IN THIS DOCUMENT:

Introduction

Information for all

Document delivery

Lending

Preservation and conservation

Effective International Control

Position paper on copyright in the electronic environment

PRESS RELEASE: for immediate release
October 1996

The following Position Paper on Copyright in the Electronic Environment was approved by IFLA's Executive and Professional Boards during the 62nd IFLA Conference in Beijing, China, 25-31 August 1996.

Introduction

IFLA recognises that the provision of access to information depends on properly functioning national and international networks of library and information services. The development of the digital information infrastructure brings with it unprecedented opportunities for providing education and entertainment and improving trade and business links.

Librarians are responsible intermediaries between rights owners and end users. Librarians respect copyright. Librarians take copyright seriously as it affects all the material held in libraries. Librarians are in a prime position to facilitate the flow of information within and between all sectors of the community. Librarians are catalysts for the flow of information in a community. They educate users about copyright and the use of copyright protected material.

IFLA believes that:

• Librarians are crucial to the access to electronic information.
• This role needs to be protected and enhanced.

The following is a position statement on copyright in the electronic environment on behalf of librarians and information staff worldwide.

Information for all

The benefits of new technologies should be available to all - the public, copyright holders and librarians. Information should be accessible regardless of format.

Copyright stimulates intellectual activity and should not prevent access to information and ideas. Ideas residing in information in digital format should not only be available to those who can pay. Unless librarians and individual end users have clear rights, without prejudice to the legitimate interests of rights owners, this will create a greater divide between the information rich and the information poor.

IFLA believes that:

• In national copyright legislations, exceptions, allowed in the Berne Convention and other similar copyright conventions, should be revised if necessary to ensure that permitted uses apply equally to information in electronic form and to information in print.

IFLA believes that:

• For copying which exceeds that allowed under such specified exceptions, there should be administratively simple payment schemes.
• For works in digital format, without incurring a charge or seeking permission, library users should be able to:
  • read, listen to, or view publicly marketed copyright material privately, on site or remotely;
  • browse publicly available copyright material;
  • copy, or have copied for them by a librarian, a reasonable proportion of a digital work in copyright, for personal or educational use.

Document delivery

In this digital age, users expect to obtain information without delay. With more and more information available electronically, users expect information to be delivered digitally. Librarians want to meet the needs of users, but are frustrated by copyright.

IFLA believes that:

• It should not be seen as an infringement of copyright for librarians to make digital copies of copyright works and store them temporarily as part of an electronic document delivery service.

Lending

Lending, the activity of making documents available for use for a limited period of time for non-commercial purposes, is an important part of a librarian's role. 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 promotes commercially packaged information and encourages sales. Libraries are, in effect, catalysts for the sale of information in all of its formats.

Any legal or contractual restraints put on lending would be to the disadvantage of rights holders.

IFLA believes that:

• The lending of published electronic resources by libraries for cultural and educational purposes should not be restricted by legislation.
• Legislation should prevent the setting of terms by suppliers of published electronic resources which aim to restrict the reasonable lending of such resources by librarians.

Preservation and conservation

Libraries collect and preserve information. In fact, the responsibility for preserving information and culture belongs to the library and information profession. Technology is essential to this responsibility.

Librarians, along with creators and publishers, are concerned about the long term integrity of information in all of its formats. For electronic information this integrity will be difficult without proper archiving.

Librarians should be able, as with printed material, to copy electronic information for preservation purposes, when it is not commercially available.

IFLA believes that:

• Legislation should give librarians and archivists permission to convert copyright protected texts and images into digital format for preservation and conservation related purposes.
• Legislation should also cover the legal deposit of electronic media.

Effective international control

Access to information, rather than control of information increases use. Indeed, studies have shown that too much control of information is counter-productive. Copyright protection should encourage use and and creativity, not inhibit them.

IFLA believes that:

• An international agreement on the movement of digital intellectual property across national boundaries is vital to enable an unrestricted flow of information.
• Such an agreement must strike a balance between technical controls and access for legitimate users.

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