and we seek to ensure a fair balance between the rights of authors and the public interest. She briefly described the areas covered in the proposal and provided detail on two topics by way of example, preservation and inter-library document supply. The library delegation then responded to questions from Member States including orphan works and contracts. Read the full intervention.

During the session, Member States identified ten work clusters for further consideration. The WIPO Secretariat is compiling the proposals and comments by Member States into a single document that we hope will be taken forward to SCCR/24 in 2012. The work clusters are:

• Preservation
• Right of reproduction and supply of copies
• Legal deposit (proposed by the United States)
• Library lending
• Parallel importation
• Cross-border uses
• Orphan works, retracted and withdrawn works
• Liability of libraries and archives
• Technological measures of protection
• Contracts

EIFL is pleased at the progress that has been made at SCCR/23 and the positive engagement shown by Member States. EIFL will be present on the last day of the session to ensure that the conclusions reflect the discussion and outcomes, and we have a roadmap to continue the work.

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