Re: Proposed WIPO response

Subject: Re: Proposed WIPO response
Date: ke 11 loka   2000 - 09:52:35 EEST

Thanks for the proposed response - looks good.

> Proposed New Treaties in the Copyright field under discussion
> within WIPO

As for Article 13 - here's my view - (thanks to Seth Greenstein et
> I have not commented on Article 13 -
> Obligations concerning Technological Measures - as I do not
> know whether it should concern the lis community. If you
> think it should be included, write something. I look forward
> to your views.~

Article 13 affects "any device, product or component incorporated
into a device or product... ." This would affect many devices that
can be and are used for legitimate purposes by libraries and users.

Article 13 has implications for fair use in that it will be
impossible for any user or library to exercise the fair use of
protected copies. No manufacturer can know whether copies made
using a particular device will be "primarily" for purposes of fair
use, and the technology cannot distinguish fair from unauthorized
use. As a result, devices that can remove protection for lawful uses
are unlikely to be made. Fair use becomes an empty promise if there
are no lawful means accessible to users or libraries to enable it.
This is especially true for 75 years hence when material protected
by such technological measures may have reverted to the public
domain. This measure could prevent the use of devices to freely
access such materials leading to perpetual copyright.

Article 13 will also affect the Database proposal, since protected works can
consist solely of non-original compilations of facts and public domain
materials and this provision will prevent access to such materials if
they are contained within a database protected by such technologicial

Proposal - alter the "primary purpose or primary effect" test - which
leaves devices manufacturers open to prosecution for end users
behaviour - and replace it with the current law; ie. a device would
be lawful if there are significant non-lawful uses (this was the test
used in cases relating to audio and video recorders).

          Mark Perkins, RRMG Librarian
          ODI Library, Regents College
Inner Circle, Regents Park, London NW14NS. UK
TEL: +44 (0)171-487-7611 FAX: +44 (0)171-487-7590

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