EIFL-IP Copyright and libraries

what’s new?

EIFL General AssemblyIstanbul, Turkey

11 November 2014

Teresa Hackett

Programme Manager EIFL-IP

Overview

• Why copyright matters to libraries

• International developments: VIPs

• International developments: libraries

• National developments on copyright law

• Workplan 2015

• Launch of updated EIFL draft copyright law (2014)

Copyright matters to

libraries

• Copyright law controls the ownership and distribution of written and recorded knowledge

• Role of libraries is to provide people with access to information and knowledge

Copyright affects library activities

and services,

such as…

• Acquisition of materials - availability and price of books, right to purchase books from abroad

• Right to lend

• Right to preserve cultural heritage

• Providing accessible format copies to people with disabilities

International developments: VIPs

• What? June 2013: WIPO Member States adopted the Marrakesh

Treaty to create an international legal framework to enable the cross-

border sharing of accessible materials

• How? Created mandatory copyright exceptions for accessible

formats, and for sending & receiving copies across borders

• Why? To solve the ‘book famine’:only between 1%-7% published works

available in accessible formats

The Marrakesh Treaty -

removing copyright barriers for person with print

disabilities

International developments: VIPs

The Marrakesh Treaty - one+ year on

India (June 2014) El Salvador (Oct 2014) UAE (Oct 2014)

Treaty enters into force when 20 countries have ratified

3 ratifications

International developments: VIPs

The Marrakesh Treaty - one+ year on

Phase 1Adopt a Treaty

Phase 3implementation into

national law

Books into the hands of blind people

Binding international legal framework in place

National laws in place

Phase 2Treaty enters

into force

International developments: VIPs

• Supporting projects in Mongolia and

Senegal to lead the ratification campaign

• Following process in Ghana and Uganda with

WBU

• Inaugural meeting of stakeholder group in

Ghana, March 2014

• Coming soon: The Marrakesh Treaty: an EIFL Guide for

Libraries - background, main treaty provisions, role of libraries

and recommendations for implementation

• French and Russian translations

The Marrakesh Treaty: what is EIFL doing?

International developments: libraries

A year of highs and lows at WIPO

Goal

• progress discussion on limitations and exceptions for

libraries and archives at the copyright committee (SCCR)

made a strong case for libraries

cemented support from key, friendly countries

• secure a General Assembly (GA) mandate on a work

programme

SCCR twice failed to reach agreement on its conclusions

no GA agreement on copyright, traditional knowledge,

diplomatic conference on a design law treaty, WIPO external

offices

International developments: libraries

A year of highs and lows at WIPO

Standing Committee on Copyright and

Related Rights (SCCR)

June 2014: Inta Mikluna, EIFL-IP Latvia

April 2014: T. Hackett & B. Szczepanska, EIFL-IP Poland

•11 library and archives organizations from

Africa, Australia, Canada, Europe, Latin America, US

• 2 lunchtime events ‘Tunis Model Law on Copyright’and ‘Information Without Borders’

• 21 interventions

• concrete examples and evidence to illustrate the scale and cross-

border nature of the problem (copies of statements)

International developments: libraries

A year of highs and lows at WIPO

EU (supported by Central European and Baltic States) caused the

meeting to collapse:

• tense stand-off with the African Group, the Group of Latin

American and Caribbean Countries (GRULAC), Brazil, India, Iran

and Uruguay

• protest letter from 65 library, archive and

research organizations asking the EU to engage

constructively in discussions

Next session: SCCR/29 8-12 December 2014 EIFL x 3

(TH, BS, Hasmik Galstyan, EIFL-IP Armenia)

International developments: libraries

A year of highs and lows at WIPO

WIPO General Assembly: Worst ever?

‘deadlocks on a half dozen significant issues, and an ugly

North South divide… Going forward, delegates will have to

assess how to get work done in a multilateral forum, at a

time when corporate lobbyists for publishers, drug

companies and other patent holders want to shift norm

setting to secret bilateral and regional trade agreements,

dominated by the US or the EU’.

Knowledge Ecology International

SCCR/29 Presentation of updated study

• Review of library provisions in

copyright laws that have changed

since 2008

• National resource: state-of-the-art

survey of library provisions

• International resource: overview of

how copyright law is or is not

responding to changing library needs

National copyright developments

EIFL partner countries: copyright reviews in progress or opportunities for review (1/2)

• Estonia: European orphan works (OW) directive enacted on 30 Oct 2014 (Status of OW directive for EU trade agreements?)

• Poland: Draft copyright law published introducing Public Lending Right (PLR) and OW - library suggestions were heard

• EU: March 2014 public consultation on the review of the EU copyright rules- EIFL submitted a 7-point plan for digital library services

• Armenia: draft law expected end of 2014 - public consultation

• Myanmar: intervening in copyright review process

National copyright developments

EIFL partner countries: copyright reviews in progress or opportunities for review (2/2)

• Kyrgyzstan: proposal OER licences; reviewing copyright law for

compliance with library needs + plan intervention

• Serbia: amended 2011 & 2012; reviewing law, CC legal lead

• China: July 2014, public consultation?

• Mongolia: presented proposals to copyright office/EIFL

• Kenya, Palestine, Malawi - EIFL analysis

• Uzbekistan, Senegal – projects

• Any others?

Workplan 2015

• Focus on national work: identify EIFL partner countries with inadequate exceptions

• Pro-actively provide assistance to advocate for user rights directly to policy-makers and with support from local activists

• Support national implementation of the Marrakesh Treaty

• Advocate at WIPO for a library treaty

• Hold up to 6 webinars

Launch of updated

EIFL

draft copyright law

(2014)

• New provisions for libraries to

purchase and lend e-books

• Preservation of websites

• Text and data mining

• Flexible, fair dealing provision

• Refreshed the design

Webinar, 4 December 2014

Thank you

EIFL-IP Programme Manager

Teresa Hackett

<teresa.hackett@eifl.net>

International developments: VIPs

The Marrakesh Treaty - one+ year on

1. Open for signature for one year

- sign of goodwill

2. Ratification (accession) -

agrees to be bound by the Treaty

3. Treaty enters into force -

become binding on signatories

Process:

International developments: VIPs

Bosnia & Herzegovina, Cambodia,

Cameroon, China, Ethiopia, Ghana,

Kenya, Lithuania, Mali, Mongolia,

Mozambique, Namibia, Nepal,

Nigeria, Moldova, Poland, Senegal,

Slovenia, Sudan, Syria, Uganda,

Zimbabwe.

Poland, 24 June 2014

© WIPO 2013. Photo: Emmanuel Berrod

EIFL partner countries that signed

the Marrakesh Treaty by the

deadline:

The Marrakesh Treaty - one+ year on