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WIPO to discuss library and archive copyright provisions

Some interesting proposals will soon be under discussion at the World Intellectual Property Organization that could free libraries, archives, educational and research institutions, and people with disabilities from copyright provisions that hamper their ability to make use of copyright works.

The World Intellectual Property Organization’s committee on copyright meets this upcoming June 29 to July 3. Three main topics will be under discussion: first, the possible establishment of a treaty granting intellectual property protection for broadcasting organizations; second, the possible establishment of an international instrument setting out copyright limitations and exceptions for libraries and archives; and, third, the possible establishment of an international instrument setting out limitations and exceptions for educational and research institutions and for persons with other disabilities.[1]

The need for limitations and exceptions by libraries was laid out in 2011 by a number of library organizations, which noted that:

preservation of print and digital materials is a matter of increasing concern as “born digital” documents must be retained, print documents must be preserved and sometimes repaired, and digital lock increasingly make the job of preservation difficult or impossible.
libraries and archives must increasingly collaborate across institutions and borders, and copyright law must “catch up” to reflect this.

They suggested that an international treaty could enable libraries and archives to better preserve works; to support education, research, private study; and to support people with disabilities in accessing content (p. 5).

Currently two sets of proposals, one by the USA, and the other by the African Group, Brazil, Ecuador, India and Uruguay, are on the table for discussion. Both sets of proposals would:

encourage copyright regimes that would enable preservation;
encourage legal deposit regimes; and
encourage limitations on liability for libraries and archives acting in good faith.

However, the proposals of the African Group, Brazil, Ecuador, India and Uruguay go much further to also encourage countries to enable:

acquisition of works by libraries via parallel import where a member state does not provide for international exhaustion;
cross-border use of works between library and archive institutions;
libraries and archives to reproduce and make available orphan works;
circumvention of digital locks for the purposes of making use of limitations and exceptions outlined in the instrument;
elimination of the contractual overrideability of limitations and exceptions; and
libraries and archives to translate works for the purposes of teaching, scholarship and research.

It is expected that at the next session discussion will continue on these proposals, and that an additional document by the chair will also be discussed (13).

[Original post available here.]

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[1] Knowledge Ecology International provides extensive information on the first topic.

The broadcasting discussions have been ongoing for ten years, as was noted by the Brazilian delegate at the last meeting of the committee (Draft report, p. 17). The latter two sets of discussions have gathered some momentum after the successful adoption of WIPO’s first treaty on limitations and exceptions for the visually impaired.

Peaks and Valleys at WIPO’s Latest SCCR

WIPO’s latest meeting of the SCCR had both failures and successes. Although it was without any agreements on established agenda items, for the second time in a row, the meeting did mark the very first ratification of the Marrakesh treaty.

The meeting of WIPO's twenty-eighth session of the Standing Committee on Copyright and Related Rights — Photo: WIPO – Emmanuel Berrod

It seems as though a pattern is starting to form in the WIPO’s SCCR where developed countries are resisting efforts made by developing countries to create a copyright environment that will be favourable to their development. Several developing countries stressed the development aspect of this UN agency in hopes to steer the focus of discussions to issues found in the Development Agenda. “Developing countries are pushing for limitations and exceptions to copyright, developed countries contend that the current copyright system is adequate” (Info Justice).

In order to bypass the refusal of the European Union and other countries to get to a text-based work on libraries and archives, the US delegation was invited by the Chair to present objectives and principles for exceptions and limitations for libraries and archives. The US delegate stated that the proposal was “seeking agreement on basic goals at the international level on which to base further work on national laws” but the EU insisted that they were “not willing to work towards a legally binding instrument” (IP Watch), a position they adopted at the previous meeting of the SCCR. This is troublesome for developing countries that rely mostly on foreign works and who do not have developed and self-sustaining publishing industries.

This position is troublesome to librarians and archivists who are seeking to have updated the legal frameworks that they work within to preserve and acquire works and make them available for education and research. A further issue that they want WIPO to address is that of contract licenses for digital content which often overrides the exceptions and limitations currently being discussed within the SCCR. “Collectively, libraries today spend billions of dollars each year on licensed digital content” according to the International Federation of Library Associations (IFLA). Ellen Broad, the manager of digital projects at IFLA said that “amounts spent on content differ dramatically” while Simonetta Vezzoso, copyright consultant at the Associazione Italiana Biblioteche (Italy) added that “There is little transparency in costs across suppliers” (IP Watch).

