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Copyright protected materials (Summary)
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SCOPE 

The issues dealt with in this guideline include:
Be aware of what copyright means
What are the rights?
Differences in legal traditions
EU Harmonisation
Copyright and access
Copyright and preservation
Copyright and technical protection systems
Guidance on planning a library network

POLICY ISSUES

This guideline is intended for policy makers in public libraries in order to ascertain the relevant issues and best practices on copyright compliance. 

• It is also intended for professional library associations in order for them to give guidance to their members, to have evidence when lobbying governments and liaising with rights holders for appropriate changes. It can also be used as a reminder to governments that copyright must not be forgotten when planning national public library networks.

• This is a guideline only and does not constitute and is not intended to replace appropriate legal advice. Such advice should be sought when and where necessary. 

• Copyright is a complex subject and it is essential that public librarians avail themselves of as much knowledge of their own copyright law as possible.

• There are several issues to be aware of when using copyright protected works in the library collection. 

• These are outlined in this guideline together with some points to consider when planning a digital library network. There is no doubt that formulating copyright policy will bring many challenges to any public library network. 

Be aware of what copyright means
Copyright, or authors’ right (droit d’auteur) is an intellectual property right which is given to creators of works of the mind (authors, artists etc) for a fixed period of time during which time they have protection against unauthorised exploitation of their works. National copyright laws are based on the principles contained in international treaties and conventions. The treaty which forms the basis of the current international copyright law is the Berne Convention (Berne Convention for the Protection of Literary and Artistic Works). Berne has been revised several times since its inception and there have been several other treaties covering other works. Two more treaties were adopted in 1996 bringing copyright protection into the digital age i.e. WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). As well as strengthening the rights of performers and record producers, there were new rights added. In the Copyright Treaty (WCT) a new Right of Communication to the Public, also called the Internet Right, was added (See Links).

What are the rights?
Authors are given a set of exclusive rights to exploit (sell, assign, license) how they wish: reproduction right, publication right, adaptation right, rental and public lending rights, public performance rights, broadcasting and making available on public networks rights. Attached to these are moral rights, notably the right to be identified as the author of a work (paternity right) and the right not to have a work treated in a derogatory manner (integrity right). The collections in Europe’s public libraries, whether in print, analogue or digital form (including databases, intranets and websites), are all protected by copyright law. 

Differences in legal traditions
Countries on the European mainland follow civil law, whereas the UK and the Republic of Ireland along with other English speaking nations (USA, Australia, South Africa etc) follow common law. Under civil law, authors have an inalienable right to their intellectual property. In other words, it is part of their civil rights. Under common law, copyright is not an absolute right: it is granted only by law. This is an important distinction and is a reason why harmonisation of copyright across EU Member States can be difficult. UK and Ireland fair dealing and the American fair use are examples of differences. The civil law countries do not have such concepts. 

EU harmonisation
Since 1988, the European Commission, with the single market in mind, has followed a programme of harmonisation of copyright laws across the EU with the result that although copyright laws of Member States are not identical, they are very similar. The differences usually lie with the exceptions and limitations (see below). Each nation has its own traditions when allowing copying and use. However, following implementation of the EU Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society at the end of 2002, they will be constrained by the proscribed limits on exceptions. 

Copyright and its effect on access/the exceptions and limitations
Copyrights are not absolute rights and most countries in the world recognise the need to limit the exclusive rights given to authors in certain specific circumstances. These limitations and exceptions ensure that access to information to further the public interest in research, education and other important policy goals are not subject to unnecessary copyright restrictions. Librarians worldwide believe that certain exceptions are essential to ensure equal unhindered access to information and cultural heritage. See IFLA Position Paper on Copyright in the Digital Environment. 

Without such exceptions, copyright would be a monopoly. Only balanced copyright laws will promote the advancement of society as a whole by giving strong and effective protection to authors and rights holders as well as providing reasonable access to users in order to encourage creativity, innovation, research, education and learning. 

Home | The Public Interest in Access to 
Copyright protected materials (Summary)
Full Text: Page 1 | Page 2 | Page 3 | Page 4