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 Outdated copyright laws increasingly prevent libraries and archives from performing their most basic functions, simply because resources are now digital.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

IFLA Welcomes Proposed New WIPO Deputy Director General

IFLA, alongside other civil society organisations from across the libraries, archives, and museums sector and beyond, engages closely in discussions at the World Intellectual Property Organization (WIPO). Our goal is to promote a culture- and creativity-friendly copyright system worldwide. We congratulate Sylvie Forbin on her nomination as Deputy Director General of the Copyright and Creative Industries Sector, and look forward to working with her toward this goal.

26 July 2016 | CLM (Committee on Copyright and other Legal Matters), Copyright, SCCR, WIPO

Major Step for Access to Knowledge for Visually Impaired

Canadian access to the Marrakesh Treaty starts the clock ticking towards its entry into force, opening up access to works of science and creativity for some of the most vulnerable people in the world. This is a major success, following years of effort by IFLA at WIPO and around the world.

30 June 2016 | CLM (Committee on Copyright and other Legal Matters), Access to knowledge, Services to the visually impaired, Copyright, WIPO

Un grand pas en avant en matière de l’accès au savoir pour les déficients visuels

La ratification canadienne du Traité de Marrakech signifie que la date de son entrée en force est maintenant fixée pour le 30 septembre. Ce Traité donnera à des personnes parmi les plus vulnérables au monde un accès significativement élargi aux œuvres de la science et de la créativité.

30 June 2016 | CLM (Committee on Copyright and other Legal Matters), Access to knowledge, Services to the visually impaired, Copyright, WIPO