Despite setbacks however, India became the first country to ratify the Marrakesh Treaty. “We congratulate India on its ratification of the Marrakesh Treaty and hope this ratification will be the first of many,” said WIPO Director General Francis Gurry. “When the Marrakesh Treaty takes effect, the lives of people who are visually impaired around the world will be enriched” Gurry Said (AG-IP News). The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled seeks to, as the name suggests, facilitate the production, dissemination and exchange of works for “persons who are blind, visually impaired, or reading disabled or persons with a physical disability that prevents them from holding and manipulating a book” (WIPO). The treaty will come into force once 20 ratifications have been presented to WIPO.

In addition, the Accessible Books Consortium was launched and is tasked with increasing the number of accessible books “for use by hundreds of millions of people around the globe who are blind, visually impaired, or otherwise print disabled, most of whom live in less-developed regions” (WIPO). According to WIPO, ABC was created to help increase access to works by print disabled individuals through work in three areas: “the sharing of technical skills in developing and least developed countries to produce and distribute books in accessible formats, promoting inclusive publishing, and building an international database and book exchange of accessible books”.

Little Progress at SCCR

There was again no real progress after another effort to concretize the future work of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR). The inability to arrive at any conclusions was due to tension between the positions of developing and developed nations.

The Twenty Seventh Session of WIPO's Standing Committee on Copyright and Related Rights — Photo: WIPO – Emmanuel Berrod

The 27^th meeting of the SCCR took place from April 28^th to May 2^nd, 2014. The week began with the discussion of rights for broadcasters and ended with exceptions for libraries and archives. With developing nations trying to obtain more beneficial rights regimes and developed nations trying to maintain current states of affairs which are advantageous to them, both topics ended at a stalemate.

Developing countries hope to produce a treaty that would allow exceptions in copyright for libraries and archives. This proposal was most strongly and vocally opposed by the European Union (IP Watch). Delegates from the EU were adamant about the removal of references to copyright exceptions in ‘text-based’ work relating to libraries and archives. This was seen by other delegates and library and archive NGOs as an attempt to slow or completely halt any progress on making exceptions to copyright (IFLA).

Delegates were also slow to come to any agreement in terms of broadcasters’ rights. This slow progress was attributed to the highly technical nature of the terms being discussed. Informal consultations were said to have brought many of the delegates up to speed on these matters (IP Watch). Most of the conclusions presented were accepted after changes to just about every paragraph. Nevertheless progress was made towards an international treaty to protect broadcasters’ rights.

Libraries Decry Digital Locks

A meeting at the World Intellectual Property Organization last week on a possible international treaty or international instrument that would enable libraries and archives to better preserve cultural heritage and better enable access to information by people around the world ended in stalemate.

This outcome was unfortunate for developing countries as well as library and archive NGOs who feel the direct pressure of the rigidity of national intellectual property laws. On behalf of the Canadian Library Association, Margaret Ann Wilkinson made a statement at the meetings, noting that since 2012 “Canadian libraries’ abilities to meet the needs of our users have been compromised through the recent introduction into Canadian law of legal protection for Technological Protection Measures and Digital Rights Management” (IFLA).

Wilkinson concluded that:

an international treaty with a provision declaring states must legislate such that libraries and archives can circumvent Technological Protection Measures in order to exercise their statutory limitations and exceptions to the rights of the rights holders will restore balance. Such a treaty will allow libraries and archives, including Canadian libraries and archives, to serve their important public interest function.

Public Knowledge and the Standing Committee on Copyright and Related Rights

sccr1 — WIPO delegates at the Standing Committee on Copyright and Related Rights. (Photo: WIPO – Emmanuel Berrod)

As the year begins to come to a close, the newest session of the Standing Committee on Copyright and related rights has been convened in Geneva, Switzerland. Previously, in posts from earlier this year it was noted that during this session the SCCR plans to examine working documents for treaties such as a treaties for the protection of broadcasting organizations, limitations and exceptions for libraries and archives, and limitations and exceptions for educational and research institutions and people with other disabilities.As the year begins to come to a close, the newest session of the Standing Committee on Copyright and related rights has been convened in Geneva, Switzerland. Previously, in posts from earlier this year it was noted that during this session the SCCR plans to examine working documents for treaties such as a treaties for the protection of broadcasting organizations, limitations and exceptions for libraries and archives, and limitations and exceptions for educational and research institutions and people with other disabilities. Continue reading “Public Knowledge and the Standing Committee on Copyright and Related Rights”