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

Thirukumaran Balasubramaniam thiru at keionline.org
Tue Nov 22 03:09:51 PST 2011

"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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