ntive to create; and secondly, by encouraging the dissemination of new knowledge. Creators enjoy the right to control, and to be remunerated for, subsequent dissemination. Without these incentives some authors might not be motivated to spend their time and effort in creating valuable original expression. However, it should also be noted that a significant number of creators (primarily academics) place a far higher value on dissemination of their creative work rather than direct reimbursement for the use of the work.
In addition, new ideas and knowledge will not readily benefit a society if their transmittal is limited. Only when knowledge is learned, discussed and added to by students, researchers, scientists and the ordinary citizen, is its value truly appreciated.
The means of furthering the public interest are frequently under tension: on the one hand, the rights owner is given control of the dissemination of his or her works; while on the other hand, the rapid and wide-spread dissemination of information contained in these works is also to be encouraged. It is only by consciously and properly balancing these two competing concerns that a copyright regime will maximise both the creation and communication of new knowledge and ideas.
This need for balance can be seen in the Universal Declaration of Human Rights, which recognises both sides of the equation as vital to humanity. The protection of the labour of authors is guaranteed by Article 27(2): ‘Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.’ While the right of all to share in the cultural and scientific output of humanity is similarly guaranteed by Article 27(1): ‘Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.’
IFLA strongly endorses the notion that copyright must be balanced. The ‘IFLA Position on Copyright in the Digital Environment’ states:
“Librarians and information professionals recognise, and are committed to support the needs of their patrons to gain access to copyright works and the information and ideas they contain. They also respect the needs of authors and copyright owners to obtain a fair economic return on their intellectual property. Effective access is essential in achieving copyright’s objectives. IFLA supports balanced copyright law that promotes the advancement of society as a whole by giving strong and effective protection for the interests of rightsholders as well as reasonable access in order to encourage creativity, innovation, research, education and learning.”
The importance of copyright balance and the role of the library
There are many supporters of strong intellectual property rights today. Media companies and their trade associations view ever increased rights for copyright owners as the best way to maximize their potential revenue. It is somewhat harder, however, to find equally prominent defenders of the other half of the copyright balance, namely the needs of the public to have reasonable legitimate access to copyright material. This can be attributed to some degree to the fact that many advocates of stronger rights for copyright owners have a financial interest in such an outcome. The wider public interest in being able to access this material is more diffuse and usually has no direct economic motive and so is less likely to attract professional advocates. The library sector, however, is proud to view itself as a custodian of the public interest in this regard.
Libraries are major purchasers of copyright protected works, both analogue and digital, and make such works available for patrons to browse, read and use. Librarians and information professionals do, where possible and to the best of their ability, protect against copyright abuse of library material in collections.
Access to knowledge is vital for a number of reasons:
- A full and comprehensive exchange of information is necessary for the functioni