Centre for Internet and Society

Archive and Access: The Archive and the Indian Historian

aparna — 2011-08-23T04:44:44Z

This post is the second in a series by Aparna Balachandran and Rochelle Pinto. It comes to the question of how we can extend some of the questions and concerns that have arisen around contemporary archives to the documentary archive. It argues that the conventional understanding of the print archive as a fragile, irreplaceable national cultural legacy is a limited one and tries instead to rethink questions of ownership and access, issues thrown up in sharp relief by the digital archive.

If we could eavesdrop on informal conversations between historians on their use of state-owned archives outside of metropolitan centres, we would probably chance upon a rich trove of stories. Many of these would have to do with the tragi-comic experience of accessing, finding and handling precious material that is sure to not survive the conditions in which it is stored. The uppermost thought and feeling when working in a small archive in India, therefore, is usually an anxiety about the mortality of the document.Yet, the conditions of preservation are scarcely the only concern when we approach the question of the archive here. In fact, without embedding the archive in the many questions surrounding it, it is unlikely that issues of preservation can be broached fruitfully.
Of late, a proliferation of questions and concerns around contemporary archives has foregrounded some of the assumptions underpinning print archives.* These could be seen as a development on the perspectives that have disrupted the sanctity of the historical document in itself. The place of the archive has been assailed from many quarters, whether from the Foucauldian suspicion of the logic of the archive, or from the critiques of history that point to the divide between history and memory, public and private, or, from the subaltern perspective, between history and other ways of experiencing time.

One strand of this critique that emphasises the constructed nature of the archive, as against viewing it as a precious and accidental trace, also emphasises the variety of users and uses that open archives enable.** Archives of the contemporary that allow users to catalogue, edit, comment and add their own data pose some challenging questions to more conventional approaches to archiving.

If we could typify a ‘conventional’ approach, it would be one that sees manuscript and paper archives as a source for researchers alone, or as a pedagogic appendage, or as a national legacy, held permanently in safekeeping away from those whose psyche it is supposed to buttress. For the historian-researcher, the view of the archive as a precious and irreplaceable trace from the past is an instinctive reaction to handling an ‘original’ document. It is that instinct that makes the question of whether or not the state can and should be a repository of the archive a tortuous one. If we revisit the print archive with questions emerging from contemporary archivists, it is still difficult to detach oneself from the compelling fragility of the document. Its potential transience in fact reinforces the idea of its accidental survival from a ‘different’ time and space, and the need to restrict its handling to a careful few. The historical document in an age of mechanical reproduction threatens to remove from the historianś grasp the experience of handling the original.Yet most historians would probably agree that as a generality, taking an average archive into consideration, the state’s role in preservation could until recently be summed up as exercising tight control over disappearing documents.

Most of the conceptual questions that are implicit in the critique posed by contemporary archivists are not new to historians. However, efforts to extend this to the material existence of the archive have not had the same success, and this is where there seems to be a gap between what contemporary and non-contemporary archivists are able to do. A very different picture is conjured up by the contemporary archive with the potential access it offers to non-specialist users. The uses and needs that emerge from non-specialists cannot be imagined in the context of the state archive. Often, though this is not usually made explicit, the imagination of the contemporary archive, dislodged from the sanctity of the national, pedagogic or academic ideal, implies a digital format and the increasing possibility for the user to recategorise and signpost different aspects of a collection.

While archives of the contemporary are not necessarily celebratory, and often indicate the differential access and rights of digital publics, they nonetheless do not address those areas that the conventional historian is most familiar with.*** All of these skirt around the relatively unreachable government archives, or privately held collections. The transition from print to digital format does not ensure that issues of state ownership, access and generating potential different users for archives will be addressed. In fact the Indian historian who is the bridge between the University and the state archive can only too easily imagine continuity across the transition to another technology.

On another note, the transition to digital technology and private ownership has actually presented the historian in India with a further quandary. The digital archive in a well-funded private university setting such as can be found in the US, or in a state institution as in the UK enables holding organizations to use digital technology to ‘complete’ their archival collections, drawing in private collections from countries that cannot afford preservation and enhancing their own closed holdings. While such institutions cannot have access to Indian state archives, it is an indication that technology alone does not resolve questions that require another sort of intervention.

The question at hand:
It may be well to set aside a nationalist perspective here, for it can be argued that those forbidden by the Indian government from accessing pertinent archives are well served by the fact that these exist elsewhere. The issue here is that while currently the archives continue to be housed and controlled by national institutions, we probably cannot retain this nationalist perspective to address the question of archives anymore. Aside from being positioned between two approaches: a rapid acquisition policy with respect to private holdings, and a relatively inaccessible state policy, we could also be seen as the (illegitimate?) repository of other national holdings. For instance, the Central Library in Goa at one point in time was the holding library for Portuguese empire in the ‘East’ or the Estado da Índia. It therefore has a large collection of official government publications from Africa. Communities disaffected from the nation see their archival holdings as illegitimately if safely housed in dominant regional libraries. Each area could possibly produce varying positions vis-à-vis the nationalist perspective and not just about illegitimacy of ownership. These will be rendered untenable if one sustains a singularly nationalist perspective on the archive What is at issue is that we currently have a restricted number of print archive models at hand. The most dominant are the stateist and the knowledge economy model.

