test. Further, there should be no discrimination in copyright laws against visually, aurally or learning disabled persons. Reformatting of material to make it accessible should not be considered an infringement of copyright and should be considered as reasonable access. In countries with many languages and dialects, there is a greater need for exceptions to allow translation and reproduction of materials for literacy and learning purposes.
In national copyright legislation, exceptions to copyright and related rights, allowed in the Berne Convention and endorsed by the WIPO treaties, should be revised if necessary to ensure that permitted uses apply equally to information in electronic form and to information in print, and for copying over and above these provisions there should be administratively simple payment or licensing schemes.
IFLA supports moves for differential and cheaper licensing tariffs for disadvantaged communities. For example, developing countries do not always have the resources to pay high copyright fees, particularly in foreign currencies. If they cannot afford the licensing fees, they are denied access to the material and its benefit for their communities. Less relevant or non-current material then has to be substituted which can have serious implications, particularly where up-to-date information is essential, e.g., information on healthcare, HIV/AIDS, etc.
Temporary or technical copies which are incidental to the use of copyright material and which have no economic value should be excluded from the scope of the reproduction right
For works in digital format, without incurring a further payment or seeking permission, all legitimate users of a library should be able to:
- browse publicly available copyright material;
- read, listen to, or view lawfully acquired publicly marketed copyright material privately, on site or remotely; (including material which has to be adapted for those with a learning disability or translated into a different language)
- copy, or have copied for them by library and information staff a reasonable proportion of a digital work in copyright for personal, educational or research use.
On Information Resource Sharing
IFLA believes that resource sharing plays a vital role in education, democracy, economic growth, health and welfare and personal development. It facilitates access to a wider range of information, which would not otherwise be available to the user, library or country requesting it. Resource sharing is not a mechanism to reduce costs but to expand availability to those who, for economic, technical or social reasons are unable to have access to the information directly. If a library has lawful access to a digital work, then providing access for any legitimate purpose such as research or study should be permitted under copyright law.
Non-commercial public lending is not an activity that has traditionally been controlled by copyright law but in some countries it has become a restricted act. Public lending is essential to culture and education. It should be available to all. Information packaged in all formats has and will become part of the lending stock. Lending in turn assists in the marketing of commercially packaged information and encourages sales. Libraries are, in effect, catalysts for the sale of information in all of its formats. Therefore, any legal or contractual restraints put on lending would be to the disadvantage of rights holders as well as to the libraries themselves. Unfortunately a precedent has been set with the European Union when lending was made a restricted act under copyright even though it is not an international requirement.
IFLA believes that the lending of published materials by libraries should not be restricted by legislation and that contractual provisions, for example within licensing agreements, should not override reasonable lending of electronic resources by library and information staff.
On preservation and conservation
Libraries collect and preserve information. In fact, the responsibility for preserving information and culture fall