After 3pm the SCCR 27 (April 30, 2014) turned to Topic 2: Libraries and archives
In brief, countries supporting progress on a binding instrument on limitations and exceptions for libraries and archives include the Africa Group, Iran, Mexico, India, Bangladesh, Brazil, Ecuador, Morocco, Russia, Tunisia, Chile, Congo…
Representative quote of a proponent:
The Africa Group: While copyright law grants exclusive rights to authors and owners of copyrighted works and for any third party to access such works, there is a need for exceptions and limitations to create a balance between the rights of the right holders and the public interests, especially for libraries and archives who are entrusted with the responsibility to provide access to information and knowledge to its newses. It is noted that the exceptions and limitations as they currently stand are not sufficient to enable such institutions render these services effectively. This is more so with the move to a digital environment, especially with regard to the development of the new format of works including modes of transmission which are moving from hard copies to digital copies This new development was not foreseen in the current copyright regime. In this regard, there is need to revisit the existing provisions on exceptions and limitations to provide for the changes in technology so as to facilitate access to knowledge while at the same time taking precautions to avert a book famine where the authors would be discouraged from further creativity. We believe such a balance can best be achieved through the adoption of an appropriate legal framework at the international level
The following countries stated that they strongly do not support binding norm setting at international level on L& E for libraries and archives: Group B, the EU, US, Japan.
Representative quote against:
US quote:
In our view, individual countries should have flexibility to tailor limitations and exceptions to address their own circumstances and needs within the constraints of international obligations and taking into consideration their specific legal cultural and economic environments. For this reason, we do not support binding norm setting at the international level. At the same time, however, there is much we can do here at WIPO. We want to encourage and promote the development of appropriate exceptions and limitations in this area. We believe it would be extremely valuable to find consensus on the general objectives and principles that should inform and guide the development of such exceptions and limitations at national level
Here are the extensive notes for the governments’ interventions from 3 to 5pm (before coffee break)
Secretariat Update:
quote: Thank you, Chair, with respect to libraries and archives, the committee is working with document SCCR263 and at the last meeting the committee considered that document the working document containing comments on and textual suggestions towards an appropriate international instrument in whatever form on exceptions and limitations for libraries and archives.[…] note we are working with the same working document as we were at the last meeting with the idea that our hope is to get through the discussion of all of the remaining thematic topics, ie 5-11 at this meeting and then the could update its working document for the future to reflect the discussions that take place. Thank you
General statements:
Kenya on behalf of Africa Group: The group notes that there is need for protection of the creative industry by upholding and respecting the copyright system while maintaining the necessary balance for public interest.
While copyright law grants exclusive rights to authors and owners of copyrighted works and for any third party to access such works, there is a need for exceptions and limitations to create a balance between the rights of the right holders and the public interests, especially for libraries and archives who are entrusted with the responsibility to provide access to information and knowledge to its newses. It is noted that the exceptions and limitations as they currently stand are not sufficient to enable such institutions render these services effectively. This is more so with the move to a digital environment, especially with regard to the development of the new format of works including modes of transmission which are moving from hard copies to digital copies This new development was not foreseen in the current copyright regime. In this regard, there is need to revisit the existing provisions on exceptions and limitations to provide for the changes in technology so as to facilitate access to knowledge while at the same time taking precautions to avert a book famine where the authors would be discouraged from further creativity.
We believe such a balance can best be achieved through the adoption of an appropriate legal framework at the interest necksal level. The African group would like to touch on some clusters which we feel have a direct impact as far as the provision of access to information by libraries and archives are concerned. First, cross boshedFirst, cross border uses. In the past, the method of transmission of information by libraries and archives was via the traditional mode where a library would make available a hard copy of published work in its collections, however, now that the environment has drastically changed and with the evolution of transmission mode to digital platforms, it has become inevitable that libraries and archives need to quickly embrace the changes so that they can be effective in their distribution of information, especially in the areas of research and education.
