tlib-faqs.doc - TLIB A ‘Draft Treaty on Copyright Exceptions and Limitations for Libraries and Archives’ Frequently Asked Questions JUSTIFICATION 1

tlib-faqs.doc - TLIB A ‘Draft Treaty on Copyright...

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TLIB A ‘Draft Treaty on Copyright Exceptions and Limitations for Libraries and Archives’ Frequently Asked Questions JUSTIFICATION 1. Why is a Treaty on exceptions and limitations for libraries and archives needed? Because international copyright law does not properly serve the needs of libraries and archives in the 21st century. The Berne Convention (1886) [ ], the major governing copyright treaty, is focused on establishing international protection for authors' rights. While it did address certain public interest considerations, confirming that they are a fundamental part of the system, apart from the two mandatory copyright exceptions, Article 2(8) on news reporting and Article 10(1) on quotations, these are optional and not global in nature. As a result, libraries and archives work under a patchwork of provisions that differ in scope and effect from country to country, and which increasingly fail to address the legal and policy challenges of the global digital environment. At the same time, new treaties protecting rightholders and new ways to control access to content have been adopted. To resolve this structural problem, and to develop a distinct policy space for libraries and archives enabling the robust dissemination of knowledge to people and society, a global treaty for libraries and archives along with a range of complementary measures is a proposed solution that is a natural continuation of longstanding international principles. 2. Under the Berne Convention, countries are already free to have exceptions and limitations in their national law, so why do we need this new international instrument? Unlike the case in respect of quotations and news reporting, there is no international mandate for countries to have exceptions and limitations for libraries and archives. As mentioned above, this has resulted in a patchwork of provisions for libraries and archives. The WIPO 1 Copyright Treaty (WCT) [ ] has a provision for countries to extend exceptions and limitations in national law into the digital environment, and to devise new exceptions and limitations appropriate for the digital environment. However, without an international mandate, this laudable gesture has had limited effect. The result is a copyright system that is not fit for purpose for libraries and archives today. The two mandatory exceptions that exist in the Berne Convention have proven to be crucially important in the international copyright system. They make possible the free communication of information in society, leading to engagement in learning and intellectual activity, the acquisition of knowledge and a thriving economy. Article 10(1) is the foundation for modern scholarship and education practice and the freedom and independence of the news industry rely on both Articles 2(8) and 10(1).
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