International Publishers Association (IPA) and the International Association of Scientific, Technical & Medical Publishers (STM) have reviewed verson 3.0 of the IFLA draft treaty ("the text"). IPA and STM strongly believe that addressing fundamental problems and progress on practical issues would require as a first step careful factual identification and analysis. Given the diversity of issues they should be systematically grouped, the underlying facts explored and then addressed, the associations have noted.
However, according to the associations, the text presented is a forgone conclusion based on an unbalanced perspective on copyright. In its current form, the text is not a constructive basis to address concerns and does not even clearly state what these might be.
In particular the text is seen to lack any factual analysis of the challenges libraries face. Instead it surmises that the problems of libraries around the world are uniform and all resolvable by an international instrument. It was noted that the text undermines the consensus achieved in recent WIPO treaties. Also, it does not allow any policy space to distinguish between different countries in different stages of development, different types of libraries and different legal traditions.
Further, the STM and the IPA note that the text fails to define what a library is and does not distinguish between different types of libraries. It unites in a single document all possible exceptions from around the world, without regard for the balance that governments carefully weigh at the national level. Some clauses venture into areas that are outside copyright law, and change fundamental legal principles of contract, common and civil law
IPA and STM recognise the important role that libraries play in providing access to literary works and complimenting the products and services offered by publishers. National libraries also perform many important public functions. In particular, in developing countries, libraries face great challenges in obtaining and making available valuable knowledge.
IPA and STM stand ready to work towards identification, analysis and solution of clearly identified problems jointly with libraries. Both the associations have set out five guiding principles that they believe should be applied in any consideration of these matters, once the factual identification and analysis has been completed.
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