Tag Archives: #Copyright4Libraries

The 10-Minute Library Advocate #12: Care about Copyright

The 10-Minute Library Advocate Number 12: Care about Copyright

Laws matter for libraries.

They can ensure that local governments have an obligation to run a library. They can decide whether libraries can give internet access or offer services. They can determine what libraries can do with their collections.

The right rules are essential for libraries to support research and education, to preserve, to lend books.

Clearly understanding copyright takes more than 10 minutes.

But as an important area for advocacy – especially if your laws now aren’t good enough – so it’s useful to know what the laws are.

So, and in the week of the World Intellectual Property Organisation’s (WIPO) Standing Committee on Copyright and Related Rights, our twelfth 10-Minute Library Advocate Exercise is to find the library provisions in your national copyright law.

Fortunately, you can do this in 10 minutes, thanks to a WIPO Report. This give an overview of what your law says about libraries. You can also look at what other countries do.

Does anything stand out for you? Do you see any problems? Any opportunities?

Good luck!

See the introduction and previous posts in our 10-Minute Library Advocate series and join the discussion in social media using the #EveryLibrarianAnAdvocate hashtag!

Getting the Right Measures: How Copyright Exceptions and Limitations are an Essential Ingredient for Successful Library Systems

In any recipe, you cannot just substitute one ingredient with more of another.

If you try to make a cake only with flour and milk, you get wallpaper paste. One made only of egg is a soufflé.

The same goes libraries and their work to support education, innovation and culture. A variety of ingredients is necessary, in the right proportions.

What ingredients are necessary for a flourishing library system?

Clearly nothing happens without investment. Libraries provide a public service, and have to be funded as such, with money for the space, resources and services their users need. It is increasingly clear that an open, high-quality internet connection is also essential.

They can also need other laws – for example those that give them a formal status, that allow them to acquire and keep books, or those that give them the responsibility to serve particular user groups, such as children or people with disabilities.

And of course they also benefit from a strong local publishing industry. In many countries, this is supported through grants to local authors and publishers, tax breaks, or subsidies for key infrastructure.

Without these, they cannot fulfil their missions.

Today’s creative economy is largely structured around copyright, which allows works – books, songs, images – to be treated like investment goods. This enables a certain business model which funnels resources from buyers to creators, allowing them to create their next work.

While movements such as Open Access rely less on copyright (the user does not need to pay for the right to read or use a work), it is still a fact of life, and libraries spend around $30bn a year on copyrighted works.

Without a major upheaval, copyright (or at least the purchase of rights from authors or other rightholders) seems likely to remain at the heart of the creative economy, and so the main way by which libraries can provide access to works for their users.

Exceptions and limitations are also necessary, firstly in order to cover uses which the market would not allow. For example, there is little if any commercial value in taking copies for preservation purposes.

The same goes for copying individual pages or chapters, or for using works for purposes which fall outside of normal market uses – for example showing a newspaper article in a media-literacy course, or taking copies for insurance purposes. This is particularly true for works which are simply not on sale at all, but still covered by copyright.

Secondly, they also help correct the excesses that monopoly powers can bring. The reason why monopolies in other areas are regulated is because otherwise they tend to lead to under-supply and over-pricing.

Libraries, thanks to exceptions and limitations, are able to ensure that everyone – and not just those with enough money to buy works themselves – are able to enjoy access to culture, innovation and education.

Of course these uses, under exceptions and limitations, cannot replace markets. Indeed, this would not even be possible under international law. At the same time, neither rights, nor spending, nor other laws can remove the need for exceptions and limitations themselves.

In the case of ongoing discussions about how to build stronger library systems around the world, both at the global and national levels, this remains a key point to remember. To succeed, we need a mixture of all approaches.

Read more about IFLA’s work at the World Intellectual Property Organisation to improve limitations and exceptions for libraries worldwide. Follow the livestream on the WIPO website.

Where Fair Use and Fair Dealing is Being Fought For

A Global Movement: Where are librarians calling for fair flexibilities to serve users better?

This week is Fair Use/Fair Dealing Week. It’s an opportunity to look at where librarians around the world are involved in efforts to defend and promote Fair Use and Fair Dealing.