A good example would be where a researchers from an African country whose rich historical background is houses in libraries or archives abroad and they need to access such information. It becomes very expensive and difficult for such a researcher to access such information in the traditional mode, yet the same can easily be done if the works were digited. The limitations that would speak to this concern would allow the institutions to access digital copies for legitimate use of such a researcher.
There is also another scenario with regard to distance education which requires that students across countries have access to the same study materials in the digital forms. On this basis, it has become necessary for the purpose of education and research to provide access to information to users irrespective of their location. Two, liabilities on libraries and archives. The librarians and archivists carrying out mandates to provide access to information to their users, normally do so in good faith. In most cases, these persons may not possess adequate legal background and may be limited in knowledge with regards to copyright and IP laws in general. In carrying out the mandates, therefore, they may find themselves in difficult circumstances with the law by inadvertently using copyrighted works beyond the provisions as currently provided under copyright laws.
It is on this basis that the African group would like to seek an international solution where there could be exceptions and limitations to such acts as long as they endeavor to exercise due diligence in carrying out the mandate.
Thirdly, technical protective
Thirdly, technical protective measures. The African group recognizes the need for the use of TPMs for enhancement of protection of copyright works on the internet. This notwithstanding it creates a barrier for both libraries and archives in carrying out the mandate to provide access to information to their users. Now that most of the sharing of information is done via the internet, these institutions face challenges where they are either required to pay fees to access such information at cost which may be prohibitive especially so for libraries in developing countries.
Even where exceptions and limitations already exist, the inclusion of TPMs threaten to render such exceptions and limitations redundant. It is on this basis that the African group wishes to emphasize the need to make it possible for these institutions to access such works by providing appropriate exceptions and limitations in the copyright system.
In conclusion, the African group wishes to reiterate the need to separate the textual suggestions from comments which should be captured in an annex as stated previously in our opening statement. With those comments, I once again echo our support to this committee in achieving the important task before us. Thank you.Japan on behalf of Group B: JAPAN: Thank you, Mr. Chair. On the importance of libraries and archives in our society. Group B has been actively participating in discussions on limitations for libraries and archives through sharing of experiences and views with other Member States. We would like to reiterate that in the discussions of this committee the recognition and respect should be given to differences of legal systems relating to libraries and archives among Member States to the difference of traditions and cultures.
Based on this principle, group B continues to believe that the goal of this committee’s work should be promotion of the exchange of experiences, ideas and principles in this field. In this regard, we look forward to fruitful exchange of views and experiences on items in this field which we could not deal with at the last session because of the time nor limitation was used for discussion on another issue. The work bye-bye Secretariat should be fully appreciated and the format of this document including proposed text and comments under each item should be kept for the purpose of the efficient taking into point Member States views. Group B believes the committee should continue its work as foreseen in the mandate.
Group B also sees merit in asking the Secretariat to update studies from 2008 noting that there have been a number of developments since those studies were first published. Mr. Chair, group B will continue to engage in the discussions on the limitations and exceptions for libraries and archives in a constructive and useful manner. To that end, we appreciate the contribution by SCCR26-8 titled objective and principle for exceptions and limitations for libraries and archives, and looks forward to discussing objective and principles. I thank you, Mr. Chair.End of general statements:
> Thank you, Mr. Chairman, I wanted to refer to the issue at hand. We have already outlined our position at length and we did this very specifically. And, therefore, so as I suggest we dedicate ourselves to sub standive discussions I would like to refer back to our opening speech which we gave on Monday, the GRULAC would like to highlight the importance it feels this topic has and this is why I would like us to concentrate on this substantive discussions.
>> CHAIR: Thank you Distinguished Delegate from irera guy. Thank you for referring to your initial statement. Fine, now, we are going to move on to the individual statements, country statements and I am sorry, I would like to correct myself, Mexico had asked for the floor before Iran and I would like to thank Iran for understanding. Mexico has the floor.
