On Wednesday, 30 April 2014, Kenya delivered the following statement on “Limitations & Exemptions for Libraries and Archives” on behalf of the African Group. In contrast to the European Union, the African Group underscored the point that copyright limitations and exceptions
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 new formats of works including mode of transmissions 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.
In the view of the African Group, this balance was best achieved “through the adoption of an appropriate legal framework at international level.”
The African Group statement focused on: 1) Cross border uses, 2) Liabilities on libraries and archives and 3)Technological protective measures TPMs.
SCCR 27 – AFRICAN GROUP STATEMENT FOR LIMITATIONS & EXEMPTIONS FOR LIBRARIES AND ARCHIVESKenya has the honor to make this statement on behalf of the African group.
Mr. President,
I wish to take this opportunity to thank you once again for giving us this opportunity to give our general comments on the issue of limitations and exceptions for libraries and archives. We reiterate our support for the work of this committee and are committed to ensuring that we attain our goals as set out in the agenda before us.
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 the public interest. While copyright law grants exclusive rights to authors and owners of copyrighted works and for any third parties to access such works, there is a need for exceptions and limitations to create a balance between the rights of the rights holders and the public interests, especially for libraries and archives which are entrusted with the responsibility to provide access to information and knowledge to its users.
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 new formats of works including mode of transmissions 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 international level.
The African group would also 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;
1. Cross border uses
In the past, the method of transmission of information by the libraries and archives was via the traditional mode where a library would make available a hardcopy 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 the 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 researcher from an African country whose rich historical background is warehoused 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 digitized.
The provision of exceptions and 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 practical 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 purposes of education and research to provide access to information to users irrespective of their location.
2. Liabilities on libraries and archives
The librarians and archivists in carrying out their 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 backgrounds and may be limited in knowledge, with regards, to copyright and IP laws in general.
In carrying out their mandates therefore they may find themselves in difficult circumstances with the law by inadvertently using the 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 limitations and exceptions to such acts as long as they endeavour to exercise due diligence in carrying out their mandate.
3. Technological protective measures TPMs
The African group recognizes the need for the use of TPMs for enhancement of protection of copyright works on the internet. This notwithstanding, we note such measures create a barrier for both libraries and archives in carrying out their 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 TPM’s threaten to render such exceptions and limitations redundant. It is on this basis that the African group wishes to emphasise 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 that need to separate the textual suggestions from comments which should be captured in an annex as indicated 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