 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 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 an