The knowledge economy model seeks to make a single repository such as a well-funded University library the single largest holding of historical material; an asset into which other Universities can buy. As an instance, we could cite the South Asia projects of the University of Chicago, which, while it makes funds available to rescue private collections from disappearance, also has a centralizing vision that converts archival collections into a private asset.**** How do we, as historians of India (and perhaps necessarily Indian historians) situate ourselves with respect to these two models?

Quite simply, we, as an assorted group of users, don’t have the resources to buy private archives, and would be opposed to (in any case untenable) state control over these. As a first move, there is a need to shift from seeing ourselves in relation to the state archives alone, or as a relatively silent entity positioned between the state and the knowledge economy, dependent on individual research grants for access overseas archives.
We could instead consider the possibilities that technology holds out to enhance control, centralization and exclusivity, or to dissipate it. We could focus on questions of access; on who potential users are; on mutually recognized open access policies between institutions, and on finding interest groups and archive-related projects and other contexts for use of the archives.

A discussion on state and private collections may have to consider different approaches and collate different kinds of information to be able to intervene in defining the possibilities of archiving. Most fundamentally, these approaches would stem from considering who the current owners – economic, ethical, political – of these archives are, and who they could possibly be, what could take and what routes of dissemination they could have?A conceptualization of a notion of commons, or public good may be a beginning point to envisage who owns the archives, who cares for them, who uses them, and how.

*By contemporary archives we refer to those housed by SARAI in Delhi or the recently launched Pad.ma (Public Access Digital Media Archive), an open access video archive that allows users to catalogue, edit, comment and add their own data.
**See for instance, Arjun Appadurai’s ‘Archive and Aspiration’
***See Lawrence Liang, ‘Global Commons, Public Space And Contemporary Ipr’
**** See the proposed Urdu Research Library Consortium into which members can buy shares.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-cyborgs/the-archive-and-the-indian-historian

Archive and Access: Documents in the Time of Democracy

rochelle — 2011-08-02T05:45:44Z

This is the seventh in a series of blog posts documenting Aparna Balachandran, Rochelle Pinto, and Abhijeet Bhattacharya's CIS-RAW project, Archive and Access. In this entry, Rochelle Pinto introduces a sub-set of posts that will look at the political significance of public access to official documents on the internet.

Contemporary conflict over land brings together issues of land ownership, legal documents and technology in ways that make us examine the circulation and political significance of documents and information. If we assess the relevance of documents as evidence or as verifiers of truth in the midst of political battles over land, we are led to doubt the apparently inherent democratic promise of digital technology. Even where internet technology is accessible, for instance in the modernised villages of Goa, our belief that public access to official documents through the internet is a democratic gesture can be questioned. It would appear that this form of circulation or display need not have great political significance for contemporary movements, let alone the question of whether it has the potential to function as a politically liberating force. This implies that while there is a fulfilment of democracy in a technical sense, the political significance of a particular document and of the public domain in which it circulates can only be gauged from the way in which a dispute over land or over ownership of property, or about membership within a village, foregrounds one kind of document over another and constructs different kinds of public. In the case of current disputes in Goa around land that is, or was held by village level communidades or gaunkarias, there is not even a stable or singular legal meaning attached to the range of documents that circulate among the competing authorities and parties to these disputes. In fact, tracing the life and path of the different legal documents that are necessary to argue a case involving communidade land involves a tangle of authorities, repositories and disputing groups. The sense of publicness that is raised by internet technology requires us to question the kind of politics that endows the document and its publicness with political meaning.

In a national and possibly international situation where anti-state claims on land are often non-legal (whether in the form of ethical arguments or armed rebellion) the current conflicts over land in Goa are local in the sense of having specific attributes. Special Economic Zones (as also other prior forms of transnational economic flows) propagate a delinking of life, labour, and capital from any fixed political entity, in as far as they claim immunity from national laws. Against this, the diverse claims on land in Goa (whether as familial disputes, environmental conflicts, livelihood arguments, belongingness and historical claims of being indigenous), raise overlapping claims and arguments about the relation between legality and politics, the use of internet technology within resistance movements and rights over land that are outside the domain of private property. All of these resonate with similar conflicts ongoing in other parts of the country, with some differences in the kinds of opposition generated.

