Study on Copyright Limitations and Exceptions for Libraries and Archives

This study of copyright exceptions for libraries and archives provides an overview of the nature and diversity of statutory provisions in the copyright law of the 184 countries that are members of the World Intellectual Property Organization. WIPO commissioned Dr. Kenneth Crews to conduct this study, and he presented the findings the WIPO delegates at a meeting of the Standing Committee on Copyright and Related Rights, in Geneva, Switzerland in November 2008. For the first time, it gathers library exceptions from nearly all WIPO countries and provides an analytical survey of the law. The statutory exceptions for libraries primarily address such issues as reproduction of copyrighted works for purposes such as private research and study, preservation and replacement of materials, and document supply and interlibrary lending. Some countries have statutes on the 'making available' of copyrighted works. This study also encompasses library exceptions to the prohibition against circumvention of technological protection measures.Of the 184 countries in WIPO, the research for this project collected current and translated statutes from 149 countries. Of those countries, 128 of them have at least one statutory library exception, and most of the countries have multiple statutes addressing a variety of library issues. Twenty-one countries have no library exception in their copyright law. (Three additional countries have no copyright law and hence no library exceptions: Afghanistan, Laos, and the Maldives.) These basic statistics demonstrate the widespread prevalence of library exceptions, suggesting that they play an important role in the law and in facilitating library services. The fact that statutes tend to center on pursuits such as research and preservation also suggests that copyright law has an important role in the ability of citizens to have continuing access to the rich variety of materials held in libraries.The statutes differ greatly from one country to the next. The statutes can be distinct in nearly all respects, from their scope of applicable libraries to the specific activities encompassed. Among statutes on one topic, such as reproduction of materials for research, the statutes set widely divergent standards with respect to the scope of materials that may be copied, the conditions and requirements for making the copies, the possible application of digital formats, and the circumstances under which the copies may be delivered to and subsequently used by individual researchers. These great variations among the statutes are one of the most important findings of this study, but patterns among the statutes are also evident. Some of the patterns are historical, such as the influence of British law in many countries. Other patterns are regional, such as the trend in many African countries to have either no library exception or a fairly general provision permitting libraries to make copies of works without many detailed requirements. Some patterns are the result of regional cooperation, most notably the European Union. As a result of a European Union directive from 2001, the library exceptions among the twenty-seven members of the E.U. bear some similarities to one another. Nevertheless, some E.U. countries have added their own distinctive touches to the legislation, leading to important variations among statutes drafted even in a context where harmonization of the law is a priority.The specific terms of the library exceptions reveal much about the relationship of copyright law to library services in different countries. These statutes do more than simply govern library activities. They are a reflection of cultural, historical, and economic objectives. Sometimes those objectives are in conflict with one another. The statutes are therefore often a compromise among competing interests, typically permitting libraries to make certain uses of copyrighted works, while setting limits and conditions to protect the interests of copyright owners, publishers, and other rightsholders. This study presents the law as it exists today, but it should establish a foundation for future studies related to the origins, purposes, and effects of the copyright exceptions. This study should also generate discussion about the feasibility and future of library exceptions. Many libraries may be served well by statutes allowing single copies of materials for research or limited copying for preservation. Other libraries are struggling with issues that usually reach beyond current law, such as large-scale digitization of collections and automated harvesting and collecting of Internet-based resources. The character of library exceptions today may offer good indications of the issues and complications that lie ahead as lawmakers begin to explore anew the expanding range of copyright issues affecting libraries.The full report in English, French, and Spanish is available at:http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192