>> MEXICO: Thank you very much, Mr. Chairman, thank you very much, Iran. As is familiar to all of the distinguished delegations represented here, the function of a library basically is that of gathering together and disseminating storing, preserving and using the information which it has to be able to render service to society at large. Converting itself, therefore, in a huge value for human knowledge. The libraries also contribute to disseminating culture because through knowledge you disseminate culture and, therefore, you need to have quality information to also be able to create information which is of high quality.
Mr. Chairman, in the information society in which we are living nowadays, information knowledge have become the milestones of economic and social development of countries and through reading one can improve the quality of life of the human beings, education, and society as a whole. And in the libraries and archives play a very important role in this framework.
Mexico is aware of this situation has planned within the federal law of copyright provisions which immediately are linked to limitations and exceptions for libraries and archives for reason of safety and preservation. Allow me, Mr. Chairman, just to quote the Mexican law on copyright, Article 148, literary works and artistic works disrd disseminated can be used whenever it does not affect the norm at exploitation of the works without authorization of the right holder of the work and without any remuneration quoting the very source and without altering the work in any way and these are 9 following days.
Here we move into the part 5 of this Article, 148 of the Mexican law which points out literally the reproduction of a copy on the part of an archive or library for reasons of security and preservations, and which is exhausted and no longer cataloged or documented or in any danger of disappearing. And here the, quote, finishes, the government of my country fully supports this topic of limitation exceptions for libraries and archives in this form and expressed readiness to be able to continue working actively during these discussions to be able to achieve specific objectives in this field.
Therefore, my delegation supports the holding of an intersessional meeting on the issue of limitations, exceptions for libraries and archives taking into account that one of the main objectives of this committee is to proceed with discussions to be able to achieve an international legal instrument. Thank you very much, Mr. Chairman, that’s all. Thank you, sir.[…]
IRAN: Thank you, sir. My delegation strongly believes that limitations and exceptions while essential part of copyright law and play a vital role in bringing balance to the system. The work of SCCR on the limitations provide a peculiar and particular example of the activities and afford for the implementation of development agenda. We do hope that the outcome of the expected international instrument or instruments from the work of the committee provide more opportunity for easy access to the cache of literary and artistic works of creative minds of human beings.
My delegation strongly supports the development of a legally binding international instrument for limitation and exceptions for libraries and archives and also research and educational institutions as well. Institutions that considerably facilitate the access of people to information and culture. We believe that such a legally binding instrument or instruments would facilitate addressing the needs of all countries in particular developing countries in terms of digitization of work.
In the case of libraries and archive the objective of the possible Treaty is strengthening the capacity of libraries and archives to provide access to and enable preservation of library and archives material to carry out the public service role. Finally, Mr. Chairman, in order to fulfill the mandate and come about a concrete proposal to establish an international instrument, as many delegation reiterated last session that committees should expedite the process and start text based negotiation. So as my delegation would like to second the African group’s suggestion for facilitating this exercise the comments should be separated and transferred to an annex in the working document the objective of the possible Treaty is strengthening the capacity of libraries and archives to provide access to and enable preservation of library and archives material to carry out the public service role. Finally, Mr. Chairman, in order to fulfill the mandate and come about a concrete proposal to establish an international instrument, as many delegation reiterated last session that committees should expedite the process and start text based negotiation. So as my delegation would like to second the African group’s suggestion for facilitating this exercise the comments should be separated and transferred to an annex in the working document.INDIA: Thank you, Mr. President. Indian delegation associates with the interventions made by distinguished Delegation of African group, Iran and Mexico, and we have been insisting that there should be a legally binding Treaty for exceptions and limitation for library archives considering the changes in the working of libraries, whether it is due to the onset of digitat environment, availability of various digital copies or the various contracts are overriding limitations and exceptions being provided by the national laws. All with all respects to the right owners, exemptions and limitations cannot be taken away by the contracts because the library functions will be totally directed by the licenses with these libraries are getting, for instance, the interlibrary loan. So and these licenses will not facilitate interlibrary loan because interlibrary loan is a mechanism that originally followed by the libraries in agency where there is a delay in buying any book, making that available, that copy available to the researchers, they borrow this temporarily from the library. They loan it and return it.
