WLIC2016 : Copyright Matters! Libraries and National Copyright Reform Initiatives

This session had multiple presenters and a ton of content.  I types as fast as I could and also took photos when I knew I couldn't type fast enough. If something doesn't make sense, you may need to do a bit of research or contact the presenter for more information.  Honestly, some will likely make more sense, if you understand that nation's laws.  Every presenter did a good job laying out their country's copyright history, but each did it very quickly.

Limitations and Exceptions for Libraries: The WIPO Study - Kenny Crews

Why copyright?
The scope of copyright is tremendously broad and its lasts for many, many years.
The mission of libraries relates to the mission of copyright.

• creation and dissemination on new creative works
• preserve and provide access to the full range of information services

Many library activities overlap with copyright

He has done three studies for WIPO [World Intellectual Property Organization].  (See photo) 2015 was an examination of exceptions that are in the law which related to the Berne Convention [Three step test, article 9(2)]

188 member WIPO countries.  32 did not have specific library exceptions.  31 countries had general exceptions only, but not to specific activities.

Scope of exceptions:

• Preservation and replacement
• Private study and research
• Copy  machines  in the library
• Limitations in remembers
• Technological protection measures

Diversity of Exceptions:

• Who - libraries, archives, museums?
• What - published, unpublished? Articles, cull works?  Music, movies?
• When - during the term of  copyright protection?  After?
• Why - conditions and proof?
• How - analog or digital?

In those countries where there are library exceptions, there is a lot of diversity to those exceptions. 

Crews noted that the British model of copyright has impacted countries that were British colonies, even after they stopped being a colony.  (The Imperial Statute Model)

In the US, we will in gaps of Section 108 (library exceptions) with Section 107 (Fair Use).  Very few countries in the world have innovated their statutes related to library exceptions.

Innovations in Statutes: The European Union

• Orphan works directive, 2012
• Information society directive, 2001

Innovations in Statutes: United Kingdom

• Expended provisions
• Copies for research and study
• Expanded technologies

Innovations in Statutes: Poland

• Digital preservation of unpublished works
• Digital access on dedicated terminals
• Orphan works directive
• MOU for out of commerce works (Memorandum of Understanding)
• Quotation right
• Incidental use

The challenge ahead:

• Application to digital technologies
• Expansion of library services

• ILL
• Services to the visually impaired
• Mass Digitization for preservation
• Relationship to licenses
• Use of orphan works

• First sale and digital exhaustion of rights
• Cross-border delivery of works

The US Experience - Nancy Weiss, Executive Office of the [U.S.] President
The Statute of Anne (1710) - required delivery before publication of copies of books for the use of the Royal library, university libraries....

The public is the ultimate beneficiary of copyright law.
List of exceptions (see photo)

How is the US government helping in this area?
Key court cases are impacting libraries

• Kirtsaeng
• Hathitrust
• Georgia State

Congressional review of Copyright Law
- House Judiciary Committee
US Copyright Office policy studies
The Executive Branch is also involved in advising the President on copyright policy
- Marrakesh Treaty has been sent to the Senate for ratification
Commerce Internet Policy Task Force
- did not recommend extending first sale doctrine to digital works

Work being done:

• IMLS Copyright Review  project at University of Michigan
• Open educational resources
• Open ebooks initiative

The Australian Experience - Jessica Coates
A snapshot of what's happening now.
Recent history of copyright reform (See photo)

Copyright amendment - response to the Marrakesh Treaty
Improving access to materials for people with disabilities
Low hanging fruit (see photo) - not controversial
Ending perpetual copyright on unpublished works will - if passed - place millions of works in the public domain on the same day.  They drew attention to this problem by digital recipes, placing them online and asking people to cook them!  A radical act by librarians.

APA (Australian Publishers Association) and ALIA (Australian Library and Information Association) book cover agreement, August 1, 2016. Makes it easier for libraries to use book covers to promote books and authors. This was a cooperative approach and they hope to do more cooperation.

Their copyright act is over 700 pages.  41 minor amendments since 1996. Most exceptions are complex.  Exceptions needed because they do not have fair use.  They are in fair of expanding fair use.  She believes they are closer than before of enacting something on fair use.

The Myanmar Experience - Ma Mya Oo
2015 - first democratic election after 50 years of military rule
New constitution, new courts, new trade agreements, new legislation

Current copyright law:

• Copyright Law of 1914
• Joined WIPO in 2001
• Have no Berne convention and no WIPO Internet treaties
• Have some regional and bilateral trade agreements
• No explicit library exceptions
• Fair dealing for private study, research, criticism, review
• Copying for certain educational purposes
• Terms of protection- life of the author plus 30 years
• No protection for foreign works

A new law has been drafted and is now being reviewed.  It has not been submitted to Parliament.

The future includes:

• Copyright education essential for librarians
• Librarians need to be involved in policy-making

All libraries did not have access to the internet until 2013, however, the electricity supply is unreliable, which impacts libraries and their users.

The Polish Experience - Monika Mitera
She points their beginning with copyright law as being in the late 1400s.
Poland regained its independence in 1918. It's new copyright law was passed in 1926.

Copyright law of 1926
The core concept and basic assumptions shared with protection against unfair competition law.  Copyright as a single, comprehensive right.  Priority given to moral rights.

Poland had a positive impact on the Berne Convention.

The copyright law of 1952 was less friendly to authors.

Another copyright law replaced the 1952 version in 1994. Amended in 2002 and 2004.  The amendment of 2004 (I think) affects libraries.  Having had public consultations on copyright law since 2011.

Copyright act of 2015.  Law was passed on Sept. 11, 2015.  It still does not cover all libraries, since the wording is specific to education institutions. 

What is the definition of a "copy"?

She quickly went through a number of slides, including slides on orphan works. Is a good faith search for the rights holder the same as a diligent search?

WIPO Regional Meetings - Eve Woodberry

• All issues discussed at the national level can impact WIPO.  Since 2003, they have been focused on issues related to libraries. 
• We need to educate ourselves about copyright, then educate our governments and lobby our governments.
• Finally, not everything is law or treaties.  Look to develop partnerships.

Question -  Is there a best model for copyright?  Crews, no.  There a good pieces in many legislation.  We all fall a little short on the new issues: mass digitization, data mining, orphan works.  We need to pick the best from many different countries.