15 June 2009
Good-bye to UF Scholarly Communication & Copyright Blog
I will leave my current post at the University of Florida next week to become the Library Director at Gulf Coast Community College on July 1. I hope to begin another blog once I settle in there.
22 April 2009
World Book and Copyright Day
On April 23, 2009, UNESCO suggests exploring the topic of the paramount function of books for the development of quality education, as well as the link between publishing and human rights. Visit the World Book and Copyright Day site for more information on activities.
More than 100 countries will take part in the celebration of World Book and Copyright Day, proclaimed by UNESCO in 1996. Publishers, book shops, libraries, schools, cultural institutions and authors’ societies from all over the world have undertaken to celebrate the Day and promote the enduring importance of books.
23 January 2009
Copyright Spinner for Section 108
The American Library Association Office for Information Technology Policy (ALA OITP) has released its digital copyright spinner, a new tool for section 108. It is a helpful reference for preservation, ILL, and other library purposes.
19 December 2008
ALA Report to Obama-Biden Transition Team: Libraries' Role in Changing America
Following internal meetings to discuss the key issues and concerns that libraries must communicate to the new Administration, the American Library Association submitted a report to the Obama-Biden Transition Team entitled "Opening the 'Window to a Larger World': Libraries' Role in Changing America."
The report states that
Key issues discussed in the report include:
The report states that
"during this time of transition for our nation, libraries of all types...are resources the American public and new Administration can use to help people find jobs, support education and lifelong learning, provide access to information and telecommunications services, empower families, and enable civic engagement as well as promote literacy and connect communities."In fact, public libraries are the sole source of no-fee access to the Internet for 73% of Americans without connectivity at home or work. This is especially important for people who use their libraries to gain access to e-government services, such as Social Security and Medicare information and tax preparation and filing. Although the demand for library services has increased with the economic downturn, library budgets are often the first thing cut.
Key issues discussed in the report include:
- Broadband build-out and telecommunications
- School libraries
- Funding for library programs
- Access and transparency in government
- Access and civil liberties
- Literacy and lifelong learning
- Copyright
- Recognize and fund libraries as critical access points for e-government services
- Require all federal agencies to implement open access policies
- Increase funding and develop long-range plans to maintain digital repositories for research and discovery of all types
- Insist that all federally funded research reports be publicly accessible
- Support library and information services for veterans, active-duty military and their families
- Support amending the USA PATRIOT Act to protect user privacy and related civil liberties
- Assure protection of personal information
- To protect children, support legislation and fund programs that include Internet safety education and emphasize the importance of parental involvement instead of Internet blocking and filtering
- Promote copyright law that balances the rights of the public and the rights of copyright holders as articulated in the U.S. Constitution
- Advance fair use and other lawful uses of protected works by the public and libraries that serve them
- Support library community participation in the World Intellectual Property Organization (WIPO) by meeting with library representatives prior to meetings to ensure diverse views are considered in the development of treaties
- Support the library community's efforts to expand access to materials for the visually impaired
- Seek input from the library community on potential candidates for Executive Office of the President Coordinator for Intellectual Property, the Chief Technology Officer, and head of the Copyright Office positions
18 December 2008
Bad blogger! (Me, not Ramesh)
Why is it that one has the least time to blog when the most interesting events are happening? November was filled with lots of travel for me. At the beginning of the month was the WIPO SCCR; I just posted the intervention I made on November 5th. Then came the conference on Traditional Cultural Expression. What an enlightening experience! The resources page offers a video, blog links, readings, and comments for anyone who wants to learn more.
Here's proof that I was hard at work :)
Here's proof that I was hard at work :)
Ramesh Srinivasan presents "Divergent Cultural Notions of Knowledge Circulation and Property" as I moderate the panel "Emergent Technologies, Emergent Cultures: The Interface of Technology with Traditional Cultural Expression."
WIPO SCCR: Library Copyright Alliance Statement on Limitations and Exceptions for Libraries and Archives
Mr. Chairman, the Library Copyright Alliance appreciates the opportunity to speak before this forum about an issue that is so central to libraries and the public. We would like first to congratulate Mr. Gurry on his appointment. We would also like to express our appreciation to WIPO for commissioning these important studies and hosting these informative sessions.
The Library Copyright Alliance is a coalition of the five major U.S. library associations: the American Library Association, Association of Research Libraries, Special Libraries Association, Association of American Law Libraries, and the Medical Library Association. We would like to offer this statement regarding copyright exceptions and limitations.