They do buy these books and make these available but only in cases of urgency this practice is followed. So that’s what we understand from the most of the libraries not only in India, and other western world these contracts and licenses are not allowing the libraries to practice this interlibrary loan and other exceptions given in the many nation laws.
They cannot, the seminal work returned by thanks to the WIPO Secretariat getting such study done on limitations exceptions on libraries and archives, Kenneth Cruz has done very good work and then notice what kind of limitations and exceptions are there.
We know that eneye clough pedia Britannica physical book is not available now. When asked to go and get that on line, the other day, I returned to the digital environment that is Oxford dictionary. So like this, many books are dying, physical books. So in this environment, how libraries should start lending books digitally so these things are important things this Treaty has to look into by protecting the right owners right. We also have to facilitate libraries to make these books accessible to the students and researchers. This is very, very important because this issue is not specific to the developing countries or least developing countries, it is specific to all of the countries whether it is developed or developing countries.
The libraries have to function in this digital environment. I, again, support the comments made by the distinguished delegate of Africa, Iran and Mexico that after two years working on this document of limitations exceptions which is available, unfortunately everything is next year. So some of the countries including India have given legal textual proposals so that a legal textual Article, where Article discussion can happen, but that is not happening. Whereas the general comments which we make in the plenary, that is also included in the text.
So we should not be creating any confusion. The moment you see the document. if you just compare this document with the broadcasting text the countries like India and U.S.A. and other countries have given legal textual proposals that has been put in the annex here. So why we are allowing these general comments in the main text? So we should not have any double standards here. In the brought casting, even legal comments are put in a nutshell.. Here, general comments bla, bla, bla, made in plenary are kept in the main proposal. So my request is they should be separated and then the is SCCR should give a deadline. If any member country would like to give an illegal proposal, that line should be given so they can either revise earlier sprue posals or send a flash proposal. So that’s when I request.BANGLADESH: Thank you, Mr. Chairman. Mr. Chairman, libraries and archives are two extremely important institutions of our owe tight which are solely to give service to the people. That’s why when we discuss about IP rights about libraries and archives, we should take into consideration their contribution to our social and development issues. The Delegation of Bangladesh strongly believes that libraries and archives should be among the first organisations to get the benefit of exceptions and limitations. That’s why we hope to see progress to our adapting an international legal instrument in this session.
BRAZIL: Thank you, Mr. Chair for giving me the floor. I would like to state that our support for interventions made especially from the African group, from Iran, from India and the last intervention from India regarding possible deadline for presentation of new proposals, and also bringing the, to the annex the comments that were made so we would have a clear text and text that we can actually work. If you compare to the text of broadcasting, we would have some similar treatment of this text to the text we are having in the broadcasting.
I would like also to touch upon one suggestion made to discussion of that perhaps one way to accommodate would be to bring principles to the coppices we are discussing, but in in the way that we would only have one text because we understand the mandate should work on these texts for etiquette of legal instruments — adequate legal instrument. So this might be one way that we would have one text that would have a preamble and also the topics we are discussing. >> CHAIR: Thank you very much, Brazil. Thank you for your proposal. We invite the remainder of the delegations to also make comments on the suggestion. I call on Ecuador.
> ECUADOR: Thank you, Mr.. Chairman. For the Delegation of Ecuador the agenda this committee has is of paramount importance. This agenda is fully in the political line that that Ecuador has. We want to have the human being included, ins inclusive policy. Policy involves development of norm setting, both at the national level as well as proposed on international level which create balance between protection, access, protection and access to the copyright and intellectual property rights to work in a norm setting framework to enable us to remove unjustified obstacles to knowledge and culture is a task which can only be carried out in an effective way with the assistance of all of the delegations who are taking part in this committee.