They are doing this because copyright rules that give librarians the space to adapt and update their practice make it easier to fulfill libraries’ mission to preserve and give access to information.

Therefore, while IFLA is directly involved in calling for reform at the global level, we also engage with our members at national level to promote positive legislative change. The goal – to promote exceptions and limitations that give libraries flexibility, but at the same time do not cause unreasonable harm to rightholders.

Fair use and fair dealing are a great example of provisions that bring this needed flexibility to copyright law. Here’s some places where they are or have been under discussion recently:

Canada

In 2012, a copyright reform expanded the Canadian fair dealing provision to also apply to educational purposes.

Coming in the middle of a trend towards greater use of digital materials, and falling photocopying volumes, this has been blamed for the difficulties faced by some publishers. The decision of some to stop paying fees for photocopying has certainly led to a fall in income for the relevant collecting society, although the jury is out on the overall impact on rightholders. Indeed, university libraries themselves are paying more and more for content, which is increasingly digital.

It is therefore unlikely that the fair dealing reform is to blame for a net drop of revenues in the publishing sector, or that flexibilities in copyright per se should be understood as a threat. An ongoing review of the 2012 reform will hopefully shed more light on the issue, and underline rather the positives for Canada’s education sector.

South Africa

South Africa’s copyright reform is close to an end, and if adopted as it currently stands, will represent a significant improvement for the library sector.

While South Africa has had fair dealing for many years, the copyright reform looks to introduce a full fair use exception. This consists on a non-exhaustive list of uses (research, criticism, reporting current events, teaching, comment, parody, preservation, etc.) for which uses can be deemed fair, as part of a four-factor test that is close to the US model.

While there are many other relevant provisions in the Bill, there has been a lot of controversy over this proposal, including extensive mischaracterisation of what it would mean. The library sector has repeatedly had to bring arguments to the table to rebut myths about fair dealing.

Australia

The Australian government is going through a period of copyright reform, and welcomed submissions in 2018. The country currently has fair dealing, with a closed list of activities where activities can be considered fair. Librarians have advocated for a change to fair use, or at least a longer list of permissible activities, including text and data mining, library archive and use, and certain educational uses. At the same time, the publishing sector argues that fair use would be undesirable. The Australian Productivity Commission, which carries out economic assessments of the benefits and costs of reforms, has spoken strongly in favour of fair use as an approach.

New Zealand

The New Zealand government announced a copyright review in 2018. As in Australia, New Zealand currently has a fair dealing provisions and specific exceptions, limited to the purposes of criticism, news reporting and research.

It is likely that there will be controversy around the fair dealing provisions, including resistance from established rightholders to making copyright flexible at all, and encouragement from groups representing users to expand it or turn it into a fair use provision with no prescribed activities. The call for comments is still open, and we wait to see what will come of this.

Singapore

Singapore is a currently fair dealing country, although it already allows a wide variety of purposes to be classed as ‘fair’. Nonetheless, change is on the way, following a consultation two years ago, and a recent set of proposals for further form, including a shift to full fair use. The proposals also contain some very positive library provisions, with exceptions that would make it possible for our institutions to continue providing a public interest service, now in the digital age.

Here too, there is likely to be opposition to the idea of more flexible copyright. Draft legislation is expected later in 2019, with further possibilities for comment.

United Kingdom

The United Kingdom has been influential as the origin of the fair dealing doctrine and has continued to innovate in recent years. In 2013, for example, it made it clear that text and data mining could fall under a research exception, and ensured that copyright exceptions and limitations are protected from contract override.

With Brexit underway, the UK Intellectual Property Office is looking at adjusting the copyright framework to the political changes. For that purpose, and among other things, a consultation is underway, currently with an open call for evidence.

The consultation focuses on three topics: the archive exception; other copyright exceptions, including research and private study, text and data mining (TDM), education, quotation, and parody, caricature and pastiche; and, extended collective licensing and orphan works. For now, at least, fair use does not seem to be on the table, although if there is a break away from EU law, there could be possibilities to promote it.

