Copyright Limitations and Exceptions for Libraries & Archives

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Copyright limitations and exceptions are fundamental for access to knowledge and thus for human and social development.

Why is IFLA advocating for copyright reform at WIPO?

Copyright laws are meant to balance the public interest in accessing information with the rights of authors, artists, and publishers. In some countries, copyright laws include provisions so libraries and archives can provide public access to the world’s knowledge—but in many countries, these exceptions apply only to resources that exist in traditional formats. Outdated copyright laws increasingly prevent libraries and archives from performing their most basic functions, simply because resources are now digital. In a number of countries, particularly in Africa and Latin America, there are no exceptions safeguarding the services of libraries and archives at all.

As rules in favor of copyright holders have increased through binding global treaties, rules for libraries and archives that enable access to information have stayed frozen. The result is a broken copyright system that:

  • Deepens inequalities in public knowledge and skills
  • Creates permanent holes in the historical record
  • Prevents information created today from being available for future generations

IFLA believes that international action is needed to ensure essential library and archive functions continue to be preserved in copyright laws.

What would an international framework look like?

IFLA is seeking an international framework that will facilitate library lending, inter library loan and document supply in digital and print forms; enable use of orphan works; ensure the ability to acquire eBooks from publishers; protect library exceptions from override by contract; among other important library activities. The Treaty Proposal on Copyright Exceptions and Limitations for Libraries and Archives was created by library and archive experts to guide Member States at the SCCR on model copyright provisions and needs to support the activities of these sectors.

What stage are the negotiations at?

Following the successful conclusion of a treaty to ensure access to works for visually impaired people (the Marrakesh Treaty) in June 2013, copyright exceptions and limitations for libraries and archives are high on the SCCR agenda. This is an important opportunity to establish the concerns of libraries and archives, and build momentum to advance SCCR discussions towards an international instrument.  

Last update: 2 April 2015

Latest News

Licensing not the answer: IFLA seeks minimum exceptions at WIPO SCCR

Next week, the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organisation (WIPO) will once again meet to discuss exceptions and limitations for libraries and archives.

24 June 2015 | Copyright, SCCR, WIPO

IFLA co-signs on Manila Principles to protect freedom of expression

IFLA has joined an international coalition to offer a framework of safeguards and best practices for intermediary liability for third-party content and for the handling of requests to restrict or take down content.

13 June 2015 | Access to information, Advocacy, Copyright, Intellectual property, Internet access, Policy

IFLA signs The Hague Declaration: Immediate reform to IP Laws!

Hague Declaration IFLA is an original signatory to the Declaration which aims to foster agreement about how to best enable access to facts, data and ideas for knowledge discovery in the Digital Age.

7 May 2015 | Copyright, The Hague Declaration, data mining, Text mining