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 Outdated copyright laws increasingly prevent libraries and archives from performing their most basic functions, simply because resources are now digital.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

Work continues at the World Intellectual Property Organization: a week of #Copyright4Libraries

IFLA is just back from another exciting week at the World Intellectual Property Organization, where United Nations Member States discussed how to move forwards on exceptions and limitations to copyright for libraries and other topics

5 December 2018 | CLM (Committee on Copyright and other Legal Matters), Copyright, Copyright Limitations and Exceptions for Libraries & Archives

Delivering the Promise: IFLA Secretary General Urges Support for Copyright Reforms that Benefit South African Libraries, Users

IFLA Secretary General Gerald Leitner has written a letter to key South African ministers and parliamentarians, urging them to take the final steps necessary to approve a copyright reform that will be good for libraries and good for their users. People with print disabilities will benefit particularly from the ratification of the Marrakesh Treaty that the reforms enable.

5 December 2018 | CLM (Committee on Copyright and other Legal Matters), Access to knowledge, Copyright Limitations and Exceptions for Libraries & Archives, Education, South Africa

Tearing down myths around the South African Copyright Amendment Bill

Ahead of further debate around the South African Copyright Amendment Bill, IFLA would like to share views on a number of issues raised by some stakeholders around the proposed legislation. Although the Bill is well underway, and there is positive progress on several library-related topics, there is concern that issues raised by a few stakeholders might slow down or undermine progress.

20 November 2018 | CLM (Committee on Copyright and other Legal Matters), Advocacy, Copyright, Copyright Limitations and Exceptions for Libraries & Archives, South Africa