As the Crews report shows, there’s several other countries where either fair use or fair dealing exists, for instance Israel, Republic of Korea, Sri Lanka, the United States, Bangladesh[1], the Philippines or the Republic of Korea. IFLA continues to monitor legislation here, and elsewhere, in order to give libraries the best possible legal framework for achieving their missions.

For more detail in these and other copyright reforms, check our copyright database and feel free to add comments for any updates you have.

[1] The fair use of certain works for private study or private use including research is not an infringement

Copyright for libraries in 2019: What’s on the Agenda? Part 1

Today is the first day of Copyright Week 2019!

Copyright week is an initiative launched by the Electronic Frontier Foundation (EFF) in order to highlight key issues around copyright. Every day, various groups, all defenders of a copyright framework that promotes creativity and innovation, look into specific copyright policy matters.

Of course this includes IFLA! Given the central role that copyright plays in libraries’ work, we will be participating by posting a blog post a day. We encourage librarians around the world to do the same by writing and tweeting about #Copyright4Libraries.

This first blog of the week looks at what is coming up in 2019 in copyright around the world with a potential impact for libraries. We have gathered information thanks to the IFLA Advisory Committee on Copyright and other Legal Matters and its network. We’ll be following the same model as last year, when we published a first blog focusing on legislation, and a second one on wider trends.

Being aware of ongoing copyright reforms is relevant for the advocacy efforts of libraries nationally, regionally and internationally at the World Intellectual Property Organisation.

By mapping what is going on, we are better able to provide support to our members in local copyright reforms, and to get a general view of policy trends. We hope that it will also support other advocacy efforts by librarians in all regions of the world. All the information you’ll see below is gathered in an online document, available here. Comments and additional information are very welcome – either contact ariadna.matas[at]ifla.org, or leave your ideas below.

You may also be interested in this blog post that we posted before the end of 2018. It looks at what happened throughout 2018 and what copyright reforms were finalized. Marrakesh implementation efforts are not included in this overview, but you can check our regularly-updated tables on that matter, available here.

And from there, we start with what is coming up in the following months:

Africa

Botswana

There is a 2018 copyright review extended to several sectors including libraries.

Kenya

A Copyright amendment Bill was introduced in 2017. The main areas of the amendments proposed by the Copyright (Amendment) Bill are the following:

Computer Programs, captured within fair dealing;
Circumvention of Technological Protection measures, now a possibility in limited situations;
Exceptions for reproduction of works in formats accessible specifically by the visually impaired or otherwise disabled (Marrakesh Treaty);
Introduction of artist resale rights and the provision for visual artists to form CMO’s;
Collection of royalties by the Kenya Revenue Authority of imports of audio recording equipment and accessories (has elicited much debate);
Protection now availed for the rights of a producer of sound recordings;
Introduction of circumstances affording protection of ISP’s against infringement;
Introduction of corporate liability for infringement;
Mechanisms for investigation of CMO’s and actions against board members.

Sources: http://www.eifl.net/news/eifl-and-klisc-comment-kenya-isp-liability-proposals; https://www.musicinafrica.net/sites/default/files/attachments/article/201801/copyrightamendmentbill2017no33.pdf.

Namibia

The government has announced its intention to review the current copyright legislation and is welcoming inputs

Nigeria

The Nigerian copyright bill was approved by the Cabinet and is now before Parliament.

Source: www.copyright.gov.ng/index.php/public-notice/item/268-nigerian-copyright-reform-review-of-the-copyright-act-cap-c28-laws-of-the-federation-of-nigeria-2004

IFLA will be submitting comments once the official approved Bill is available online.

Uganda

The Uganda Law Reform Commission is working on a draft document. It appears like the draft is still closed to the public for discussion.

Asia-Pacific

Australia

A consultation paper was released in March. It looked mainly at flexible exceptions, access to orphan works and contracting out of copyright exceptions.

Source: https://www.communications.gov.au/have-your-say/copyright-modernisation-consultation

IFLA’s full submission is available here: https://www.ifla.org/files/assets/clm/submission_international_federation_library_associations_and_institutions_ifla.pdf

The Australian LIbraries Copyright Committee’s submission is available here http://libcopyright.org.au/our-work/submission/alcc-submission-copyright-modernisation-consultation.

Myanmar

A draft law was published in 2015, and the current status is unclear. There are provisions on foreign protection, and also some regarding libraries and education.