The overall thrust of the argument made here is that movements that are pitted against the state or the multinational entities it supports straddle various forms of state power. Currently, we tend to see these divided into the formal exercise of power through law, regulation, and systematization, and the exercise of power through non-legal and non-state entities and means. The widely perceived illegitimacy of the state requires it to engage in two forms of political representation – the one consolidating its use of governmentality through law, the other effecting its sovereignty through a substantive exercise and demonstration of power. The appearance of legality and the lacing through of all political processes with due procedure and due documents is important to sustain some measure of governmentality, while the domain of substantive politics requires that rule be maintained through overt coercion and expropriation. The two domains are not disconnected. The ability to amend laws by an act of government, without due discussion or consensus gives the state infinite licence to bolster its acts of violence with legality. The gap between these two domains provides an element of unpredictability and turbulence that generates the frisson of excitement for viewers (as against the sufferers) of Indian state politics. For, the sheer existence of forms of governmentality implies that those equipped to do so will demand the fulfillment of the liberal project that the state claims to be bound by. The Right to Information movement and the innumerable human rights reports and people’s courts are instances of the state being called to order within its own terms. If these calls threaten to jeopardise interests beyond a certain threshold, then substantive violence is enacted, more often than not exceeding the bounds of legality. Those who oppose the state but whose opposition is articulated within the terms of governmentality find themselves condemned to demanding justice or the restitution of truth over decades. The success of the state however lies in its ability to negotiate both these forms of power, allowing it to insert itself into dominant global currents in politics and economy, while keeping its house in order at home. This gap and its bridging is made visible through a range of events, patterns and pronouncements. The unstable status of the document as the locus of truth and evidence, in the context of legal and political conflicts reveals this gap. Differing forms of punishment and justice are not the only markers of ill-fitting forms of power. Ethically admissible claims that are not based on rights, made by non-state entities that have no legal recognition are also caught on the side of all that lies outside the domain of modern statecraft. Internet technologies that work to make what was hitherto hidden or inaccessible more 'public' are necessarily inscribed within this network of quasi-legal, legitimate, illegal and illegitimate entities and practices.The working of technology then has to be understood through the idea of governmentality as a language of control and subversion. This is further qualified by the fact that the discourse around writing and regulation has always been viewed with suspicion by those who stand outside its circle of power.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-cyborgs/documents-in-the-time-of-democracy

Archive and Access: Digitisation and Private Records--The Case of the Regional Archive

sachia — 2011-08-23T04:32:07Z

This is the first in a series of posts by CIS-RAW researcher Aparna Balachandran on the Tamil Nadu Archives (TNA), looking at different aspects of their functioning in order to think about the issue of access in relation to regional archives in the country. More specifically, these posts will engage with the relationship of the TNA with the ways in which history is thought and written about in the Tamil region, both within the academy and outside. These posts are part of the CIS-RAW project 'Archive and Access'.

One of the less known functions of state archives in India is the periodic acquisition of records from the general public at regular intervals. These are in the form of voluntary contributions that are solicited through advertisements for particular kinds of private collections, depending on the nature of the archive and what its administrators think is a useful and appropriate addition to it. On our visit to the Delhi Archives we were explicitly informed that this was a place for collections or documents pertinent to the interests of the Delhi Archives, but the Delhi Archives were emphatically not interested in what was of 'national significance'. Materials of the latter kind, we were told, were to be given to the National Archives of India. Unfortunately since the person in charge of the acquisition of manuscripts was away, we were not be able to obtain more information about how contributions are determined to be of importance to the Delhi archive or not and the process by which they are obtained, or see a list of what in fact had been obtained in this way over the years.

The Delhi Archives appear to function quite autonomously as far as the acquisition of records of this kind is concerned; the TNA on the other hand works through one of the Regional Committees for the Survey of Historical Records. These Committees, whose members include the Assistant Commissioners and Collectors of District Record Offices in different parts of the country, are the decision makers as far as private records are concerned; a registry of these records is maintained at the National Archives. According to the Citizen’s Charter of the TNA, the Committee’s aim is to 'to survey and collect the rare records of historical administrative, legal and fiscal value in the hands of private persons to strengthen the history of India and to bring to light such records… to preserve them for posterity'. These records have to specifically pertain to the period before 1947; examples of contributions that would be welcome include 'palm leaves, copper plates, letters of high dignitaries, deeds, correspondence volumes, books, journals, etc., relating to the freedom movement, photos, any assignment of lands to the East India Company, or the British, religious customs, endowment of property to any charitable purpose, deed of Zamins, Polygars, Newabs, Samasthanams, Rajas, any notable events in the British Rule, etc'.

The acquisition of materials of this kind at the TNA ceased at least twenty years ago. The TNA does keep a list of these materials, and after some pleading, I was able to take a look at it (although the names of many of the contributors are now missing). They include for instance, the Pudukottai Residency records; various zamindari records including for instance, Sengampatti and Ramnad; Portuguese documents (Regimento Auditorio; Ecclesiastico de Archbispado Primacial de Goa Eda Sua Relocao Anno 1810); a collection of papers relating to the late Chief Minister and film actor MG Ramachandran (MGR); autographs and photos of nationalist leaders as well as sundry Hindi and Persian documents. The person in charge of these records explained that the criterion for accepting contributions was above all, their age. He mentioned the fact that many a contributor was turned away when they had collections pertaining to the post Independence period (the MGR papers being, of course, an exception to this rule). The issue of regional relevance that was emphasised in the Delhi Archives was not brought up here at all. It is interesting that after the linguistic re-organisation of South India, there was an attempt, following an assumed political and linguistic logic, to separate and distribute the holdings of the TNA to Kerala, Karnataka, Andhra Pradesh and Orissa. This logic does not extend to the private holdings which are required to be of national rather than regional significance.

