Copyright limitations and exceptions and libraries

What are copyright limitations and exceptions?

Copyright limitations and exceptions (L&Es) allow works to be used in certain circumstances without having to seek permission from the copyright owner. L&Es provide a balance between the rights of copyright owners and the rights of the public for fair and reasonable access to, and use of, works for public interest purposes, such as education, research and further creativity. For example, copyright protection is limited to a certain length of time, such as life of the author plus 50 years (after that, the work is said to be in the public domain meaning that everyone is free to enjoy, share, and build upon the work without restriction). L&Es are an essential part of a well functioning copyright system - without L&Es, copyright owners would have complete control over almost every use of a work for any purpose.

Examples of activities enabled by copyright exceptions (under specific conditions set out in the law) include to photocopy/scan a protected work (exception to the right of reproduction), to lend (exception to the right of distribution), put a work online (exception to the right of communication to the public). Some activities may involve exceptions to more than one right, for example, text and data mining (TDM) implicates the rights of reproduction and communication to the public (TDM entails copying entire works to create a database for the mining process, and the data needs to be shared with other researchers for review and replicability). Other library activities enabled by exceptions, also known as user rights, may include inter-library document supply, digital preservation and the making of accessible format copies for people with print disabilities.

While rightsholder rights are mandatory and are set out clearly in international treaties, user rights have for the most part been optional and left to national laws. For example, the Berne Convention (1886) lists just one mandatory exception (quotation), while other exceptions are optional (teaching, news reporting, and political speeches). More recently, policy makers have begun to recognize the need for stronger exceptions: the Marrakesh Treaty for persons with print disabilities (2013) contains mandatory exceptions for the making and distribution of accessible format copies, and the European Directive on the Digital Single Market (2019) introduced mandatory exceptions for text and data mining, preservation, and digital and cross-border education.

What is EIFL’s position on copyright limitations and exceptions?

In many countries, national copyright laws do not have adequate or up-to-date exceptions. This places restrictions on activities and services of libraries operating in the digital environment, such as undertaking digital preservation projects or supporting online learning. EIFL advocates for robust, mandatory limitations and exceptions so that libraries everywhere, especially in developing and transition economy countries, can maximize access to knowledge and information for education, research and socio-economic development.

At national level, EIFL advocates for copyright laws that:

  • protect and expand the public domain, a rich resource for everyone for information, inspiration and discovery;
  • enable core library activities and services, such as preservation, support for education and research, and services to persons with disabilities;
  • unlock use of out-of-commerce and orphan works (where the author or copyright holder cannot be identified or found) that no longer hold commercial value but are of high social and educational value to historians, scholars and creators;
  • are fit for the digital environment: format neutral, and are protected from override by licence terms and technological protection measures.

They should also stand the test of time: a flexible fair dealing or fair use type exception helps keep the law up-to-date for longer with new technological developments.

At international level, EIFL supports the introduction of global copyright rules at the World Intellectual Property Organization (WIPO) that:

  • enable preservation by cultural heritage institutions, text and data mining and online teaching and learning;
  • set minimum international standards to protect core library activities and services, ensure equal treatment of print and digital resources, and enable cross-border cooperation;
  • encourage the adoption of robust exceptions that are consistent across borders and that recognize the public interest role of libraries and archives in providing access to information in the global, digital environment.
     

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