[DMCA-Activists] Libraries on WIPO Development Agenda

[Seth Johnson]

-------- Original Message --------
Subject: [Random-bits] Libraries on WIPO Development Agenda
Date: Mon, 31 Jan 2005 22:09:59 -0500
From: James Love <address@hidden>
To: Random-Bits <address@hidden>

This is the most recent version of the Library suggestions for
elements of a proposed Treaty on Access to Knowledge (a2k).  (For
proposals by others, see:
http://lists.essential.org/pipermail/a2k/)

Jamie

http://www.arl.org/info/frn/copy/intl/wipoprinciples.html

January 26, 2005

Library-Related Principles* for the International Development
Agenda of the World Intellectual Property Organization

  Goal 1: A robust and growing public domain to provide new
opportunities for creativity, research, and scholarship.

   1.1.  All works created by governmental authorities should be
in the public domain.
   1.2.  Published works resulting from government-funded
research should be publicly available at no charge within a
reasonable time frame.
   1.3.  Facts and other public domain materials, and works
lacking in creativity, should not be subject to copyright or
copyright-like protections.
   1.4.  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.

Goal 2:  Effective library programs and services as a means of
advancing knowledge.
   2.1. A library may make copies of published and unpublished
works in its collection for purposes of preservation or to
migrate content to a new format.
   2.2.  A work that has been lawfully acquired by a library may
be lent to others without further transaction fees to be paid by
the library.
   2.3.  A work that has been lawfully acquired by a library or
other educational institution may 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.
   2.4. Subject to appropriate limitations, a library or
educational institution may make copies of a work in support of
classroom teaching.
   2.5.  A library may convert material from one format to
another to make it accessible to persons with disabilities.
   2.6.  In support of preservation, education or research,
libraries and educational institutions may make copies of works
still in copyright but not currently the subject of commercial
exploitation.

Goal 3:  High levels of creativity and technological progress
resulting from individual research and study.
   3.1.  Copyright laws should not inhibit the development of
technology where the technology in question has substantial
non-infringing uses.
   3.2.  Copying of individual items for or by individual users
should be permitted for personal research and study.
   3.3.  It should be permissible to circumvent a technological
protection measure for the purpose of making a non-infringing use
of a work.

Goal 4:  Harmonization of copyright.
   4.1  The goals and policies set out in this document should
not be over-ridden by other bi-lateral or multi-lateral
agreements.
   4.2  The goals and policies set out in this document are
important statements of national and international principle and
should not be varied by contract.


  January 26, 2005
  The foregoing principles were developed in December 2004 and
have been endorsed by the following library associations:
American Association of Law Libraries, American Library
Association, Association of Research Libraries,  International
Federation of Library Associations and Institutions , Medical
Library Association, and the Special Libraries Association. These
principles were prepared for use in discussions at the World
Intellectual Property Organization concerning the impact of
intellectual property protection on economic development and the
significance of copyright exceptions for libraries, educational
institutions, and the disabled.  These principles are not
intended to serve as statutory language and thus do not reflect
limitations and qualifications that would appear in such
language.

Endorsement:
  If you would like to offer your endorsement of these
principles, please complete the electronic form. Someone will
contact you regarding your endorsement.

If you have questions regarding this statement, please contact
Prue Adler, ARL, Bob Oakley, AALL, Miriam Nisbet, ALA, Carla
Funk, MLA, and/or Doug Newcomb, SLA
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