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The library community’s position on the AG opinion of the CJEU in the case of VOB v Stichting Leenrecht (C174/15)
Further to the opinion of the AG (see article above), EBLIDA together with IFLA and PL2020 published a press release and a proposal on e-lending on 16 June 2016.
Read it below and online.
The European library community welcomes the Opinion of the Advocate General of the Court of Justice of the European Union in the case of VOB v Stichting Leenrecht (C174/15) published today. The case looks to establish whether an e-book is a book with regard to the EU Rental and Lending Directive.
In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books. It follows that the general regime of the lending right, which provides in particular for fair remuneration for authors under the public lending exception, is applicable.
We welcome this view as a very sensible recognition that library lending includes remote lending of e-books in any format to library patrons, for a limited period of time, and not for direct or indirect economic advantage.
The European library community reiterates its view that in today’s society, libraries offer a vital service to European citizens and a unique outlet for creators. Libraries are fundamental channels to greater access to European cultural diversity, education and research, greater promotion of authors to existing and new audiences and a stronger creative knowledge economy, notably but not exclusively through their annual purchase of content.
Their mission of giving access to information for all relies on the support of an up to date copyright framework that recognises e-lending as a routine part of daily library activities.
EBLIDA President, Jukka Relander said, “Libraries are one of the most frequented public spaces in our society. They are a democratic tool to help build an innovative and inclusive society and realise projects benefitting all socioeconomic groups ahead of policy developments. However, without a consistent legal framework that recognises library copyright needs, libraries can’t effectively fulfil the expectations of European citizens. The Advocate General’s Opinion is a positive outcome and further evidence that including e-lending in the right to lend is common sense. It also signals that library activism enables policy to keep pace with societal changes. The Opinion is a first step towards greater legal certainty for Europe’s libraries and clear recognition of libraries’ public service missions of providing equitable access to information. EBLIDA will continue to advocate for the right to e-read, ensuring the same rights for the same content in whatever format, to the benefit of European citizens.”
IFLA President, Donna Scheeder said, “Libraries everywhere work every day to do the best by their users. With e-books established among readers as a normal means of accessing literature and knowledge, IFLA continues to urge governments to ensure that copyright laws do not discriminate between technologies, and publishers to offer fair terms to libraries. Today’s Opinion represents an important step in this direction.”
The European library community notes that the CJEU Advocate-General’s Opinion challenges some current national laws and programmes for e-lending, but the question of market distortion, whereby publishers may refuse to make e-book titles available to libraries for lending, remains unsolved. Should the Court uphold the AG’s Opinion, we stand ready to provide expertise and support to legislators to bring about inclusive legislation which meets library patrons’ expectations and offers legal certainty for all.
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We are advocating for libraries. Are you?
This survey is, at its most basic, about confirming the value of public libraries of Europe, about raising awareness about what it is that we do in our libraries.
There is only one day left to fill in the survey on non-formal and informal learning activities in public libraries across Europe.
The deadline is 15 July (tomorrow)!
You can access the survey at: https://www.surveymonkey.com/r/LibA4EU_survey
We have been in contact with many of our members asking them to activate their network and to collect as many answers as possible.
So far we have collected about 356 completed answers and ideally we would need to receive over 500 for the survey results to reflect the true situation. In only 30 minutes you can help make a difference in the library community to establish more in depth data about the daily missions they support.
The survey is in English and translations have been made available:
http://www.eblida.org/activities/kic/survey-on-non-formal-informal-learning-public-libraries-eu.html.
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Marrakesh Treaty enters into force in less than three months’ time, but Europe’s still not on board
On 7 July, EBLIDA published a Press Release on the Marrakesh Treaty for Visually Impaired Persons.
EBLIDA warmly welcomes Canada's ratification of the WIPO Marrakesh Visually Impaired Persons Treaty 2013 which means that now that 20 countries have ratified or acceded to the Treaty, it shall enter into force on 30 September 2016.
Marrakesh is a human rights treaty, the first international treaty in favour of copyright users, in this case visually impaired and other reading disabled persons’ right to read, including to study or do research and otherwise use copyright materials, on the same basis as everyone else. The Treaty aims to do away with many of the copyright restrictions that have done much to create a book famine for visually impaired people resulting from market failure in the supply of accessible format copies of reading materials, either for sale from publishers and booksellers or, due to copyright laws, through library and archive services, despite the technologies available to facilitate accessibility in the digital age. It is estimated that in developed countries only 5 to 7% of published books are available in accessible formats; reducing to just 1% in developing countries, home to the majority of the world's visually impaired people. Additionally, most people, even in the world's richest countries, suffer some degree of serious visual impairment in old age.