One problem that clearly surfaced in the course of my looking at the acquisition of private records by the TNA is the lack of any sort of formal legal arrangement between the families that possess collections and the institutions who wish to acquire them. This is particularly important because these collections often possess sentimental or other kinds of value for the families, which have to be acknowledged and respected even as they become part of public repository. The issue of digitisation also throws up various points. At a very basic level is the issue of conservation. While the TNA is digitising its holdings, private records are left untouched. It is unclear why this is the case; in all likelihood, it is because they are not considered a part of the TNA’s holdings. The archive is merely their guardian (this for instance is also true of land records which do not fall under the digitisation scheme because the TNA is merely “housing” these documents for the government). Given the eclectic nature and often geographically and linguistically diverse range of the private records at the TNA (and other regional archives), there is no doubt that users of archives would benefit greatly from online catalogues of these collections. And finally, while the official British themselves occupy little space in the public imagination of Madras, the range of private records the TNA possesses might well attract new users, both scholarly and lay, to the colonial archive.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-cyborgs/tamil-nadu-archives

Applications to the Ministry of Social Justice and Empowerment under the Right to Information Act

nirmita — 2011-08-17T08:50:22Z

The Centre for Internet and Society filed two applications to the MSJE under the Right to Information Act seeking certain information relating to the implementation of the National Policy for Electronic Accessibility and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

In January 2009, The Centre for Internet and Society filed two separate Right to Information (RTI) applications with the Ministry of Social Justice and Empowerment (MSJE), New Delhi. The first application was addressed to Shri K. S. Sawhney, Director, MSJE, seeking information on

The utilization of 3% funds of each department of the Central Government towards welfare of disabled persons, as specified under the eleventh five year plan from January 2008
The detailed rules and guidelines and the monitoring mechanisms set up under each ministry as per this plan
Other RTI applications which had been previously filed in this regard

The second application was also to the MSJE enquiring about measures taken to ensure that government web sites were made accessible to persons with disabilities. Information was requested regarding

The nature and outcome of surveys on government web sites for checking accessibility
The criteria used for measuring accessibility
Details of the circulars issued to different departments and ministries in this regard.

With regard to the first application, MSJE responded broadly that information pertaining to the allocation of funds should be obtained from the concerned ministries/departments, the Planning Commission and the Ministry of Finance directly and not from them. The Ministry mentioned that the process of formulating guidelines was still underway and that the Chief Commissioner of Persons with Disabilities (CCPD), the Central and State Governments were empowered to monitor the progress of the same. The Ministry was silent on the enquiry about previous RTI applications filed in relation to the above matter by other persons.

In response to the second application the Ministry wrote that communication regarding the provisions of the UNCRPD had been circulated to all Ministries for implementation. The Ministry also admitted that no efforts had been made in this direction and since the CCPD was the body which was responsible for checking the accessibility of some government web sites, the application from CIS had been forwarded to CCPD for relevant action.

To read the application on allotment of funds, click here; to read the department's response, click here.

To read the application on steps taken to ensure accessibility of government websites, click here; to read the department's response, click here.

For more details visit https://cis-india.org/accessibility/blog/rti-applications-to-the-ministry-of-social-justice-and-empowerment

35th SCCR: CIS Statement on Limitations and Exceptions for Libraries and Archives

sinha — 2017-11-15T13:35:02Z

Anubha Sinha, attending the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017, made this statement on the agenda for Limitations and Exceptions for Libraries and Archives on behalf of CIS on Day 3, 15 November, 2017.

The Centre for Internet and Society, in agreement among others, believes that an international binding instrument to govern exceptions and limitations for libraries and archives is critical.

In several countries, their set of limitations and exceptions do not serve all intended beneficiaries in a comparably equal manner. For example, for the work of archives in India, there is very little that allows such institutions to do in terms of making copies for preservation and noncommercial dissemination. India, like many other countries here has a rich cultural heritage – and doing any activities with old audiovisual material involves identifying rightholders and clearing rights connected to orphan works and traditional cultural expressions as well. Imagine the onerous task of an archive of clearing all these rights in connection with appropriate agencies, and of course clearing additional permissions from authors and performers. In our research, we discovered that most archives in India miserably fail on this front, causing valuable material being locked in storage rooms for decades.

Needless to say, accessibility to this national wealth of knowledge in archives also supports the mission of libraries, museums and educational institutions and researchers.

So Mr. Chair, we strongly believe that an update to the international copyright system via a binding instrument would serve many countries well. It would empower all countries to fill in such deficiencies in relation to libraries, archives, educational and research institutions, museums and persons with disabilities.

Thank you, Mr. Chair.

For more details visit https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-limitations-and-exceptions-for-libraries-and-archives

34th SCCR: Observer Statements on Limitations and Exceptions for Libraries and Archives

sinha — 2017-05-30T05:55:43Z

Observers made the following statements on the agenda of limitations and exceptions for libraries and archives on 3rd May 2017.

International Federation of Library Associations and Institutions (IFLA):
Thank you, Mr. Chair. We congratulate you as leaders of body and looks forward to working with you to achieve the goals of the in the interests of the national copyright system. We thank the Secretariat for their hard work and IFLA is proud to have attended sessions of the SCCR for many years and gratified that Member States understand and support the role of libraries, archives and museums in promoting knowledge and the understanding of diverse cultures.

