panel 6 the value of copyright exceptions and limitations in the information society why exceptions...

Panel 6The Value of Copyright Exceptions and Limitations in the Information Society

Why Exceptions and Limitations are Important for Libraries and

DevelopmentEmilija Banionyte

emilija.banionyte@vpu.lt

Outline

• About eIFL.net and eIFL-IP• Why exceptions and limitations are

important for libraries and development

• Proposal by eIFL.net for basic, draft provisons on copyright

eIFL.netGlobal coalition of 48 national library consortia

in transition and developing countries

•Middle East and North Africa•South-East Asia•Sub-saharan Africa•Former Soviet Union•Balkans•EU

eIFL.net offers 6 programs• Negotiating access to commercially available e-

resources• Supporting the creation of sustainable national

library consortia• Knowledge sharing and networking• Promoting and advocating for free online

availability of research literature (Open Access)• Free and Open Source Software (FOSS) for

libraries• Advocacy for Access to Knowledge: copyright

and libraries

eIFL-IP Advocacy for Access to Knowledge:

copyright and libraries• goal to protect and promote interests of

libraries and their users;• network of library copyright specialists;• training and build capacity in copyright

issues for libraries;• advocate for balanced national and

international copyright laws.

Why exceptions and limitations are important

for libraries and development ?

• The role and mission of libraries is to collect, organise, preserve and make available the world’s cultural and scientific herritage for current and future generations

• without exceptions and limitations, copyright owners would have a complete monopoly over access to copyrighted materials

• without E&L every reproduction and every communication to the public would be subject to permission and payment

• this is impractical both for libraries and their users and would threaten the core functioning of libraries

• librarians insist on continued applicability of E&L in the digital environment

• international treaties contain flexibilities, yet they are not always used by developing countries (study by Consumers International, 2006)

• copyright laws of some developing countries are more restrictive than the copyright laws of industrialised countries

• without access to information and knowledge education and training will be impossible in poor countries thus leaving these countries even further behind.

Absolute minimum provisions are:

• private purposes and research; • translations and quotations;• educational activities, especially in the electronic learning environment e.g. electronic course packs;• libraries including backup and preservation, inter-library document supply;• provision for orphaned works;• contracts and TPMs must not override copyright

Proposal by eIFL.net for basic, draft provisons on copyright

• practical guide aimed at government policy makers

• advocacy tool for librarians to initiate dialogue with their copyright officials

• benchmark against which provisions in national copyright law can be measured

Our focus on:

• free uses only (E&L that are permitted by law)

• basic, minimum provisions only (countries may adopt as many exceptions and limitations as they need)

Work is in progress, will be published in October 2008 and freely available at www.eifl.net