Marrakesh establishes a norm for minimum copyright exceptions for visually impaired or other reading disabled persons. It also allows authorised entities (libraries, archives and charities, etc.) creating accessible copies of works, to develop non-profit global distribution systems between the Treaty’s member states. The export of accessible format works will make the written word much more accessible for visually impaired and other reading disabled people throughout the world, including for those who require foreign language materials or who live in developing countries.
The first 20 countries to ratify or accede the Treaty were India, El Salvador, United Arab Emirates, Mali, Uruguay, Paraguay, Singapore, Argentina, Mexico, Mongolia, Republic of Korea, Australia, Brazil, Peru, Democratic People’s Republic of Korea, Israel, Chile, Ecuador, Guatemala and Canada.
Three years have passed since adoption by WIPO, yet not one European country has ratified or acceded to the Treaty. EU and EEA member states do have national copyright exceptions for the benefit of disabled people, but they do not include cross-border sharing of accessible format copies, a vital component of the Treaty. The EU and the 15 of its member states that had also signed the Treaty in 2013, as well as the rest of Europe's states, have not given due priority to the world’s visually impaired people’s right to read, also ignoring the needs of their own citizens for cross-border supply of accessible formats. However, we note that the European Commission committed in 2015 to include ratification of the Treaty in its copyright package expected in September this year and expect the Commission to fulfil its promise and push through the legislation at all speed.
EBLIDA calls upon European countries, especially the EU and member states, to do the right thing and implement the Marrakesh Treaty in the coming year without further delay. Europe’s libraries and archives hold vast collections of written materials in many languages spoken throughout the world and their potential role in defeating the book famine is crucial - if only they could already be doing so now…
Read the press release online.
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IFLA World Library and Information Congress in Columbus (Ohio, USA) – 13-18 August
IFLA World Library and Information Congress in Columbus (Ohio, USA) is almost upon us again.
Through an already busy conference programme, EBLIDA representatives (President, Director and a few EC members) will be actively participating in sessions, business meetings as well an internal meetings to organise for instance, the next EBLIDA-NAPLE 2017 Conference in Aarhus.
We will be very happy to meet as many colleagues and friends as possible and hope to see many of you in Columbus, Ohio.
Please come and meet us during the congress!
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EBLIDA-LIST is a general mailing list intended to foster communications between EBLIDA, its membership and members of the European library community. The goal is to facilitate information exchange as well as professional communication and development within the EBLIDA community. Subscribe today!
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July/August
July 12 – 16, Digital Humanities 2016
Place: Krakow, Poland
Sponsor/Organizer: Alliance of Digital Humanities Organizations (ADHO)
URL: http://dh2016.adho.org/
July 21, 2nd International Workshop on Search as Learning (SAL) 2016
Place: Pisa, Italy
Sponsor/Organizer: Organizing Committee
URL: http://chauff.github.io/sal2016/
July 21 – 24, 19th International Conference on Information Visualisation (iV 2015)
Place: Barcelona, Spain
Sponsor/Organizer: Organizing Committee
URL: http://www.graphicslink.co.uk/IV2015/DHKV.htm
July 25 – 28, 3rd Annual International Conference on Library and Information Science
Place: Athens, Greece
Sponsor/Organizer: Athens Institute for Education and Research (ATINER)
URL: http://www.atiner.gr/library.htm
August 5 – 7, IFIP WG 8.6: "Diffusion of IS for Learning New Practices"
Place: Ljungskile, Sweden
Sponsor/Organizer: International Federation for Information Processing (IFIP)
URL: http://ifip2016.org/
August 13 – 19, 82nd IFLA General Conference and Assembly
Place: Columbus, Ohio, USA
Sponsor/Organizer: International Federation of Library Associations and Institutions (IFLA)
URL: http://2016.ifla.org/congress-information
August 22 – 24, 2nd International Conference on Open and Big Data (OBD 2016)
Place: Vienna, Austria
Sponsor/Organizer: IEEE Computer Society Technical Committee on the Internet - IEEE CS-TCI
URL: http://www.ficloud.org/obd2016/
August 29 – September 1, 18th IEEE Conference on Business Informatics
Place: Paris, France
Sponsor/Organizer: Organizing Committee
URL: http://cbi2016.cnam.fr/
August 31, Data Curation - Cultivating Past Research Data for Future Consumption (NISO Virtual Conference)
Place: Online only
Sponsor/Organizer: National Information Standards Organization (NISO)
URL: http://www.niso.org/news/events/2016/virtual_conference/aug31_virtualconf/
August 31 – September 2, Archives and Records Association, UK and Ireland Annual Conference: "Global Futures"
Place: London, UK
Sponsor/Organizer: Archives and Records Association (ARA)
URL: http://www.archives.org.uk/ara-in-action/the-ara-conference.html
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