CIS Statement (on Technological Measures of Protection) at 27th SCCR on Limitations and Exceptions for Libraries and Archives
The 27th Session of the WIPO Standing Committee on Copyright and Related Rights is being held in Geneva from April 28, 2014 to May 2, 2014. Nehaa Chaudhari, on behalf of CIS made the following statement on May 2, 2014.
This statement was in response to the Chairperson seeking NGO inputs specifically on "Technological Measures of Protection", which is topic 9 of Working Document SCCR 26/3.
Thank you, Mister Chair.
We believe that in an environment where much of the preservation and dissemination of knowledge by libraries and archives is in the digital format, having a limitation and exception provision as regards this particular provision of TPMs in this international instrument is integral; and we echo the Canadian Library Association and The Charted Institute of Library and Information Professionals among others on the need for such an exception.
TPMs have the potential to override any fair use or fair dealing exceptions in copyright; and would render much of the discussion that we have been having over the past two days and at earlier sessions of this Committee, redundant, were where such an exception not to be talked about along with other exceptions that we are discussing for libraries and archives. TPMs may prevent end users from using works in ways that are allowed under fair use or fair dealing provisions- permitted exceptions in copyright law. If for instance, TPMs were in place on master copies of files that were obtained by libraries and archives, these institutions would not be allowed to carry out basic preservation activities such as file format migration which in turn would limit the life span of the master files in question and also render access to these files difficult (if that's the word that I could use); which in turn defeats the very purpose of preservation and access to knowledge by libraries and archives.
Therefore Mr. Chair, we think that the suggestion echoed — that the suggestion made by KEI earlier, that Article 7 of the Marrakech Treaty that deals with TPMs would be a logical — could be a logical step forward, and we think that there is merit in that statement, and we would like to align ourselves with that statement.
Thank you, Mr. Chair.