As the U.S. states and its principles document SCCR/26/8, exceptions and limitations facilitate the public service role of libraries and are executives maintaining the balance between the rights of authors and larger public interest, particularly education, research, and access to information that is essential in today's society. But that balance has eroded over time as rights holders have promoted fell ashes notion that copyright is primarily or only about protection of rights not the public good. In a world where information is increasingly borderless, as borderless as broadcast signals, the idea that issues related to access to information are local as one delegate astonishingly stated earlier this week is really incomprehensible and misguided. This is not to say, however, that local or national action is not needed as one element in the equation of access to information. In this limited sense, we agree that the exchange of national experiences in this body over the past several years has been helpful as have been the studies commissioned by WIPO from Professor Kenneth Crews which demonstrated the wide variation in exceptions and limitations existing in SCCR's Member States, including their absence in numerous countries. We applaud WIPO for commissioning these studies and urge that the Secretariat build on the studies produced by professor cruise to develop a regularly updated searchable database of exceptions and limitations for libraries, archives and museums to be accessible across borders so that legislators and citizens who do not attend these sessions can easily learn from other's experience on an ongoing basis. We further recommend that SCCR capitalize on the past sharing of Member States' national experiences and the suggested approaches in the Chair's chart of SCCR/33 by creating a draft law on exceptions and limitations for libraries, archives and museums in collaboration with all stakeholders so that there will be practical outcomes for recent discussions in this body. Such a draft law would draw on the committee's past discussions on the subject but not be binding or prejudice in any way the outcome of the committee's own work. IFLA stands ready to work with its colleagues in the archival and museum communities as well as with rights holders delegates to SCCR and the Secretariat to achieve this objective. As for our recommendations or reactions to the Chair's final chart from SCCR/33, IFLA supports this and we urge the Chair's chart be upped as a working document and certainly to the qua as an outcome of SCCR35. Finally in response to the proposal by the Delegation of Argentina, SCCR/33/4, we hope that the committee will request the Secretariat to prepare a study on issues related to limitations and exceptions for libraries, archives and museums and a cross-border context including digital uses. We are grateful to the Member States that have placed and maintained limitations and exceptions for libraries and archives on the SCCR agenda and look forward to continuing these discussions. These outcomes will affect access to information and knowledge for people throughout the world. Thank you, Mr. Chair.

Society of American Archivists:
Thank you, Mr. Chair, I will try to be brief. The Society of American Archivists, North America's largest professional archival organisation looks forward to working with you and your Vice Chairs. Our members manage billions of primary source works from across the global. SAA believes in the importance of WIPO's work because copyright is central to the mission of archivists. Archivists collect and preserve all types of creative works for one reason only, use. Most archived works, however, have never been in commerce, but people globally need them to maintain their culture, identity, protect Human Rights and support innovation through new creative works. If such works cannot be made available digitally, however, and across borders, they might as well not exist. Archivists and librarians are conscientious about copyright, but sometimes strict adherence to the law conflicts with our collections and our mission. For example, a 1970's collection of over 120 interviews of legendary jazz musicians are available for on site study in the archives of the U.S. research library, but, their general usefulness has been hobbled by unbalanced copyright law because the original copyright assignment mentioned neither derivative works nor the yet to be invented Internet. As a result, risk averse librarians and lawyers were unwilling to allow zing tall accessibility of the interviews. Although jazz cannot thrive without taking risks, an archivist's obligation to the future requires that we minimize risk. That's why we need reasonable exceptions to deal with the streams ambiguity inherent in our collections. Copyright is already perceived to be under attack. Can WIPO afford to torn away allies such as archivists? We have a very positive public approval rating from the very people that you need to reach. To keep archivists on board the development of exceptions for archives must remain on SCCR's agenda. To this end the committee's work should continue based on the previous Chair's chart and that chart should become a working document for the committee. Thank you.

Centre for Internet and Society:
Thank you, Mr. Chair. CIS works on issues of access to knowledge and other digital rights in India. I would like to share with you my experience which highlights the difficulty of building digital archives in India. Mr. Chair, earlier last year the government of India embarked upon the important project of digitizing the cultural audiovisual material stored in government and private collections to store material for preservation purposes, and set up a virtual network of these repositories to offer online access. My organization has been assisting them in this crucial public service mission. These works are oral traditions, dance, music, theatrical practices, cultural practices – all of which lie largely inaccessible and languishing in several small and large collections in India. Since, the Indian copyright Act does not contain an exception for the purposes of preservation by an archive; the entire project has suffered high costs in terms of money and time. Money, because the project had to get expensive legal assistance to set up processes to obtain rights clearance from all the performers who were a part of the works and copyright holders- some of which are orphan works, thereby compounding the problem. Further, partnering organizations also expressed legitimate fears of supplying their works, in case of a potential copyright and related rights violation that could implicate them with civil/criminal liability.

In such a scenario, for the benefit of other states to update their standards corresponding to this international legal instrument as well, it would indeed be useful to adopt the proposals mentioned in the document SCCR/26/3 that address these issues, and others. Thank you.

