 on the number, location, and organizational affiliation of users;
- restrictions on libraries performing inter-library loan/document supply;
- restrictions on libraries copying the work for preservation purposes;
- restrictions on the use of a work beyond a certain date;
- restrictions on libraries networking the work across the premises of the library;
- restrictions on lending or otherwise disposing of a digital work.
- restrictions on the right to quote, analyze and even to index a work
The combination of protected technological measures and licenses can lead to an absolutely unlimited protection of the interests of the rights owners, who benefit from several cumulative layers of protection: copyright protection, technological protection, legal protection of the technological measures, and contract law.
The IFLA Position
“Digital technology enables [publishers] to track and charge for every instance of electronic access, even for browsing… The resulting market power then allows the publisher to impose monopoly prices and potentially oppressive terms on users, including libraries, academies, institutes and research centers, and to ignore the social consequences that ensue from the inability of research organizations to pay for such access.”
Most copying of print-based material in libraries is for educational, research or private study purposes or for preservation. The reasons usually given for copying are because users are unable to read the material in the library (material is in demand or reference only) or because the user wishes to read it at a more convenient time (time shifting). Despite rights owner concerns about loss of sales there is no evidence that copying reasonable amounts from copyright protected works displaces sales. Those who copy would not necessarily buy a work if prevented from copying it. There is no reason to believe that this pattern will not also be true of copying from digital works.
IFLA believes, therefore, that not only must traditional copyright exceptions be preserved both in the print (analogue) environment but also in the digital environment, and that this must be addressed at the same time as the issues of the increasing use of copyright protection technologies and contractual license agreements. It is of little use for national legislatures to guarantee fair use rights if these rights are promptly overridden by non-negotiated click-through licence agreements or technological protection systems in almost every case.
IFLA also believes that if exceptions allowed in national legislations conform to the Berne Convention three-step test, the interests of rights owners will not be harmed and, therefore, no further permission or compensation payment for uses should be required.
However, it should be borne in mind that the needs of the users in developing countries are greater than those in developed countries. More exceptions are necessary, particularly in the transformation from illiteracy to literacy, e.g. in literacy programmes, basic adult education training, etc.
IFLA’s position on copyright on these issues is as follows:
On copyright exceptions
IFLA maintains that unless libraries and citizens are granted exceptions which allow reasonable access and fair use for purposes which do not harm the interests of rights owners, and which are in the public interest and in line with fair practice such as education and research, there is a danger that only those who can afford information will be able to take advantage of the benefits of the Information Society. If there were no effective public interest exceptions, especially in the digital environment, this would lead to an even greater divide than already exists between the information rich and the information poor in both the developed and developing nations. This is not to say that rights owners should be persuaded to give their works away freely. Once a work has been legitimately obtained, e.g., purchased by a library or an individual, there should be some exceptions allowed under national laws, which are in line with the Berne three-step 