Source: www.eifl.net/news/getting-ready-myanmars-new-copyright-system; www.eifl.net/eifl-in-action/copyright-reform-myanmar

New Zealand

The review of New Zealand copyright law continues, with news of Google visits to the country to undertake lobbying. A coverage in Stuff suggests efforts by the company to gain legal recognition for its upload filtering technologies (as may happen in Europe). We are waiting on further updates on legislation, as well as on Marrakesh Ratification, which is also under discussion.

Source: https://www.stuff.co.nz/business/industries/105892772/google-and-rights-holders-battle-over-copyright-reform

Singapore

There was a first public consultation in October 2016 with 16 proposals, and a second one in May 2017. It is a broad reform, with some steps for libraries and archives: expiry date for copyright protection of unpublished works, use of orphan works, educational exceptions to reflect digital education, facilitating the work of libraries and archives, museums and galleries, provisions for print-disabled users, among others. Text and data mining is also on the table.

Europe

European Union

The Commission proposed a Draft Directive for copyright in the Digital Single Market in 2016. Discussions are ongoing between the Commission, the Parliament and the Council, but close to being finalized. Preliminary agreements have been reached on several exceptions and limitations and on the out of commerce works provisions.

Reviews of the Orphan Works Directive and Collective Rights Management Directives are also due, but there is no indication of when these may be launched

Sources:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016PC0593

Position papers by IFLA available here: https://www.ifla.org/publications/node/91774

Armenia

The new draft copyright law, published in 2017, was expected to be completed by the end of 2018. It contains provisions for libraries, archives & education, and orphan works.

Source: www.eifl.net/eifl-in-action/copyright-reform-armenia

Estonia

The potentially broad copyright reform is on hold, while waiting for EU legislation on copyright to pass.

Israel

Israel has recently passed legislation on orphan works which would create welcome new possibilities for libraries, subject to reasonable diligence in a search for rightholders.

Switzerland

The copyright working group reached an agreement on various issues related to the modernisation of copyright law in March 2017. The Bill should contain provisions with regards to orphan works, cataloguing, extended collective licensing, secondary right of publication, and implement the Beijing and the Marrakesh treaties.

Sources: https://www.ige.ch/en/law-and-policy/national-ip-law/copyright-law/archive/agur12.html; https://www.ejpd.admin.ch/dam/data/ejpd/aktuell/news/2017/2017-11-22/medienrohstoff-f.pdf

Ukraine

Jan 2018, amendments were approved by the Cabinet of Ministers. There was an impact assessment on balanced goals; allow use of online licenses, freedom of panorama, orphan works and Marrakesh treaty provisions.

Latin America and the Caribbean

Argentina

There was a green paper proposal made to stakeholders with a meeting in December 2016. A public consultation process was open in March 2017 to reform the copyright law. Broad proposals, including on reprographics, preservation, document supply and Marrakesh. Consultations are still ongoing.

Sources: https://www.vialibre.org.ar/wp-content/uploads/2017/07/2017.03.Propuestas-para-una-actualizaci%C3%B3n-de-la-Ley-11723.Documento.Oficial.DNDA_.pdf

Green paper readout: http://www.ip-watch.org/2017/02/17/argentinian-copyright-office-proposes-add-exceptions-limitations-copyright-act/.

Open discussion forum on proposals to modify the law, in platform of justice: https://www.justicia2020.gob.ar/; http://laijle.alacde.org/cgi/viewcontent.cgi?article=1036&context=journal; http://revistaacc.econ.uba.ar/entrevista.php?n=YaeV

Brazil

There was some talk of a review in 2017, and the decree supporting a move towards passing legislation necessary to implement Marrakesh was signed. This could also be an opportunity for further changes in a country that currently has no exceptions and limitations for libraries.

Chile

We received news on discussions around open access to publicly funded research at Congress in 2018.

Uruguay

The copyright bill contains a large number of exceptions (first in Uruguay): for the communication to the public, distribution, interpretation, execution, translation or adaptation of works by educational and research institutions; for reproductions of short extracts of works by educational institutions; for the reproduction of works for an analysis through computer means; for reproductions for preservations or to replace a work by cultural heritage institutions; for the public lending of works, exception for translations by cultural heritage institutions; and for the use of orphan works. The dossier is pending for discussion at the Comisión de Educación y Cultura de la Cámara de Representantes.