International Council of Archives:
Thank you very much, Mr. Chair. And the ICA congratulates you on your election and that of your Vice Chairs and we look forward to working with you. Archival institutions exist throughout the world. Governments, organisations and individuals create records to provide evidence of their actions to document their rights and obligations and to preserve their heritage. Archives acquire and preserve these documents and make them available for all to use as the raw materials for cultural, academic, social and scientific research. The nature of archival material presents a particular problem. Archives hold billions of copyright works that were not created or intended for commercial purposes. Because they were never published, the rights holders for such works cannot be located. For these reasons, collective licensing is not a workable solution. The archival mission to make their holdings available for research is ham strung by a web of inconsistent copyright laws that have failed to keep up with social and technological development. In this body systemic discussion of the eleven topics, archivists provided a rich array of real life examples that clearly demonstrate the need for exceptions, for mutual recognition by Member States of exceptions and limitations to copyright that would permit archives everywhere to serve an international audience. The results of that excellent work was summarized in the Chair's informal chart on limitations, exceptions for libraries and archives. Every creator benefits from the work of his or her predecessors. Knowledge of that earlier work comes largely from libraries and archives. Many of the rights holders represented in this room could not have created their works without us. Why would creators not wholeheartedly support exceptions for archives and libraries that would only benefit their work. Regrettably, we continue to hear assertions from some groups that national solutions are suffer. It should be abundantly clear by now that national solutions are far from sufficient. We need solutions that apply in a global network environment. And in that regard, Mr. Chair, the Chair's informal chart on limitations and exceptions for libraries and archives prepared at the end of SCCR33 refined and clarified the topics to be addressed and provides a practical approach to continue to move this initiative forward. We would support our IFLA colleagues called to have it adopted as a working document of the committee, and we would also support IFLA's call for a study of cross-border issues. Thank you, Mr. Chairperson.

German Library Association:
I congratulate you on your election as a Chair and I speak on behalf of German Library Association representing 10,000 libraries in Germany. Libraries and archives face a problem. There is a high level of the international copyright protection, on the other hand, there is no such uniformity in limitations. Limitations like the ones fixed in the already mentioned Chair's informal chart, for example, for preservation, lending, document delivery, are the basis of library services. But limitations and exceptions are like a patchwork of different national legislations. For every library service crossing borders that means to act legally library staff has to know about the limitations and exceptions not only in their own country, country of origin but also in the country of destination of that service. Respective to the German library index and university libraries in 2016 around 60% of the acquisitions were electronic in technical universities the portion of electronic acquisitions is even much higher. These numbers in international comparison are even low. We can assert that research libraries are digital more than they are paper based. In the electronic world, the problem is resources usually are only available after agreement on license stipulations formulated by the rights holders mostly. That means contracts are concluded. Contracts eventually can override the limitations and exceptions. This committee might agree on in one form or the other. The objective of facilitating cross-border library teaching and research services could be achieved by introducing an international mandatory instrument on limitations and exceptions. Another track to facilitate cross-border use could be the introduction of principles of harmonizations combined with a rule of mutual recognitions like proposed in the document of the Delegation of Argentina. Thank you, Mr. Chairman.

International Federation of Journalists:
The International Federation of Journalists congratulates, again, the Chair and Vice Chairs on their election and the members of the Secretariat for their diligent work. We represent about 600,000 journalists in 140 countries worldwide north and south. The International Federation of Journalists, of course, understands ts essential role of libraries and archives specifically we fully support them having the freedom to have copies for preservation. The International Federation of Journalists has repeatedly called for libraries and archives to have proper direct funding to do this themselves and not to be forced to subcontract digital archiving to commercial operations. The honorable representative of Brazil referred earlier this morning to the potential to extend the outreach of libraries and archives in unprecedents ways.. Of course, this, the making of works available on the Internet, for example, and on its successes is an important supplement to the vital role of libraries and archives in the education and training of many including journalists. But when it comes to libraries and are executives making copies of works available off the premises, that is is it not, a publishing operation? The International Federation of Journalists believes that the solution to this issue is collective licensing and necessarily capacity building to insure that efficient Democratically controlled collective licensing is available in all Member States and can deal with cross-border issues as the collective licenses that already exist already do. Many of those 600,000 journalists particularly those who focus on international reporting are poorly paid. Where there is such collective licensing it makes important contribution to their economic survival as independent professionals with their own essential contribution to make to the recording and preservation of our culture from within our cultures and not relying on foreign reporting. Thank you.

Knowledge Ecology International:
Thank you, Mr. Chairman and congratulations for your election. And for your Co-Chairs'. One thing I just wanted to mention as related to libraries is in addition to the excellent studies that have been done by Kenneth Crews and other people that have looked at library exceptions, I thought it might be interesting to have the chief economist or other people involved, but certainly the chief economist to look at the economics of the library industry. I think that we look at libraries as part of the research and development infrastructure for a country, not only as places people go to read novels, but an essential part of the competitiveness and ability for a country to have a strong high tech sector but also play an important role in the development. And it would be interesting to know what the assessment is because we hear it from other industries all of the time. They talk about the number of jobs in the film industry or the number of jobs. It would be interesting to know how many people are employed in different countries in the library sector, but also what contributions the library sector makes to the economic development of the country, and what challenges they face on pricing. The last point I wanted to make is that clearly there is a set of issues that it's really hard to reach on census on, and there is other areas where it's easier, I would think, to reach consensus on. This discussion of the archiving and the preservation of documents is a pretty good case. Certainly the making available of what's put into, what's archived and preserved in terms of documents, it's more challenging to reach consensus on that than it is to insure that people have adequate exceptions to merely do archiving and preservations. And I think that it would be unfortunate if in looking at their wide range of issues that are facing libraries, recognizing that there is a very inadequate set of exceptions in many countries according to the studies that have already been done, that people don't move forward in areas where consensus could be reached such as preservation and archiving because there are other areas that are more controversial. Thank you.

