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 Outdated copyright laws increasingly prevent libraries and archives from performing their most basic functions, simply because resources are now digital.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: 30 September 2016

Latest News

Open Letter to Ministers at the European Union's Competitiveness Council

IFLA, alongside 63 other civil society and trade associations has co-signed a letter to Ministers attending the European Union’s Competitiveness Council. This initiative seeks to urge decisionmakers to aim for a more ambitious copyright reform that responds to the needs of libraries and their users in Europe.

29 May 2017 | CLM (Committee on Copyright and other Legal Matters), Copyright, Europe

Marrakesh Ratification in the European Union Has a Sting in the Tail

Progress towards ratification of the Marrakesh Treaty in the European Union has the potential to deliver significantly wider access to knowledge for people with print disabilities, both in Europe and around the world. But to achieve this, national legislation will need to avoid introducing unnecessary 'compensation' provisions which will only harm the institutions, such as libraries and charities, which are working to help.

15 May 2017 | CLM (Committee on Copyright and other Legal Matters), Access to knowledge, Europe, Marrakesh Treaty

IFLA advocates globally for a better legal framework for libraries at the 34th Standing Committee on Copyright and Related Rights (SCCR)

Through the Standing Committee on Copyright and Related Rights (SCCR), the World Intellectual Property Organisation (WIPO) offers a platform for discussion among Member States and NGOs at a global level on intellectual property law and how to make it work better. SCCR is, among others, currently focusing on exceptions and limitations to copyright for libraries, archives and museums – the derogations from the exclusive rights of authors and publishers which allow libraries to do things such as preservation, reproduction or lending.

9 May 2017 | CLM (Committee on Copyright and other Legal Matters), Advocacy, Copyright, Copyright Limitations and Exceptions for Libraries & Archives, Copyright Limitations and Exceptions for Libraries & Archives