Sources: position by the Library Association of Uruguay: http://www.abu.net.uy/tag/derechos-de-autor/ and an update from Creative Commons Uruguay http://www.creativecommons.uy/tag/reforma-del-derecho-de-autor/

IFLA has written to encourage progress.

North America

Canada

The Canadian government launched a copyright review in December 2017. There will most likely be discussions on fair dealing and on the so-called “value gap”. Throughout 2018, the Canadian Parliament continues to carry out its review of the country’s copyright laws, taking evidence from different sides of the debate. Libraries are arguing for the current fair dealing provisions to be safeguarded, as well as engaging in discussions around copyright and indigenous knowledge, technological protection measures, and contract override. In parallel, legal processes involving Canadian universities, education ministries and the reprographic rights collecting society Access Copyright continue, as does a review of how copyright royalties are defined. You can read more on the pages of the Canadian Association of Research Libraries and the Canadian Federation of Library Associations. Results of the review are expected towards the middle of next year and will inform policy choices made by whoever wins the elections due in October 2019.

Sources: http://www.ourcommons.ca/Committees/en/INDU/StudyActivity?studyActivityId=9897131; http://www.carl-abrc.ca/influencing-policy/copyright/2018-review-of-the-copyright-act/; http://cfla-fcab.ca/fr/copyright/

IFLA submitted comments in October 2018: https://www.ifla.org/node/82020.

Library/university institutions submitted comments, for instance: CFLA-FCAB http://www.ourcommons.ca/Content/Committee/421/INDU/Brief/BR9921734/br-external/CanadianFederationOfLibraryAssociations-e.pdf; Universities Canada http://www.ourcommons.ca/Content/Committee/421/INDU/Brief/BR10002433/br-external/UniversitiesCanada-e.pdf; or the Canadian Association of Research Libraries http://www.carl-abrc.ca/wp-content/uploads/2018/08/CARL_brief_to_INDU_copyright_en.pdf.

United States

Discussions continue around whether the Register of Copyrights (Head of the US Copyright Office) should be a presidential appointment, or rather hired by the Librarian of Congress. The issue was not decided by the previous Congress.

Sources: https://americanlibrariesmagazine.org/blogs/the-scoop/keep-copyright-office-in-library-of-congress/, https://www.congress.gov/bill/115th-congress/senate-bill/1010?r=86

Trade Agreements

EU-Mercosur

The EU is currently negotiating a trade agreement with the four founding members of Mercosur (Argentina, Brazil, Paraguay, and Uruguay). The first negotiation round took place on 11 May 2016, followed by a negotiation round in October 2016. The chapter on intellectual property rights contains some worrying provisions: art. 4.7 sets the term of protection of a literary or artistic work in death+70 years (some of the parties have a shorter term), and art. 4.11 mandates the provision of adequate legal protection against the circumvention of TPMs. There is very little reference to exceptions and limitations (art. 4.10, which only adds temporary reproductions which are part of technological processes). A later version was leaked by Greenpeace. It contains some slight changes on the topic of exceptions and limitations. has a list of mandatory exceptions and limitations (art. 9.9.1): criticism, comment, news reporting, teaching, research, and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled, and a provision recognising their cross-border effect (9.9.2), both proposals by the Mercosur countries.

Resources: https://trade-leaks.org/mercosur-leaks/intellectual-property-rights-3/.