A work, which, of course, we must carry out in depth, but also with a feeling of urgency. Mr. Chairman, the assembly of 2012 gave us a mandate to work on the tempt with the objective — text with the objective being able to make recommendations in the 28th session of this committee, and, therefore, we should do our utmost and be as enthusiastic as possible in this meeting so we can fulfill the objectives already indicated by the is seemably. Because of the above we must focus on the drawing of specific provisions for the international instrument which for our delegation should be a Treaty for limitations exceptions for libraries and archives. In this respect, we endorse the proposal made by the representation of India and Brazil as well, and they have pointed out regarding separating the comments of the text which complete text and we could work in a better way.
Now, to conclude, Mr. Chairman, I repeat that this delegation is committed towards this work so as to be able to achieve positive results which would involve progress made by the end of this week. Thank you, Mr. Chairman.
ow, to conclude, Mr. Chairman, I repeat that this delegation is committed towards this work so as to be able to achieve positive results which would involve progress made by the end of this week. Thank you, Mr. Chairman.CHAIR: Thank you, Distinguished Delegate from Ecuador. Thank you for the positions you have submitted in response to the proposals which have been provided in this committee, and for inviting us to enjoy the objectives as you have described it, and that is good living or proper living. Morocco has the floor.
>> MOROCCO: Thank you, Chair > MOROCCO: Thank you, Chair. My delegation considers the question of libraries and archives very important one. They play a vital role in the educational and cultural and scientific development of all nations. This is clearly seen in all thesis and research papers. These all start from research in libraries and archives. For this reason, Chair, libraries and archives play a role that is evident and well k in any country.
For this reason, the Moroccan delegation considers libraries and archives and the limitations and exceptions to copyright holders are essential to meet demands and requirements in the field of research and education. These limitations and exceptions should enable libraries and archives to import works and to transport them across borders.
This will enable us to avoid this book famine in the field of written works. We are currently updating limitations and exceptions, ones that are in some cases are outdated. The current exceptions and limitations are unable to meet the demands and purposes of the current age. Present day technology and the digital environment require and have set before libraries and archives major challenges. We must, therefore, open before them new vistas and horizons so that may in fact proceed along the path of a digital environment which work hand in hand with digital technology.
This was clearly sit out in the statement of the African group which we fully endorse. As this will enable libraries to fulfill their role and will open up horizons for researchers and all of those seeking knowledge and education. This will enable them to fulfill their needs without any obstacle. The question, therefore, Chair, is a question of updating and here in this updating we must take into account the current challenges in modern technology.
We along with the other delegations find we must all seek to fulfill that international instrument or agree to that international instrument which would clearly set out limitations and exceptions in the atmosphere of modern technology. We call on all delegations and we call on the Secretariat to separate between the proposals and the commentaries so that we may clearly see our purpose and goal, i.e., adopting new limitations and exceptions adapted to the present day generation.
>> CHAIR: Thank you very much,RUSSIAN FEDERATION: Thank you, Chairman. Chairman, the Russian Federation would also like to express support for all of the efforts that have recently been made by the committee in seeking to improve legislation in the area of copy right. Of course, we also support all of the efforts that have been made to include exceptions and limitations within our work on copyright, particularly when it comes to libraries and archives. And once again, I would like to appeal to colleagues to take a broader view of this. I know I have said this many times before, but I have often referred to the fact that we have to think about what kind of limitations and exceptions we are talking about and I refer to the importance of education and research institutions in any country.
This is very important for higher education, and I know I have said it before, but I think it’s worth saying again. Having said that, I would go on to support an idea that has been put forward by a number of delegations at this session who have said that we really have to work effectively, and that means that we have to come to a stage where we can work on a single text and start working on a single unified text. Now, we have a very good example. We have the Marrakesh Treaty that is an excellent example tha follow, and as it were try to base ourselves on the approach that led to the Marrakesh Treaty.
Then it seems to me we could really make progress and perhaps at the next session then if we took that approach, we could work more effectively and more quickly on this issue. There is just really one other comment I would like to make at this stage. I would like to draw attention to one point, and here I’m speaking, of course, to my colleagues but particularly to the experts who will be working on this document.