Effective copyright law must balance the interests of creators of intellectual works and the users’ rights to use protected works to further creative endeavour, learning and research. The exclusive rights of copyright held by the creator are tempered by exceptions and limitations for users. For libraries, copyright exceptions are critical to meeting our missions to support learning and research, promote the free flow of information, provide equitable access to information to the public, preserve cultural heritage and encourage free expression. Without limitations to copyright, the advancement of knowledge and innovation could not proceed. At the same time, libraries recognize the need for creators to be rewarded for their work and for creative works to be protected from unfair exploitation. It is noteworthy that content spending by the global library market is $22.5 billion.
It is the position of some that the current state of copyright protection sufficiently provides limitations and exceptions for libraries to fulfil their public service mission. Although copyright protections are mandated by international treaties and are required, most limitations and exceptions are optional, dependent upon the statutes in each country. This has resulted in great variations that are often in conflict with one another in a globalized, networked world. As protections have been strengthened and extended in this digital era, limitations and exceptions have not been addressed, creating a critical imbalance. And there is an integral link between limitations and exceptions and the fundamental human rights expressed in the United Nation's Universal Declaration of Human Rights: equality, the right to education, freedom of expression and the right to access culture and to share in scientific advancement.
Limitations and exceptions have grown in importance with the emergence of the digital economy. As we learned from his Study on Copyright Limitations and Exceptions for Libraries and Archives, Kenneth Crews found that at least 21 of the member states have no library exception in their copyright law. The copyright laws of some developing countries are more restrictive than developed countries. As the Development Agenda discussions in the CDIP have made clear, developing a global approach to exceptions to and limitations on copyright law is essential for access to knowledge and for economic and social development.
Recognizing that the formats and delivery mechanisms of knowledge will change over time and that copyright exceptions should be viewed in light of their situational use, we also suggest the need for a broad exemption like fair use. Creators and users of intellectual property alike benefit from fair use. For example, the publishing industry regularly asserts fair use when incorporating content from earlier works. Likewise, a computer scientist relies on fair use when reverse engineering a computer security threat.
Exceptions permit a range of activities that are critical to many high-tech businesses. The study conducted by the CCIA demonstrates that exceptions to copyright protection promote innovation, are vital to many industries, and stimulate growth. Companies benefiting from the broad exception of fair use generate substantial revenue, employ millions of workers, and represented one-sixth of the total U.S. GDP in 2006.
Copyright exceptions should make sense in the digital world where information is the primary currency. Currently, different rules apply to different formats, but all formats should be equal in terms of exceptions that apply to their use. For example, the laws limiting preservation copies to three or limiting use to the physical premises of the library are outmoded in a digital environment. Because there is no exception for long-term preservation, digitization projects are hampered. In many countries, the law does not allow for the preservation of websites and other digital content.
We believe that a robust and growing public domain provides new opportunities for creativity, research, and scholarship.
All works created by government entities or with government funding should be publicly available at no charge within a reasonable timeframe. Facts and other public domain materials, and works lacking in creativity, should not be subject to copyright or copyright-like protections.
Consistent with the Berne Convention, the term of copyright should be the life of the author plus 50 years. The term of copyright should not be extended retroactively.
Copying individual items for or by individual users should be permitted for personal research and study.
Copyright laws should not inhibit the development of technology where the technology in question has substantial non-infringing uses.
It should be permissible for a work that has been lawfully acquired by a library or other educational institution to be made available over a network in support of classroom teaching or distance education in a manner that does not unreasonably prejudice the rights holder. Subject to appropriate limitations, a library or educational institution should be permitted to make copies of a work in support of classroom teaching.
A library should be permitted to make copies of published and unpublished works in its collection for purposes of preservation or migrating content to a new format. In support of preservation, education or research, libraries and educational institutions should be permitted to make copies of works still in copyright but not currently the subject of commercial exploitation.
A library should be permitted to lend to others a work that has been lawfully acquired without further transaction fees to be paid by the library. Interlibrary loan is essential to the vitality of libraries of all types and sizes and is a means by which a wider range of materials can be made available to users. Libraries have an obligation to obtain materials to meet the informational needs of users when local resources do not meet those needs. However, interlibrary loan should be regarded as an adjunct to, not a substitute for, collection development in individual libraries.
Libraries and archives should be permitted to make available a copyrighted work after conducting a reasonable search for the rights holder without liability for unreasonable damages. Publishers, filmmakers, museums, libraries, universities, and private citizens, among others, have faced significant challenges managing risk and liability when a copyright owner cannot be identified or located. If a copyright holder emerges, statutes should provide for reasonable remuneration for the use without penalty.
A library should be permitted to convert material from one format to another to make it accessible to persons with disabilities. The exception should not be format-specific to allow for the use of technologically-advanced access mechanisms.
It should be permissible to for libraries and their users to circumvent a technological protection measure for the purpose of making a non-infringing use of a work. Implementation of anti-circumvention legislation in many nations exceeds the requirements of Article 11 of the World Copyright Treaty. It describes the only TPMs subject to legal protection against circumvention are those that: (1) are effective, (2) are used by authors to exercise copyrights, and (3) restrict acts not authorized by authors or permitted by law. Some countries have allowed TPMs that effectively eliminate existing exceptions in copyright law.