Electronic Information for Libraries:
Thank you, Chairman. I'm speaking on behalf of the Electronic Information for Libraries and I would like to thank you for giving me the floor and congratulate you upon your election to Chair this committee. I would also like to congratulate your Vice Chairs. We would like to thank the African Group, GRULAC, Asia-Pacific Group and the other delegates for having spoken of the interrelationship between the Sustainable Development Goals and the establishment of access to libraries and archives because emphasis is placed on access to information. Ladies and gentlemen, the Internet is global, but legislation on copyright stops at borders and that is why we are here today. Digital technology has changed the world, which people have access to information. Today the way we study and learn in fact means that people do not have full access. We believe that copyright is important, and that limitations and exceptions are crucial for a modern information infrastructure as well as for open access and other licensin wills. We are very pleased that other countries have modified proposals on copyright.. We are pleased that some countries have expanded their exceptions or introduced new ones. However, some countries who are updating their law are not enough to resolve a broader problem, the demand for cross-border access to information for research and culture. And the need to insure that nobody is left behind in access to knowledge means that there is say need for this aspect to be taken into account. There are specific issues which were compiled in a document and submitted to this committee and I would like to invite you to read it. There are printed copies available, but it can also be found on line. It begins with the Internet is global. We also support IFLA's and ICAS interventions and we hope that progress will be made swiftly in the SCCR in this issue. We thank you very much for your attention.

International Council of museums (ICOM):
Thank you, Mr. Chair, for this opportunity to address this important agenda item.. The international Council of museums represents important 36,000 museum professionals world wide. We are here, Mr. Chair, to give our voice to museum professionals for this important agenda item. After consultation with the international museum community and in keeping with the results of the WIPO study on exceptions and limitations on copyright for museums ICOM joined forces with our library and archive colleagues to pursue exceptions to copyright for the benefit of libraries, archives and museums as enumerated in the Chair's informal chart that provide for exceptions for all three. This pursuit is not intended to disrupt markets, but instead is targeted to instances where museums and indeed libraries and archives are unable to carry out their often shared mission. ICOM was very pleased that the Canadian delegation called for a museum study in 2013 while at the 26th session of the Standing Committee on copyright and related rights. The study on exceptions first draft was distributed and presented at the 30th session of the SCCR in 2015. The study distributed business WIPO provides a broad basis of understanding of the status of exceptions for museums within WIPO Member States and provides for the basis for ICOM's continued advocacy of exceptions for museums. The purpose of our intervention today is to signal that ICOM is committed to the belief that a harmonized approach towards libraries, archives and museums is both possible and necessary to achieve the overall objective of obtaining operational exceptions for materials and cultural heritage collections at the international level. [..] there are many instances where museums, libraries and archives cross mandates given the nature of distinctive collections. Libraries hold collections that include artifacts more traditionally aligned with museum collections or have accessioned collections that include unpublished materials often found in archives. Museums hold archival collections, have libraries within museums, and include study collections as part of their overall collections. Museums like archives nay oftentimes include a vast array of artifacts in their collections and include materials that have often been published and unpublished. At the same time, libraries, archives and museums face the same obstacles created by copyright law in trying to fulfill their respective missions being education, public interest, access to collections and communication of scholarship. This is particularly true when museums are examined not simply as stewards of art collections but as stewards of historic scientific and natural collections as well. The similarities are in fact magnified when we examine the collections we face with our 20th century collections. Museums, libraries and archives face similar challenges in preserving, exhibiting and providing access and communicating about art collections. Thank you, Mr. Chair for the opportunity to address this important issue.