When we are drafting the document I’m talking about, when we are then discussing it and when we are then moving towards our ultimate goal, that is the goal of including these exceptions and limitations to copyright, when we do all of this, we have to have flexibility as our watch word. We have to be as flexible as possible so that we do not lose sight of our ultimate goal, that is to say insuring that we have effective protection for authors and for creative artists for those who produce creative work. We have to insure that their work is protected. And we also have to understand that limitations and exceptions can’t go on forever, that there has to be some kind of limit. And I know that we often end up certainlily in my country arguing with libraries about this. We understand libraries want as much as possible.
They want to have the greatest possible opportunities available to them, but that’s not
They want to have the greatest possible opportunities available to them, but that’s not always possible if we have to uphold copyrighted cases. So we know that there is a balance that has to be truck, but if we take a flexible approach, I’m sure we can make progress, and first and foremost, I think we have to come up with a single text so we have one text that we are working on towards the objective that we all share. Thank you.Tunisia TUNISIA: Thank you, Chairman. Chairman, it goes without saying that we support the statement from the African group, and having said that, I would like to emphasize the fact that Tunisia attaches particular importance to the role of libraries and archives in educational and cultural development. And also in the area of scientific research. Having an international legal instrument on limitations and exceptions in that context could really breathe new life into the work of such institutions, libraries and archives.
I would just like to point out that in Tunisia’s new constitution, we have enshrined intellectual property rights but we have also enshrined a right to culture.
Thank you.EU: European Union: Thank you, Mr. Chairman and let me present the statement on behalf of European Union and Member States on the topic of limitations and exceptions for libraries and archives and later on I will briefly comment on your invitation to react to the India proposal. Cultural heritage institutions play an essential role in our society with regard to the dissemination of knowledge, information and culture.
While the Yule and its to fulfill public intermissions both in analog and digital world, we under that the existing international framework provides for a wide variety of possibilities for all Member States of WIPO to insure meaningful limitations and exceptions in this area. WIPO Member States that have not yet introduced such exceptions in their national legislation, can currently do so, and if necessary, request the assistance of WIPO or help of other WIPO states and stakeholders.
European Union and its Member States believe that it is important to reiterate that we are not willing to consider a legally binding instrument in this area. Apart from the flexibility effort by the existing international framework, we see too main reasons, first, the E.U. and its Member States do not believe that possible issues related to activities and archives require the same type of action was deemed necessary to the unique case of access to books for the benefit of people who are blind, visually impaired and print disabled. Second, this committee did not provide an answer to the question as to the rationale, the need to harmonize exceptions for libraries and archives at an international level. The E.U. and its Member States are of the view that this committee did not provide substantial evidence that would just few such an international harmonization.
Problems that were raised called for the introduction of exceptions on national level, yet they lack a general international dimension. The few examples of issues related to access to content on actual tur rail identity held in the catalogs of cultural heritage held abroad do in our opinion not mandate such an intervention. It is important that WIPO maintain a certain degree of flexibility which is particularly important in view of the different legal systems and traditions.
Many countries have taken different approaches in line with the cultural and legal traditions. In Member States licensing plays an important role either alongside the application of exceptions or instead of the application of exceptions. We perceive that the issue of exceptions and limitations for libraries and archives is a national issue and, therefore, does not require addressing by an enacting international new norms. In conclusion the E.U. and Member States are prepared to continue to debate and have an exchange of views on this topic and to have an change of views on the diverse national experiences in this area.
We believe that the best way to make progress in our work is to identify those issues which are most important and useful for the exchange of national experiences and to update relevant WIPO studies. Mr. Chairman, as regards the proposal as regards the proposal just made by India to clear the Secretariat’s from comments and to move those to the annex, we cannot agree with this proposal. We are of the opinion that all views expressed during the previous standing committees should be duly reflected in the document. Thank you.CHILE: Good afternoon. Mr. Chairman, for our delegation, the issue of exceptions and limitations is of vital importance in the work of WIPO. Regarding libraries and archives, we are pleased to hear positive interventions on this item of the agenda. The Delegation of Mexico explained in a precise manner the important role that these institutions have for the development of humanity. An explanation which we endorse.
