Libraries in too many countries around the world lack the basic laws needed to do the best by their communities. And even where laws exist, they frequently fail to take account of the realities of the digital age. As such, the gap between what our communities expect and what libraries are able to offer is growing.
The International Federation of Library Associations and Institutions (IFLA) will therefore be speaking up at the 33rd meeting of the Standing Committee on Copyright and Related Rights (SCCR) at the World Intellectual Property Organisation this week. The current system is not working, and for libraries, there is no serious alternative to international level legal change.
SCCR has already addressed a number of areas where exceptions and limitations give the space for key libraries activities – making copies for personal research, undertake preservation, or lending books to give just some examples. These all contribute to a balanced and effective copyright system, as recognised by most WIPO members.
At this meeting, IFLA will underline that if these exceptions and limitations are to count, they need to be protected from abusive contract terms and digital rights management tools. Librarians need also to be protected from disproportionate penalties for honest mistakes.
IFLA will also address the question of exceptions for translation, which would allow libraries to translate works which are not already available in the local language for users' personal research or education purposes.
With progress towards substantive progress opposed by the European Union and others, the Committee has failed in previous sessions to reach agreement on where to go next. This time, they will have to find consensus on how to fulfil the mandate received from the General Assembly to continue work on exceptions and limitations. With the EU, which has proved hostile to mandatory, cross-border exceptions now looking to incorporate them internally, there may be room for progress.
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