European Bureau of library, information and documentation associations:
Mr. Chair, we congratulate you and the Vice Chairs on your elections to office, and thank you for inviting the European Bureau of library information and documentation associations which is the voice of libraries in Europe to take the floor. The consolidated libraries and archives studies in the SCCR30 and the museum study both from 2015 reveal that the national frontier-based approach to copyright with regard to libraries, archives and museums now in disarray, too disparate and stuck in the pre-Internet era. In the E.U. this has been the justification of proposal of mandatory cross-border exceptions to copyright. Yet in face of the ever expanding world wide web. National copyright laws are in need of constant modernization to allow institutions to function optimally in an international cross-border online environment. Now that the detailed discussion of the topic has been summarized by the previous Chair's SCCR/33 document. We offer practical suggestions for moving forward. First, we suggest that this committee establishes the principles to inclusion in the note for overarching international copyright framework for copyright exceptions and limitations affecting libraries, archives and museums. The proposals made by the US delegation in 26/8 offer useful guidance that can shape the content of the committee's work. A comprehensive and effective solution for libraries should set standard for and protect national copyright exceptions that impact on the functions of these institutions, including preservation of materials and content, copying for document delivery in any format including cross-borders. Lending of works including remotely. Protecting limitations and exceptions for override by contract terms and by holding partially inaccessible can due to legal protections of TPMs. Making orphan works available on line to the public, text and data mining of legally accessed coven tent. Acquiring work including by importation and protecting libraries, archives and museums and staff accounting for them in good faith for criminal or civil liability for unintended copyright infringement. There are various ways in which the committee can support work. And could be usefully adopted by this committee. Secondly, in line with the EU's call for guidance to Member States, we would welcome efforts from the Secretariat to further inform our discussions. In line with the Poe proposal from Argentina which correctly addresses the need for minimum set of exceptions and limitations nationally and the solution for cross-border issues this what the E.U. itself is seeking to do domestically. We would welcome a study on cross-border issue as a basis for further discussion. In order to provide further guidance to Member States, this committee could request the Secretariat to convene an expert group first and foremost of library archive and museum copyright experts as well as copyright academics, lawyers and relevant stakeholders to support the commissioning and tasking of an agreed expert to develop modern WIPO draft law for libraries, archives and museums. Finally this committee might wish to request that the Secretariat provides a useful tool to assist its work by creating online publicly accessible database of copyright exceptions and limitations. Additionally since the pace of change in copyright law affecting the library, archive and museum sector is to fast moving the committee might request an annual report from the Secretariat of changes to nationals and practices in copyright and related rights. Thank you for your attention.

Innovarte Corporacion:
Thank you very much, Chairman. We would like to congratulate you upon your election. We would like to thank the excellent work on studies on libraries and archives. The proposal to work with the aim of a treaty on exceptions and limitations to copyright to protect the balance and legitimacy of the system for copyright and related rights with regard to libraries and people with disabilities is something we have been discussing in this committee since 2004 starting from a proposal which came from Chile. As discussions of the Marrakesh Treaty has shown that provisions on copyright to protect categories of people who are threatened or under mined by a lack of exceptions is not only possible but good and it shows a means to protect libraries, archives and possibly also museums. In this regard, we would like to request the members of the committee in good faith to consolidate all of the work done based on the text which has already been considered, the informal summary of the Chair of the committee as we have seen it's based on textual proposals either for treaty or another form of instrument which was proposed by various delegations including Brazil, India, the United States and many others. We propose that the committee would adopt this text without any prejudice to what form the work might take in the future. We believe on another point that the proposal from Argentina is particularly useful since it seeks to come up with a solution to the obstacle, namely, the lack of harmonization of rules on libraries and archives at international level. We believe it is a compliment to what has already been worked on by the committee with regard to principles and topics which are necessary for exceptions other than a national level. It should be subject to greater analysis by this committee, thank you very much.

Electronic Frontier Foundation:
Thank you Mr. Chair. The EFF work supports the work of libraries and archives which have become more relevant in the digital age and which are more challenging now. The updating of exceptions and limitations are an important way to insure that libraries and archives are equipped to meet these two challenges of fulfilling missions in the digital age. In an ideal world EFF sees norm setting as the only way to ensure that WIPO members provide a basic level of modernized limitations and exceptions for libraries, however, we recognize that members do not have the appetite for norm setting in this area at this point in time for various reasons. In that light, we do support the proposal IFLA has made for a draft law and searchable database on library limitations and exceptions. This strikes us as a workable compromise that does not commit members to hard norm setting but which would be a useful interim step towards the harmonization of limitations and exceptions for libraries worldwide. Finally and on a different topic, I would like to express EFF's hope that in the next SCCR session time will also be made available for NGOs to make statements about the broadcast treaty. Thank you very much.

Note: Source of the statement texts are WIPO's realtime transcription service.

For more details visit https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-libraries-and-archives

34th SCCR: CIS Statement on the Discussion on Limitations and Exceptions for Libraries and Archives

sinha — 2017-05-15T10:35:36Z

Anubha Sinha, attending the 34th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 1 May, 2017 to 5 May, 2017, made this statement during the discussion on limitations and exceptions for libraries and archives.

Thank you, Mr. Chair.

CIS works on issues of access to knowledge and other digital rights in India.

I would like to share with you my experience which highlights the difficulty of building digital archives in India. Mr. Chair, earlier last year the government of India embarked upon the important project of digitizing the cultural audiovisual material stored in government and private collections to store material for preservation purposes, and set up a virtual network of these repositories to offer online access. My organization has been assisting them in this crucial public service mission. These works are oral traditions, dance, music, theatrical practices, cultural practices – all of which lie largely inaccessible and languishing in several small and large collections in India. Since, the Indian copyright Act does not contain an exception for the purposes of preservation by an archive; the entire project has suffered high costs in terms of money and time. Money, because the project had to get expensive legal assistance to set up processes to obtain rights clearance from all the performers who were a part of the works and copyright holders- some of which are orphan works, thereby compounding the problem. Further, partnering organizations also expressed legitimate fears of supplying their works, in case of a potential copyright and related rights violation that could implicate them with civil/criminal liability.

Thank you.

For more details visit https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-discussion-on-limitations-and-exceptions-for-libraries-and-archives