EU-Japan

The EU-Japan Free Trade Agreement, signed in July, contains a chapter on intellectual property. The agreement is expected to become effective as soon as 1 February 2019. It includes the following provisions relevant to libraries:

An encouragement to both sides to ratify the Marrakesh Treaty (this should be achieved by next year) (14.4.3(f))
Encouragement to raise awareness about the protection of intellectual property (although there is a reference to the use of IP) (14.7)
Exclusive Rights (14.8):
- Reproduction, in whole or in part, in any form or by any means (for authors)
- Distribution, by sale or otherwise (but the details of exhaustion/first sale are left to the parties) (for authors)
- Communication to the public (for authors)
- To note that there are also fixation and post-fixation rights for broadcasters (14.11)
- Term of protection set at life+70 for authors, and 70 years from creation for works by moral persons (14.13)
Limitations and Exceptions (14.14)
- Each Party may provide for limitations or exceptions to the rights set out in Articles 14.8 to 14.12 only in certain special cases which neither conflict with a normal exploitation of the subject matter nor unreasonably prejudice the legitimate interests of the right holders, in accordance with the conventions and international agreements to which it is party.
Resale Right (14.15)
- There is to be an exchange of views on this
Collective Management (14.16)
- The agreement promotes cooperation, transparency, and non-discrimination
Public Domain (14.17)
- At least works that are already in the public domain are not going to be brought back under copyright.

Regional Comprehensive Economic Partnership (RECP)

RCEP is a free trade agreement between the ten member states of the Association of Southeast Asian Nations – ASEAN (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam) and the six states with which ASEAN has existing free trade agreements (Australia, China, India, Japan, South Korea and New Zealand). The chapter on intellectual property (not sure it is the right document) has been strongly criticised. It only contains a provision on exceptions and limitations similar to the three-step-test, a provision forbidding the circumvention of TPMs, and a provision on the transparency and accountability of CMOs, among a few others.

Resources: Status of the RCEP Negotiations (as at November 2018) in the Australian Government’s webpage: https://dfat.gov.au/trade/agreements/negotiations/rcep/news/Pages/joint-leaders-statement-on-the-rcep-negotiations-14-november-2018-singapore.aspx

EU-Australia

Negotiations have opened on a trade deal between the European Union and Australia. A blog from Rita Matulionyte at the University of Newcastle, Australia, explores the potential impact on copyright, suggesting that the EU is unlikely to have much to ask for beyond the concessions Australia already made as part of its trade deal with the United States. The main area is likely to be platforms where, the blog suggests, the EU may both push for extension of safe harbour provisions to commercial operators, but also application of whatever rules on upload filtering come out of the current copyright reforms within the blog.

Resources: http://copyrightblog.kluweriplaw.com/2018/08/02/future-eu-australia-fta-copyright-expect-ip-chapter/

This week, tweet about #Copyright4Libraries: join our efforts at WIPO remotely

IFLA representatives are currently in Geneva at the World Intellectual Property Organisation (WIPO). They will take part in week of international discussions about copyright, alongside representatives of many of the United Nations Member States. There will be a particular focus on exceptions and limitations to copyright for libraries.

This, the 37^th meeting of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), will offer an important opportunity to shape actions planned around exceptions and limitations. After talks about broadcasting on the first two days of the meeting, Wednesday 28 November is likely to be the day where they focus on libraries. Member states are exploring what our institutions need to do their jobs, and how to move forwards.

We expect to hear Member States take positions on the topic, as well as receive presentations by renowned scholars to illustrate the issues. You can follow the discussion live here: http://www.wipo.int/webcasting/en/.

We published a call for action ahead of the meeting, but more can be done now: let your government representatives know that their citizens, and the libraries that serve them, care about the outcomes of the discussions. Ask them to support progress at the international level.

Post on social media using the hashtag #Copyright4Libraries.

Here are some examples of tweets or posts on other social media platforms:

Librarians in [country] need better #Copyright4Libraries, and exceptions and limitations are key to ensure this. We call upon our government @[twitter handle of the country’s copyright office] to support us at @WIPO #SCCR37

Cultural cross-border cooperation needs an international set of exceptions and limitations to #Copyright4Libraries. We call upon our government @[twitter handle of the country’s copyright office] to support us at @WIPO #SCCR37

Librarians shouldn’t have to face legal challenges for lending books and preserving our heritage. We call upon our government @[twitter handle of the country’s copyright office] to support progress on the topic of #Copyright4Libraries at @WIPO #SCCR37

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Here’s an overview of positive things that WIPO member states said about libraries at the last meeting.

For a clear idea of what can come out of SCCR, it is the body that adopted the Marrakesh Treaty. This international instrument is proving to be very successful and it has been ratified faster than any other treaty in WIPO’s history.