[Open-access] EU blocks WIPO case for improved international copyright legislation (Was: RE: [open-science] Elsevier: some facts, by Tim Gowers)

Wed May 7 10:35:06 UTC 2014

Regrettably the EU has now moved to block further discussion of WIPO's case for harmonising international legislation on text/data-mining and other copyright issues - see below.  Clearly more lobbying of MEPs is required.

Peter

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Peter Morgan
Head of Medical and Science Libraries
Medical Library
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-------- Original Message --------
Subject:

MEDIA RELEASE: EU Rejects International Solution to Library and Archive Copyright Problems; Causes Collapse of WIPO Meeting

Date:

Tue, 6 May 2014 09:31:36 +0000

From:

Susan Reilly <Susan.Reilly at KB.NL><mailto:Susan.Reilly at KB.NL>

Reply-To:

Susan Reilly <Susan.Reilly at KB.NL><mailto:Susan.Reilly at KB.NL>

To:

LIBER-ALL at JISCMAIL.AC.UK<mailto:LIBER-ALL at JISCMAIL.AC.UK>

Dear colleagues,
Attached is a joint press release from library and achive organisations on last week's failed talks at WIPO on exceptions and limitations for libraries and archives.
LIBER was present to highlight the copyright problems faced by European research libraries, particluarly in relations to cross border activity, mass digitasation, contracts, and copyright issues related to text and data mining.
It was made clear by the EU representatives that they did not support an international legal instrument that would allieviate the copyright problems that libraries and archives face and this position led to to breakdown in discussions. This is a very disappoiting outcome for libraries in Europe.
| would like to ask you to circulate the attached press release as widely as possible within your own countries so that we can increas awareness amoungst national policy makers of the need to support international solutions to the problems libraries face in providing access to information and supporting education, research and innovation.

Kind regards,

Susan

EU REJECTS INTERNATIONAL SOLUTION TO LIBRARY AND ARCHIVE COPYRIGHT PROBLEMS;
CAUSES COLLAPSE OF WIPO MEETING
Tuesday 6 May 2014
Discussions by the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright & Related Rights (SCCR) broke down in the early hours of Saturday morning 3 May, after the European Union (EU) attempted to block future discussion of copyright laws to aid libraries and archives fulfill their missions in the digital environment.
Library and archive delegations from Europe, Latin America, Australia, the United States, Canada and the UK attended the 27th meeting of the SCCR from 28 April - 2 May 3014, to push for an international treaty to help libraries and archives preserve cultural heritage, facilitate access to essential information by people wherever they are in the world.
The meeting ended in disarray at 1:30am on Saturday morning, after the EU tried to have crucial references to "text-based" work on copyright exceptions removed from the meeting conclusions - a move viewed by other Member States and library and archive NGOs present as an attempt to delay, if not derail, any progress on copyright exceptions at WIPO.
Dr. Stuart Hamilton, Deputy Secretary General of the International Federation of Library Associations & Institutions (IFLA) commented:
"For the past three years, Member States have been looking at draft texts on copyright exceptions for libraries and archives. The EU is now trying to pretend these don't exist. We're frustrated, and deeply disappointed. It appears the EU came to WIPO with one goal in mind: to kill the discussion."
The EU's attempt to sideline discussion of copyright exceptions at WIPO is particularly concerning in light of the ongoing review of copyright laws at the EU level.
Dr Paul Ayris, President of LIBER, the Association of European Research Libraries, expressed his disappointment:
"The position taken by the EU delegation in Geneva contrasts strongly with current discussions at European level, where it has been recognised that copyright exceptions for libraries are essential, and must be harmonised in order to facilitate international research and innovation in the age of Science 2.0.  The conservative position taken at SCCR 27 in Geneva this week is therefore deeply disappointing. It does not support research and education and hampers European researchers in their use of new tools and services."
The SCCR has been discussing a possible legal instrument to safeguard copyright exceptions and limitations for libraries and archives since 2009. It is due to submit recommendations to the WIPO General Assembly in September 2014.
"We must act now, and engage at WIPO to make sure the EU and other developed countries know just how inadequate copyright laws are for libraries and archives in the digital, global world," said Dr. Stuart Hamilton.
A full list of quotes from organisations is included in a separate attachment. For general enquiries:
Ellen Broad
Manager, Digital Projects & Policy (IFLA)
Ellen.broad at ifla.org<mailto:Ellen.broad at ifla.org>
+31622749588

