Copyright Issues in Managing Libraries and Archives Jrgen

Copyright Issues in Managing Libraries and Archives Jørgen Blomqvist Director WIPO Copyright Law Division

Role of Libraries and archives • • collection preservation archiving, and dissemination of information and knowledge

Categories of Libraries • publicly or privately funded • commercial or non-profit • accessible to the general public or only to a restricted group • in strict sense or including archives, virtual libraries, museums or other information providers

Copyright Issues • Reproduction of lost, stolen or out-of-print material • Lending physical copies • Transmission of electronic material to remote patrons • Allowing patrons to make their own reproductions • Document delivery or interlibrary loan service

International treaties • Absence of a specific provision on exception for libraries and archives • Article 9 (2) of the Berne Convention as basis for limitations in national legislation, such as – reproductions for private use – research and scientific purposes – preservation purposes in libraries and archives

National Laws (I) • Japan: Article 31 of Copyright Law – non-profit making reproduction – research purposes of patron – single copy of a part of a work already made public – preservation – inter-library copies – nothing about remote transmission

National Laws (II) • Australia: Amendment 2006 Article 49 and others – non commercial copies – 3 -step test – works non-commercially available: reasonable time at an ordinary commercial price – any library accessible to members of the public – reasonable portion is 10% of the work

National Laws (III) • USA: Section 108 of Copyright Law – – – preservation, replacement and security small portion of a work non-commercial advantage profit-making libraries are excluded interlibrary loan service is restricted to the isolated and unrelated reproduction or distribution of a single copy – fair use

National Laws (IV) • Europe: 2001 Copyright Directive Article 5 (2) – not for economic or commercial advantage – Germany, Belgium, France: non explicit – Austria, Denmark, Finland, Greece, Ireland, Luxembourg, Portugal, Sweden, United Kingdom: set out specific exceptions – vary widely and remain unharmonized

Controversial issues (I) • overridibility of exceptions by contract • orphan works • duration of copyright and public domain • public lending right • non-original databases protection

Controversial issues (II) • TPM and DRMs technologies • “click-on” or “shrink wrap” licenses • digital delivery services • digital loan to remote-location users • interlibrary loans

WIPO’s work • Studies and meetings – Studies on limitations and exceptions in the digital environment – Information meetings on digital content for the visually impaired and educational uses – DRM study on distance education and visually impaired – Study on limitations and exceptions for libraries • Technical legal assistance to developing countries – needs of countries / implementation of treaties – model law on copyright and related rights • SCCR new issue. Relationships with IFLA, EBLIDA, etc.

Thank you http: //www. wipo. int/copyright