[A2k] IFLA: EU favours licensing over copyright reform for libraries in latest international negotiations

Manon Ress manon.ress at keionline.org
Tue Jan 7 05:41:19 PST 2014


http://www.ifla.org/node/8268



SNIP:

*“The major disappointment for libraries at SCCR 26 has been the refusal of
the EU and Central Eastern European and Baltic States to engage
substantively in discussion of exceptions and limitations for libraries and
archives, or entertain the possibility of an instrument in this area. **While
the European Commission invites views at the regional level on the adequacy
of copyright exceptions in the digital environment, at SCCR the EU has
already made up its mind: only licensing solutions will be palatable. This
position willfully disregards the failures of the recent Licences for
Europe consultation, which demonstrated emphatically that a solely
license-based approach to new uses and technologies is not the way forward.
Libraries and archives in the EU must work together to push for a more
flexible EU position at WIPO.”*



Full text:



The 26th meeting of the Standing Committee on Copyright & Related Rights (
SCCR <http://www.wipo.int/meetings/en/topic.jsp?group_id=62>) closed just
before midnight on Friday 20th December, following five days of discussion
of copyright protections for broadcasting, exceptions and limitations for
libraries and archives, and for education.

This was the first meeting during which exceptions and limitations for
libraries and archives were discussed in depth by Member States, with two
days dedicated to going through topics in working document
SCCR/26/3<http://http/www.wipo.int/edocs/mdocs/copyright/en/sccr_26/sccr_26_3.pdf>
.



At the end of the two days, key supporters of a legally binding instrument
on copyright exceptions for libraries and archives had emerged,
particularly within GRULAC (Latin America and Caribbean countries) and the
African Group, while developed countries, like the EU and Central Eastern
European and Baltic States, expressed strong opposition to focus on this
area.



As discussions on conclusions for SCCR 26 stretched late into the evening
on December 20th, the treaty on broadcasting emerged as the preferred
priority for SCCRs in 2014 among developed countries. Nonetheless, a number
of countries, particularly Brazil, Ecuador, Venezuela, Algeria, Egypt,
India and Trinidad & Tobago, worked hard to ensure that exceptions for
libraries and archives, and for education, remained firmly on the agenda
 for discussion at SCCRs in 2014.



Recognising the importance of ongoing attention to copyright exceptions and
limitations for libraries and archives, GRULAC and the African Group
supported the convening of an intersessional meeting on this topic between
the 27th and 28th meetings of the SCCR in 2014. This proposal was endorsed
by South Africa, India and Brazil, alongside other delegations. However,
final agreement on the proposed intersessional specifically for libraries
and archives has been postponed until the 27th meeting of the SCCR.



The conclusions reached with respect to libraries and archives indicate the
SCCR continues to work towards submitting recommendations on limitations
and exceptions for these sectors to the General Assembly by the 28th
session of the SCCR (July 2014). You can read conclusions in full on the
topic of libraries and archives from SCCR 26
here<http://www.wipo.int/edocs/mdocs/copyright/en/sccr_26/sccr_26_conclusions.pdf>
.



The major disappointment for libraries at SCCR 26 has been the refusal of
the EU and Central Eastern European and Baltic States to engage
substantively in discussion of exceptions and limitations for libraries and
archives, or entertain the possibility of an instrument in this area. While
the European Commission invites views at the regional level on the adequacy
of copyright exceptions in the digital environment, at SCCR the EU has
already made up its mind: only licensing solutions will be palatable. This
position willfully disregards the failures of the recent Licences for
Europe consultation, which demonstrated emphatically that a solely
license-based approach to new uses and technologies is not the way forward.
Libraries and archives in the EU must work together to push for a more
flexible EU position at WIPO.



The United States also expressed support for the inclusion of licensing on
the SCCR’s agenda at future meetings.



While IFLA is disappointed to see broadcasting take precedence in 2014 over
exceptions and limitations for libraries and archives, library delegations
will be working hard with their regional communities to produce effective
and targeted information to assist negotiations, and advocate at the
national level.



IFLA’s statement on copyright exceptions and limitations for libraries made
during SCCR 26 is available here <http://www.ifla.org/node/8248>.



See also IFLA/EIFL/Innovarte/Karisma Foundation/SAA/ICA/CLA Joint
Statement: Why Modern Society needs a Copyright Instrument for Libraries
and Archives <http://www.ifla.org/node/8239> (with Spanish translation
added).





Ellen Broad

Manager, Digital Projects and Policy

International Federation of Library Associations and Institutions (IFLA)

P.O. Box 95312
2509 CH The Hague
Netherlands



Phone: 0031703140884

Twitter: @ellenbroad



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