[A2k] Presentation of Ecuador at WIPO SCCR 23 discussion on libraries and archives

corporacion innovarte innovartecorporacion at gmail.com
Tue Nov 22 14:39:59 PST 2011


Dear Thiru thanks for the info. Although is important to notice that
the proposal was a joint proposal of Brazil, Ecuador and Uruguay.
Cheers

Luis Villarroel
Ecuador Delegation to SCCR.

2011/11/22, Thirukumaran Balasubramaniam <thiru at keionline.org>:
>
> "The first compulsory proposal which we believe to be important to include
> within our discussion pertains to library lending. And the specific text
> reads as follows: One, it shall be permitted for a library to lend
> copyrighted works or materials protected by regulated rights for users or
> another library.
>
> Notwithstanding with the provision of the preceding paragraph any
> contracting party, Member State which expressly provides for a lending right
> might keep such right.
>
> A second exception that we consider that is important to be included is
> reproduction and distribution of copies by libraries and archives.
>
> One, it shall be permitted for a library or archive to reproduce and to
> distribute a copy of a copyrighted work or of material protected by related
> rights to a library user or another library or archive for purposes of A,
> education, B, requests by users for research or private study, C,
> interlibrary document supply.
>
> Provided that such reproduction and distribution is in accordance with
> existing international obligations among those the Berne Convention. Two,
> libraries and archives shall be permitted to reproduce and distribute a copy
> of a copyrighted work or material protected by regulated rights to a user in
> any other case without limitation or exception in national law will allow
> the user to make such copy.
>
> A third element that we consider is important to be discussed in this
> text-based work is obligation concerning technological protection measures.
>
> One, Member States or Contracting Parties should ensure that libraries and
> archives have the means to enjoy the exceptions and limitations provided in
> this instrument when technological protection measures have been applied to
> a work or other protected matter.
>
> And fourth, we also consider that it's important to include in this next
> text is a provision with regard to limitations for reliability for libraries
> and archives. The provision reads like this: A, a librarian or archivist
> acting within the scope of his or her duties shall or should be protected
> from claims from damages from criminal liability and from copyright
> infringement when the action is performed in good faith. In these cases A,
> in the belief and where there are reasonable grounds  for believing that the
> work or material protected by rights is being used as permitted within the
> scope of a limitation or exceptions and limitations in this instrument or in
> a way that is not restricted by copyright or, B, in the belief and where
> there are reasonable grounds for believing that the work for material
> protected by regulated rights is in the public domain or under an open
> content license.
>
> Finally, when a Contracting Party Member State provides for a secondary
> liability regimes libraries and archives shall or should be exempt from
> liability for the action of their users.
> These are the provisions that are included in the joint proposal. And those,
> of course, are without prejudice of all other proposals that the
> individually the Member Countries that are part of this group might present
> individually. Thank you, Mr. Chairman."
>
>
> ----------------------------------------
>
>
> Thiru Balasubramaniam
> Geneva Representative
> Knowledge Ecology International (KEI)
>
> thiru at keionline.org
>
>
>
> Tel: +41 22 791 6727
> Mobile: +41 76 508 0997
>
>
>
>
>
>
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>


-- 
Luis Villarroel
Director de Investigacion
Corporación Innovarte

Agustinas 1185 of. 88, Santiago, Chile.
Fono: 56 2 6886926




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