We believe that said rule is also shared by the museums and, therefore, we consider to include them in our analysis during several sessions we have exchanged visions, points of view on national experiences. And the different legal realities. We can continue making progress in this process as soon as this goes hand in hand with defining results. There are important issues which require an international view, library lending in particular in a digital environment.
The reproduction for preservation purposes, the effect of TPNs, technological protection measures, the orphan works amongst other relevant tollics. We — topics, we must analyze with a glimpse of compared experiences seeking solutions jointly, which will enable us to guarantee the preservation and access to knowledge as well as research and study in the different areas of knowledge. Thank you very much.Columbia:Columbia is a country which has always been characterized as wanting to promote the use of the system of intellectual property, considering the twofold use or the twofold element which the intellectual property system contains, that is the element of protection for the creators of protected works through copyright, but likewise, the element for flexibilities that the system contains which enable us to have access without authorization in certain cases for certain protected works through copyright.
In this respect, our country endorses the initiative of continuing making headway in the study of limitations exceptions in general and particularly for libraries and archives since we consider that this is a mechanism with no doubt whatsoever will serve as a key element for the promotion, access to knowledge and to stimulate in future research. Thank you.UNITED STATES: Thank you, Mr. Chairman. The United States starts with the recognition that exceptions and limitations are a critical element of a balanced and vibrant copyright law regime. A combination of strong protections for authors and appropriate exceptions and limitations on their rights together serve to further the copyright’s systems of goals of encouraging creativity and learning. Of course, exceptions and limitations must be consistent with Member States existing international obligations including the three step test. Now, libraries and archives play a special central role in all of our societies.
They advance knowledge by protecting and providing access to works that comprise the cumulative knowledge, cultural heritage and collective memories of the world’s nations and peoples and in order to carry out their public service roles, libraries and archives need adequate and appropriate exceptions and limitations in national laws. The beneficiaries of such exceptions and limitations are not only those entities themselves, but also their users and society at large.In our view, individual countries should have flexibility to tailor limitations and exceptions to address their own circumstances and needs within the constraints of international obligations and taking into consideration their specific legal cultural and economic environments. For this reason, we do not support binding norm setting at the international level. At the same time, however, there is much we can do here at WIPO. We want to encourage and promote the development of appropriate exceptions and limitations in this area.
We believe it would be extremely valuable to find consensus on the general objectives and principles that should inform and guide the development of such exceptions and limitations at national level. And we would then propose taking our work further through mutual collaboration and implementing the general objectives and principles and in crafting the details of our domestic laws we can work together on this committee to examine and learn from the legislative frameworks that have been adopted or put forward in
different places.Doing so can benefit all countries in improving the scope and effect of our own national exceptions and limitations and without imposing a one size fits all template on any specific type of use. To help move forward with this approach at SCCR23, the United States introduced a text for discussion, and that was a set of objectives and principles for exceptions and limitations for libraries and archives.
These objectives and principles recognize the many and varied public service roles of these institutions including with respect to preservation and support for research and human development. They also acknowledge the special needs of these institutions in carrying out their responsibilities. We have listened carefully to Member States’ discussions over the past few meetings and having done so we have updated our original objectives and principles document to reflect additional areas where we believe there may be agreement.
And that updated document was introduced as SCCR26/8, and incorporated into the relevant documents for this meeting. It recognizes, for example, that limitations and exceptions should appropriately insure that libraries and archives can preserve and provide access to information developed or disseminated in digital form and through network technologies. In terms of the presentations of the various texts on the library and archives issue and the Chairman’s text, we would make the following points.