The goals and policies providing for exemptions are important statements of national and international principle and should not be varied by contract. A British Library study of 100 contracts offered to it found that 93% undermine the exceptions to copyright law, and therefore worryingly undermine the public interest.
The limitations and exceptions should not be over-ridden by other bi-lateral or multi-lateral agreements.
There is a need to clarify and re-state the role of limitations and exceptions for libraries in the digital age. Sharing information on national policies on limitations and exceptions and their fit within international law is an important first step to constructive work on these issues.
The Library Copyright Alliance supports limitations and exceptions to copyright for libraries as outlined in this document as a minimum. We endorse the proposal presented at the Sixteenth Session of the WIPO Standing Committee on Copyright and Related Rights by Chile, Nicaragua, and Uruguay for work related to exceptions and limitations. We believe that there is a need for this committee to adopt a work plan that will identify national models and best practices through regional and international seminars that involve librarians. We hope consensus is achieved on a recommended set of minimum exceptions and limitations for libraries with a situation-based and flexible exemption like fair use.
Thank you for your consideration.
Lori Driscoll, LCA
The Library Copyright Alliance is a coalition of the five major U.S. library associations: the American Library Association, Association of Research Libraries, Special Libraries Association, Association of American Law Libraries, and the Medical Library Association. We would like to offer this statement regarding copyright exceptions and limitations.
Effective copyright law must balance the interests of creators of intellectual works and the users’ rights to use protected works to further creative endeavour, learning and research. The exclusive rights of copyright held by the creator are tempered by exceptions and limitations for users. For libraries, copyright exceptions are critical to meeting our missions to support learning and research, promote the free flow of information, provide equitable access to information to the public, preserve cultural heritage and encourage free expression. Without limitations to copyright, the advancement of knowledge and innovation could not proceed. At the same time, libraries recognize the need for creators to be rewarded for their work and for creative works to be protected from unfair exploitation. It is noteworthy that content spending by the global library market is $22.5 billion.
It is the position of some that the current state of copyright protection sufficiently provides limitations and exceptions for libraries to fulfil their public service mission. Although copyright protections are mandated by international treaties and are required, most limitations and exceptions are optional, dependent upon the statutes in each country. This has resulted in great variations that are often in conflict with one another in a globalized, networked world. As protections have been strengthened and extended in this digital era, limitations and exceptions have not been addressed, creating a critical imbalance. And there is an integral link between limitations and exceptions and the fundamental human rights expressed in the United Nation's Universal Declaration of Human Rights: equality, the right to education, freedom of expression and the right to access culture and to share in scientific advancement.
Limitations and exceptions have grown in importance with the emergence of the digital economy. As we learned from his Study on Copyright Limitations and Exceptions for Libraries and Archives, Kenneth Crews found that at least 21 of the member states have no library exception in their copyright law. The copyright laws of some developing countries are more restrictive than developed countries. As the Development Agenda discussions in the CDIP have made clear, developing a global approach to exceptions to and limitations on copyright law is essential for access to knowledge and for economic and social development.
Recognizing that the formats and delivery mechanisms of knowledge will change over time and that copyright exceptions should be viewed in light of their situational use, we also suggest the need for a broad exemption like fair use. Creators and users of intellectual property alike benefit from fair use. For example, the publishing industry regularly asserts fair use when incorporating content from earlier works. Likewise, a computer scientist relies on fair use when reverse engineering a computer security threat.
Exceptions permit a range of activities that are critical to many high-tech businesses. The study conducted by the CCIA demonstrates that exceptions to copyright protection promote innovation, are vital to many industries, and stimulate growth. Companies benefiting from the broad exception of fair use generate substantial revenue, employ millions of workers, and represented one-sixth of the total U.S. GDP in 2006.
Copyright exceptions should make sense in the digital world where information is the primary currency. Currently, different rules apply to different formats, but all formats should be equal in terms of exceptions that apply to their use. For example, the laws limiting preservation copies to three or limiting use to the physical premises of the library are outmoded in a digital environment. Because there is no exception for long-term preservation, digitization projects are hampered. In many countries, the law does not allow for the preservation of websites and other digital content.
We believe that a robust and growing public domain provides new opportunities for creativity, research, and scholarship.
All works created by government entities or with government funding should be publicly available at no charge within a reasonable timeframe. Facts and other public domain materials, and works lacking in creativity, should not be subject to copyright or copyright-like protections.
Consistent with the Berne Convention, the term of copyright should be the life of the author plus 50 years. The term of copyright should not be extended retroactively.