From: open-access [mailto:open-access-bounces at lists.okfn.org] On Behalf Of E. Hoorn
Sent: 06 May 2014 09:43
To: open-access at lists.okfn.org
Subject: Re: [Open-access] [open-science] Elsevier: some facts, by Tim Gowers

Wouter, Jeroen,

There is a WIPO study on fair use and limitations for educational use, which gives an overview of the regulation worldwide.

Study on Copyright Limitations and Exceptions for Educational Activities in North America, Europe, Caucasus, Central Asia and Israel Raquel Xalabarder, Professor of Law, Universitat Oberta de Catalunya (UOC), Barcelona, Spain  http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=130393
For the Netherlands there is a limitation on copyright for educational use in the Dutch Copyright Act. But the downside is that one of the conditions is that a fair remuneration is paid. We recently agreed on a new national deal. Over the coming years the amount decreases, because we expect that there will be more Open Access material available. There will be a working group of publishers and university representatives, with the task -amongst others- to monitor this.

Esther
On 3-5-2014 22:17, Gerritsma, Wouter wrote:

Jeroen, Egon

But, I don't think you are allowed to distribute these readers/coursepacks/syllabi openly in digital format to the web.

So it is still very restrictive.

Wouter

-----Original Message-----

From: open-access [mailto:open-access-bounces at lists.okfn.org] On Behalf Of Bosman, J.M. (Jeroen)

Sent: vrijdag 2 mei 2014 21:41

To: open-access at lists.okfn.org<mailto:open-access at lists.okfn.org>

Subject: Re: [Open-access] [open-science] Elsevier: some facts, by Tim Gowers

Afaik there is no fair use policy in Dutch law. We only have the right to cite phrases or sentences or small sections, and only under certain conditions.

However educational use has been granted by some publishers or is sometimes included in big deal contracts. In our Copyright LibGuide we have a list of what is allowed for faculty and students of Utrecht University (unfortunately only in Dutch): http://www.uu.nl/university/library/NL/informatie/auteursrechten/Documents/Auteursrechteninfopunt_uitgevers_UU.pdf

This tells you what is allowed in paper and electronic coursepacks. But of course this is all still very restrictive as it only allows use for and by Utrecht University members.

Jeroen

Op 2 mei 2014 om 19:09 heeft "Egon Willighagen" <egon.willighagen at gmail.com><mailto:egon.willighagen at gmail.com> het volgende geschreven:

On Fri, May 2, 2014 at 12:33 PM, Peter Murray-Rust <pm286 at cam.ac.uk><mailto:pm286 at cam.ac.uk> wrote:

I would think that copyright law always includes fair use policy

which applies especially to use for educational purposes?

Not as I understand it. There is no Fair Use in UK. Is there in NL?

I do not know... I know that if I share an article in a course, I pay

for that copy (also if PDF) for as many students are in my class

(don't know the exact rules or exact payment, as I limit myself to

using Open Access papers...)

Egon

--

E.L. Willighagen

Department of Bioinformatics - BiGCaT

Maastricht University (http://www.bigcat.unimaas.nl/)

Homepage: http://egonw.github.com/

LinkedIn: http://se.linkedin.com/in/egonw

Blog: http://chem-bla-ics.blogspot.com/

PubList: http://www.citeulike.org/user/egonw/tag/papers

ORCID: 0000-0001-7542-0286

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