SCCR 32: US Statement on Cross Border Uses (Item 6) Libraries & Archives

US on Cross-Border Uses

>> UNITED STATES: Thank you, Mr. Chairman. The first time I have spoken that we very much appreciate the constructive engagement of other delegations and the references to our proposals that are set forth in the high level principles and objectives at the international level for copyright exceptions for libraries and archives. And we continue to believe that this principle approach provides a good basis for moving forward and furthering the goal of improving national copyright exceptions.

We also note that as others that the Berne Convention does permit Union members to enact exceptions and limitations to advance national, economic, social, cultural and information policies including exceptions and limitations related to cross-border exchange and interlibrary lending. National copyright exceptions that support lending among cultural institutions help advance the important role libraries and archives play in providing access to works that comprise the works cumulative knowledge and cultural heritage. We also would underscore that there are still a fair number of countries that have not yet enacted exceptions for these kinds of functions, however, in a 2015 update to this 2008 study on copyright exceptions and limitations for libraries and archives, Professor Kenneth Crews noted a slight increase of national exceptions for document supply spr supply 17-21 and interlibrary lending from 6-9. We would be interested in learning more about the national experiences.

Within the United States, under the U.S. copyright Act, libraries and archives may make limited copies from their own collections to supply other library at the request of a user subject to specific limitations. This collaborative process allows libraries to fulfill their mission to provide access to work in their collections while safeguarding the author’s marketplace.

Libraries and archives in the United States may also enter into interlibrary loan arrangements with foreign libraries and archives and we would be pleased to share information and views with other delegations on international interlibrary lending laws and practices, but we would emphasize that there are a number of topic that’s do come under this cross-border exchange. We would be concerned about too narrowly limiting them because, again, the emphasis is on this general topic area and we think we do need to have further discussions to delve more deeply into it. Thank you.

>> CHAIR: Thank you very much for sharing your view regarding this discussion. It’s interesting to see the visions and, of course, the intention is not no live apart parts of the topic that we are trying to discuss. It’s just to have a better understanding as I said of the boundaries, whichever boundaries