We all agreed at the General Assembly to continue discussions on a text based approach, but we did not agree on any particular form that the text should take. We cannot agree to limit the documents that we are considering to only text in the form of Treaty language as we have not agreed to pursue a Treaty on these issues. We believe that each delegation must be free to determine what type of text they wish to propose.So the United States would be happy to discuss or answer questions on our updated objectives and principles text and we look forward to continuing to engage productively on this important topic. Thank you
JAPAN: Thank you, Mr. Chair. I am speaking in my national capacity. Regarding the issue of limitations and exceptions for library and archives, we fully echo the statement made by group B. We recognize the important law of library and archives in our society to provide public access to knowledge, which is one of the mesh main resource of energy in development of mankind. According to the WIPO study of 17/2 at 2008, more than 100 countries already have at least one stage storage library exception. This clearly shows that the library and archives have certain function in number of countries, however, in a reflection of social diversity, the function of libraries and archives in each country are not uniform, which means that the limitations and exceptions provided to archives on library and archives are also different in each country.
For example, organisations to which limitations and exceptions are applied, in other words, the definition of libraries and archives works which library and archives osh activities which library and archives can do under the limitations and exceptions. All of these things vary from member to member. Thus we are of the opinion that exchanging our experiences will be useful to find the best possible way to make limitations and exceptions for those organisations effectively function within the existing international copyright or legal frameworks.
Furthermore, taking such circumstances into account, we are of the belief that it is highly important for each member state to make efforts to implement adequate systems or practices in accordance with its laws and declarations. In this context we strongly believe that flexible approach should be allowed regarding how to establish the exceptions in each Member States. At the same time, we would like to shed light to the fact that the established steady step test is working well as a general provision for maintaining a fair balance between protecting copyright and insuring public interest.
Mr. Chair, Japan will continue to participate in the discussion on the limitations and exceptions for the libraries and archives in a forceful manner. Finally, with regard to the working document on this issue, we are of the opinion that the proposed text and the comments should be treated in the parlorred manner of each item.. I thank you, Mr. Chair.CHAIR: , as I’m speaking on behalf of my delegation on the excellent job you are doing in the Chair of this committee.. Many congratulations. Having said that, I would two on to say that Congo supports the statements made here by Kenya speaking on behalf of the African group. Indeed, access to culture and to knowledge is in the world in which we now live something that is essential for all human kind.
Sadly, however, in this knowledge and culture is available in some countries but not in others because of different levels of development. Congo is convinced that in order to guarantee universal access to knowledge and culture, we need a trance monitoring system of exchange among research institutes, libraries, universities and archives. And this service of change has to be available in real time.
At present, this is not possible. Because of TPMs and other measures that are taken in order to penalize such institutions in accordance with copyright if they seek to gain access to certain pieces of knowledge or culture. We, therefore, need to have an international binding instrument striking a proper balance between copyright on the one hand and the right of the general public throughout the world to access culture and knowledge on the other.
Congo knows about this because we are speaking from our own example of what happened in our country. In 1997 war ravaged Congo and everything was destroyed including libraries and archives. It is now very difficult for researchers, students and others working in Congo to do what in fact they are trying to do, to is to say to study, to gain knowledge and culture. So how then can they gain access to knowledge and culture? Well, unless they can do that, then in fact the Gulf that separates Congo from other parts of the world will only grow.
Thank you.
>> CHAIR: Thank you very much girled delegate from Republic of Congo for warning us about the need to have responses in the face of these critical situations which can occur. China has the floor.
>> CHINA: Thank you, Chairman. The Chinese delegation would like to thank this committee and the Secretariat for the work that has been done on limitations and exceptions for libraries and archives. We believe that libraries and archives have a very important role to play in providing access to knowledge. We, therefore, believe that these bodies, libraries and archives should have a right to benefit from limitations and exceptions. At present in China, we have legislation and regulation governing libraries and archives and they have the right to put works into a digital format in order to keep a copy of them.
This is done in order to allow them to allow them to preserve works, however, they have to indicate the name of the author and other details in doing so. We have other regulations governing libraries and archives in this area and in the light of our experience, we support what is being done here in this committee, the exchange of practices taking place and we very much hope that this Agenda Item will receive greater attention in future.