The Electronic Information for Libraries (EIFL) has welcomed the launch of a new toolkit by the World Intellectual Property Organization (WIPO), designed to guide national legislators in crafting copyright provisions that empower libraries, archives, and museums to preserve valuable cultural assets. This essential resource was unveiled in both online and in-person sessions at an international seminar held in Bogotá, Colombia, on September 2-3, 2024.
The WIPO Toolkit on Preservation, now available in six languages—Arabic, Chinese, English, French, Russian, and Spanish—aims to address the urgent need for robust copyright exceptions that enable cultural heritage institutions to safeguard documents, films, and other national treasures against potential loss or damage.
The importance of this toolkit cannot be overstated. Studies conducted by WIPO have highlighted significant gaps in the copyright laws of many countries, which often lack the necessary provisions to support effective preservation. The 2021 fire at the University of Cape Town, which resulted in the irreversible loss of a portion of Africa’s cultural history due to the absence of digital backups constrained by copyright limitations, is a poignant example of the critical need for change.
EIFL, alongside other stakeholders, actively participated in the drafting of the toolkit, which is seen as a major advancement in promoting modern copyright exceptions tailored to the needs of preservation. The toolkit offers practical guidance for copyright officials and cultural heritage professionals on creating exceptions that leverage 21st-century digital technology for the preservation of materials held in library and archival collections.
A key focus of the toolkit is the concept of anticipatory preservation—proactively safeguarding materials before any deterioration occurs. This approach is vital for addressing the myriad threats faced by cultural heritage collections, including climate change-induced disasters like fires and floods, as well as the illicit trafficking of cultural property.
The 38-page document outlines the essential components of effective preservation programs, including the need for copyright exceptions that allow the creation of preservation copies. It also delves into the rationale behind these exceptions, examining factors such as format neutrality, proactive preservation, and the benefits of cooperative preservation initiatives.
While the toolkit comprehensively addresses the issue of creating preservation copies, EIFL has noted that it does not yet tackle the equally important matter of granting access to these copies. EIFL expressed some disappointment at the decision to separate copying from access, emphasizing that preserved works are meant to be used. However, the organization is pleased to note that work is already underway on a follow-up toolkit that will focus on providing access to preservation copies.
The toolkit is part of broader discussions on Limitations and Exceptions (L&Es) for libraries and archives within WIPO's Standing Committee on Copyright and Related Rights (SCCR). EIFL has been a strong advocate for advancing preservation exceptions within this context. The idea to develop such
toolkits emerged from WIPO Regional Seminars and an International Conference on L&Es held in Geneva in 2019, where preservation was identified as a priority topic. This led to the inclusion of preservation as a key area in a new work program on L&Es adopted by the Committee in 2023.
The toolkit was launched in Bogotá in collaboration with the National Directorate of Copyright in Colombia at the International Seminar titled "Safeguarding Cultural Heritage in Libraries, Archives, and Museums through Copyright Law."
As the preservation toolkit begins to be implemented, EIFL and its partners will continue to advocate for the necessary legal frameworks to ensure that the world’s cultural heritage is not only preserved but also made accessible for future generations.
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