[A2k] EIFL draft law on copyright revised and updated

Teresa Hackett teresa.hackett at eifl.net
Tue Dec 2 09:02:42 PST 2014

Dear Amelia,

Thanks for your note. We do indeed know the Wittem Code, and use it in our
advice to librarians when countries are amending their laws.

The differences are mainly due to context. The EIFL document is
international in nature, being aimed in particular at EIFL-partner
developing and transition countries, that are mostly not bound by the
European acquis. (Although I note that the Wittem Code "does on occasion
deviate from the *acquis*"). Ours is much more specific about libraries.
And it has its roots in another document - the WIPO draft law on copyright
that was used by WIPO to advise developing countries. The original project
in 2009 was to improve the WIPO text that was inadequate for libraries and
TRIPS+, so we wanted our document to hue as closely as possible to the WIPO
text, but to make it better for libraries in developing countries.

That said, we're mindful of initiatives by scholars and other groups, and
of streamlining efforts whenever possible. Especially when it helps to
build coalitions across the user community.

Best wishes

On Tue, Nov 18, 2014 at 4:30 PM, Amelia Andersdotter <amelia at andersdotter.cc
> wrote:

> Dear all,
> This is just a matter of inquiry. In the European Commission summary of
> copyright consultation responses[1], the European Commission
> specifically points to many European end-consumers and private citizens
> proposing a text similar to the one presented at copyrightcode.eu[2], an
> older project by a group of legal scholars referring to themselves as
> the Wittem Group.
> Could the EIFL in its continued work on draft laws try to harmonize or
> converge with the text of coprightcode.eu? This would allow for
> end-consumers/private persons and librarians to point in approximately
> the same direction (simplicity, comprehension), while considerable
> amounts of flexibility could be introduced into the copyright framework.
> [1]
> http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/contributions/consultation-report_en.pdf
> [2] http://copyrightcode.eu/
> Best regards,
> Amelia Andersdotter
> On 11/18/14 16:32, Teresa Hackett wrote:
> > Colleagues:
> >
> > After five years, it was time to update the 2009 EIFL Draft Law on
> > Copyright in the light of legislative developments, current thinking on
> > copyright policy, and library services enabled by new technologies.
> >
> > As a result, we have amended some of the exceptions and limitations,
> while
> > introducing new provisions. We have also refreshed the layout and design
> of
> > the document.
> >
> > The EIFL Draft Law on Copyright including Model Exceptions and
> Limitations
> > for Libraries and their Users (2014) is a practical guide to assist
> > librarians, as well as their legal advisors and policy-makers, when
> > national laws are being updated. It is designed to support access to
> > knowledge and the public interest mission of libraries.
> >
> > The provisions apply fully to the digital environment, and contain
> > important measures needed for preservation, inter-library document
> supply,
> > orphan works, translations, and text and data mining, among other
> > activities. It also includes a flexible exception to 'future proof' the
> law
> > for technological advances. Each exception and limitation is accompanied
> by
> > a short explanatory note that describes the policy goal of the provision
> > and examples of its effect.
> >
> > Comments and feedback are welcome. We hope it will continue to be a
> useful
> > resource for librarians and policy-makers alike.
> >
> > Read about the EIFL draft law on copyright (2014) here,
> > http://www.eifl.net/eifl-draft-law-copyright
> >
> > Download the EIFL Draft Law on Copyright (pdf format) (2MB),
> > http://www.eifl.net/system/files/201411/eifl_draft_law_2014.pdf
> >
> > Thank you.
> > Teresa
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