Copying individual items for or by individual users should be permitted for personal research and study.
Copyright laws should not inhibit the development of technology where the technology in question has substantial non-infringing uses.
It should be permissible for a work that has been lawfully acquired by a library or other educational institution to be made available over a network in support of classroom teaching or distance education in a manner that does not unreasonably prejudice the rights holder. Subject to appropriate limitations, a library or educational institution should be permitted to make copies of a work in support of classroom teaching.
A library should be permitted to make copies of published and unpublished works in its collection for purposes of preservation or migrating content to a new format. In support of preservation, education or research, libraries and educational institutions should be permitted to make copies of works still in copyright but not currently the subject of commercial exploitation.
A library should be permitted to lend to others a work that has been lawfully acquired without further transaction fees to be paid by the library. Interlibrary loan is essential to the vitality of libraries of all types and sizes and is a means by which a wider range of materials can be made available to users. Libraries have an obligation to obtain materials to meet the informational needs of users when local resources do not meet those needs. However, interlibrary loan should be regarded as an adjunct to, not a substitute for, collection development in individual libraries.
Libraries and archives should be permitted to make available a copyrighted work after conducting a reasonable search for the rights holder without liability for unreasonable damages. Publishers, filmmakers, museums, libraries, universities, and private citizens, among others, have faced significant challenges managing risk and liability when a copyright owner cannot be identified or located. If a copyright holder emerges, statutes should provide for reasonable remuneration for the use without penalty.
A library should be permitted to convert material from one format to another to make it accessible to persons with disabilities. The exception should not be format-specific to allow for the use of technologically-advanced access mechanisms.
It should be permissible to for libraries and their users to circumvent a technological protection measure for the purpose of making a non-infringing use of a work. Implementation of anti-circumvention legislation in many nations exceeds the requirements of Article 11 of the World Copyright Treaty. It describes the only TPMs subject to legal protection against circumvention are those that: (1) are effective, (2) are used by authors to exercise copyrights, and (3) restrict acts not authorized by authors or permitted by law. Some countries have allowed TPMs that effectively eliminate existing exceptions in copyright law.
The goals and policies providing for exemptions are important statements of national and international principle and should not be varied by contract. A British Library study of 100 contracts offered to it found that 93% undermine the exceptions to copyright law, and therefore worryingly undermine the public interest.
The limitations and exceptions should not be over-ridden by other bi-lateral or multi-lateral agreements.
There is a need to clarify and re-state the role of limitations and exceptions for libraries in the digital age. Sharing information on national policies on limitations and exceptions and their fit within international law is an important first step to constructive work on these issues.
The Library Copyright Alliance supports limitations and exceptions to copyright for libraries as outlined in this document as a minimum. We endorse the proposal presented at the Sixteenth Session of the WIPO Standing Committee on Copyright and Related Rights by Chile, Nicaragua, and Uruguay for work related to exceptions and limitations. We believe that there is a need for this committee to adopt a work plan that will identify national models and best practices through regional and international seminars that involve librarians. We hope consensus is achieved on a recommended set of minimum exceptions and limitations for libraries with a situation-based and flexible exemption like fair use.
Thank you for your consideration.
Lori Driscoll, LCA
04 November 2008
Day 2 of Information Sessions at WIPO SCCR
Today was an exciting day for us at WIPO, with a discussion of the study on limitations and exceptions for people with visual impairments and the recently released study of limitations and exceptions for libraries. Cross-border issues were of great concern in the discussion of cooperation among intermediaries for making accessible copies of works for the visually impaired. To my amazement, the discussion of L&E for libraries was very supportive. Member states expressed interest and I'm optimistic that this will move forward on the work plan of the SCCR. We'll find out tomorrow, when the official meeting of the WIPO SCCR begins. One of the first agenda items is L&E.
03 November 2008
WIPO SCCR 17th Session
The 17th session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights is getting underway in Geneva today, beginning with information sessions prior to start of the official meeting. This morning, Sam Ricketson will present his paper on limitations and exceptions in the digital environment. This afternoon, Nic Garnett discusses automated rights management systems. Tomorrow, Judith Sullivan will present her study of limitations and exception for the visually impaired. There will be a luncheon discussion of technology for the visually impaired, sponsored by the World Blind Union. Kenneth Crews will discuss his study of limitations and exceptions for libraries and archives on Tuesday afternoon. The final information session is Wednesday morning, concerning audiovisual performances. The formal meeting of the SCCR is scheduled to begin Wednesday afternoon.
After many years of merely discussing av and broadcasters rights, it is very exciting to see the SCCR take up limitations and exceptions. We are all very excited to see what may emerge!
After many years of merely discussing av and broadcasters rights, it is very exciting to see the SCCR take up limitations and exceptions. We are all very excited to see what may emerge!
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