   
Minutes of The Copyright and Legal Matters Meeting at IFLA, Amsterdam, August 16, 1998
- First Meeting
Draft (to be presented in Bangkok, August 1999)
Present:
Marianne Scott (Chair)
Mituakia Amino (Japan)
Frode Bakken (Norway)
Graham Cornish (Secretariat)
Françoise Danset (France)
Elena Eronina (Russian Federation)
Nuria Gallart (Spain)
Elda Monica Guerrero (Mexico)
Tuula Haavisto (Finland)
Annabelle Herd (Australia)
Kaiju Tammaru (Estonia)
Cynthia Hill (U.S.A.)
Liu Kejing (China)
James G. Neal (U.S.A.)
Kjell Nilsson (Sweden)
Sandy Norman (United Kingdom)
Ann Okerson (Resource Person)
Roger Parent (Resource Person)
Borge Sondergard (Denmark)
Gary Strong (U.S.A.)
Tuula Haavisto (Finland)
Apologies for Absence:
Galina Pekhota (Belarus)
Vit Richter (Czech Republic)
Kaiju Tammaru (Estonia)
Elizabeth Watson (West Indies)
Paul Whitney (Canada)
Tommy Yeung (China)
1. Welcome
The Chair welcomed everyone to the meeting and said how pleased she was at the good attendance. She had already received apologies from five members. She hoped that this first meeting would prove to be of an exploratory nature enabling the Committee members to get to know each other.
Agenda
Although a draft agenda has been circulated, further items could be added if required.
2. Overview of role and work of the Committee
Mandate
The mandate of the Committee is contained in the September 5, 1997 Resolution of Council that the Executive Board establish a Committee on Copyright and Other Legal Matters that will advise IFLA and its constituent groups with respect to:
- Copyright and Intellectual Property
- Economic and trade barriers to the acquisition of library materials
- Disputed claims of ownership of library materials
- Authenticity of electronic texts
- Subscription and license agreements
- Other legal matters of international significance to libraries and librarianship
Structure
There is presently a platform group (or Steering Committee) consisting of Graham Cornish, Edward Valauskas, Nancy John and Marianne Scott.
- Are any other groups required?
- Many decisions should be made at the next meeting when issues have been addressed
Membership
IFLA invited all Association members to nominate a representative from their countries. The Executive Board accepted all nominations received by the deadline. Some names came in after the deadline and have been added as technical observers. More names can still be added.
Representation
Other organizations are working in this area. The Chair suggested waiting awhile before adding formal representation from other organizations but would be interested in any suggestions from members of organizations to be considered.
Frode Bakken felt that FID, EBLIDA and similar groups in the United States and Australia should be considered. This would help in having a united voice internationally, e.g. at WIPO meetings.
Copyright
- The Chair prepared a list of all sections and divisions mentioning copyright issues in MTP 1998-2001. It was pointed out that other sections are addressing copyright issues but have not mentioned it in MTP. It was agreed that the Secretariat would write to each Secretary and ask for details.
- Action: Secretariat
The Chair asked each member to voice any issues and concerns. The following points were raised:
Bootlegging of materials - of a popular nature rather than academic. The United States does not want companies to bootleg their materials but, at the same time, the U.S.A. must not bootleg materials from other countries.
IFLA role - IFLA needs to decide what role to take in political and legislative initiatives
- what level of advice to provide
- how IFLA is represented in international areas in future
- how aggressively to promote fair use globally
- how to deal with technological details - develop and understand Electronic Copyright Management Systems (ECMS)
Electronic environment - issues:
Identification of copyright owners in an electronic environment. Devices which will circumvent copyright protection in a digital environment is an issue.
Copyright and preservation in the electronic environment.
General provision for fair use in the electronic environment.
Authenticity of electronic documents.
Fair Practice in Copyright - not challenging owners' rights but safeguarding interests of users.
Importation of information (Florence Agreement)
Government Taxes - on a subscription for a book containing a CD, taxes have to be paid before the CD can be available.
Databases coming into the country are taxed at 22 1/2%
Multilateral Agreement on Investment (MAI)
MAI effect on libraries
Economic trade barriers - what is allowed to be done with books bought outside of the EU.
Licensing
Licenses in general in an electronic environment.
Model licenses and publishers - some institutions entering into these agreements are creating very important precedents. Many agreements are being made which will set a pattern. It is important to keep control.
Copyright acts need to include clauses that will not be overridden by licenses.
Licensing organizations prey on institutions who may know little about copyright and threaten them into taking out unnecessary licenses.
Identify different library types as different approaches needed. Identify political issues such as educational and regional policies.
Licenses may not be in libraries' best interest - they are signing them too easily.
Mergers of information providers: when is this of importance and what data is needed
The impact on costs of mergers and acquisitions in the legal publishing field.
Network of Experts
There needs to be a network of experts so that IFLA can be represented at all relevant international meetings.
In some cases, experts need to be lawyers but also need to have a close understanding of library issues. Lawyers also can be very expensive.
Some organizations do employ full time lawyers. Some have librarians who are also lawyers.
- The IFLA Executive Board may be prepared to pay for some expert service to the Committee. A form of 'job description' needs to be drawn up in order that each member of the Committee knows what sort of person the Committee is looking for. Sandy Normal and Jim Neal volunteered to prepare one. This will be sent to each member in September - members to respond with suggested experts, available either free or as paid advisers.
- Action:
Other Legal Matters
Privacy problems - some countries have special clauses regarding confidentiality of library services. This will be even more pressing when ECMS come into play.
Publishers Liaison Committee (PLC)
The Professional Board needs to look at the overlap with CLM. The PLC was originally set up to follow on from IFLA Copyright Committee. Boundaries now need to be defined.
PLC could have a list of input for CLM who are a policy making Committee.
Not ideal to separate traditional book area from electronic environment - could consign PLC to archival material.
Continue with original remit aside from copyright.
CLM to concentrate on legal issues.
PLC to concentrate on practical pragmatic issues.
DRAFT
Sept. 22/98
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