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Creating, protecting and providing access to digital culture

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No. 94 Creating, protecting and providing access to digital culture

Propose's Nationality: AUSTRALIA

Proposer's Country of Residence: NETHERLANDS

Nationality of Organisation NETHERLANDS

IGF 2014 sub theme that this workshop fall under

Content Creation, Dissemination and Use

Description

The discussion seeks to address the interrelationship that is developing between the copyright regime and born-digital content in order “to accommodate technological innovation and new social patterns of consumption whilst supporting creativity and economic sustainability in both the developed and developing world” (IFLA Trend Report 2013).

In this respect, it is clear that digital technology has a great impact on traditional methods of content creation and distribution. The Internet environment also reflects the development of collaborative creativity and the new, more dynamic position of the user in the network eco-system. On the other hand, the need for maintaining economic incentives for creators, publishers and producers in fields such as education or media appears essential, and challenges associated with how best to capture and preserve our digital heritage still to be resolved How to best balance the needs of creators, distributors, consumers, as well as what we preserve for future generations, is being discussed in a number of forums, with licensing models, voluntary agreements, legislative reform and other solutions being considered. The panelists will discuss these issues from a range of perspectives, identifying concrete barriers and possible solutions.

Values of Paragraph 72 of the Tunis Agenda, such as “Promote and assess, on an ongoing basis, the embodiment of WSIS principles in Internet governance processes” and “Identify emerging issues, bring them to the attention of the relevant bodies and the general public..” will serve as framework for the discussion.

Name(s) and stakeholder and organizational affiliation(s) of institutional co-organizer(s)

Paolo Lanteri
Intergovernmental Organisation
World Intellectual Property Organisation

Has the proposer, or any of the co-organizers, organized an IGF workshop before?

yes

The link to the workshop report

http://www.friendsoftheigf.org/session/782

Type of session

Roundtable

Duration of proposed session

90 minutes

Subject matter #tags that describe the workshop

#copyright #creation #access

Names and affiliations (stakeholder group, organization) of speakers the proposer is planning to invite

Makane Faye
Intergovernmental Organisation
United Nations Economic Commission for Africa
Speaker confirmed

Barbara Hayes
Civil Society
International Authors Forum
Speaker confirmed

Stuart Hamilton
Civil Society
International Federation of Library Associations & Institutions (IFLA)
Speaker confirmed

Paolo Lanteri
Intergovernmental Organisation
World Intellectual Property Organisation
Speaker confirmed

Cristiana Gonzalez
Civil society
University of Sao Paolo
Speaker contacted

Name of Moderator(s)

Professor Andres Guadamuz

Name of Remote Moderator(s)

TBC

Description of how the proposer plan to facilitate discussion amongst speakers, audience members and remote participants

Prepared presentations will be kept to a minimum, with the focus of the session being to facilitate audience discussion (both remotely and in the room) on finding optimal, collaborative solutions to improve access to digital content for consumers, while ensuring the needs of creators and distributors are met and respect for their interests.

Speakers representing different elements of the digital content ecosystem (creators, distributors, consumers, archives, policy makers) will provide 5 minute presentations putting forward their views. They will each prepare a question to ask the audience following their presentation, with 10 minutes allowed following their question for audience discussion (and input from other panelists). Following prepared comments and specific questions, the session will be open for general discussion with audience and panelists before concluding remarks, which hopefully will involve some agreed statements on facilitating and a healthy born digital culture ecosystem.

Description of the proposer's plans for remote participation

We will not be including remote panelists, but will be engaging groups of our membership to participate remotely. The IFLA Leaders Associates, for example, will be following the workshop remotely and expected to engage.

Background paper

No background paper provided

Brief substantive summary of the workshop and presentation of the main issues that were raised during the discussions

1. The overwhelming size of born-digital material created every single day raises several challenges. How do we preserve it? How do we provide access to it? How do we maintain the balance among various stakeholders?

2. Challenges include legal, technological and economic issues. Copyright plays an important role and without appropriate limitations and exceptions, libraries and archives face barriers in delivering their service, notably in preserving born-digital material.

3. The three step test principle enshrined in the current international legal framework provides some flexibility for governments to establish their own limitations and exceptions at the national level. Some national legislations do take into account needs of the libraries, others could be improved, especially in light of the challenges posed by the digital environment.

4. Member States at WIPO are currently discussing a proposal for an international legal instrument to create a minimum standard of limitations and exceptions for libraries and archives at the international level. An updated version of the Study on Copyright Limitations and Exceptions for Libraries and Archives (2008), by Professor Kenneth Crews is expected to be released in December 2014 in the context of the 29th session of the standing Committee on Copyright and related Rights (http://www.wipo.int/policy/en/sccr/).

5. IFLA and information professionals working in Africa made a strong call for a legally binding international treaty.

6. Digital preservation, legal deposit of electronic material, text and data mining, e-lending, and the relationship between contracts and limitations and exceptions were among the main points discussed during the session.

7. Museums should be considered as possible beneficiaries of limitations and exceptions, as long as they fit within the purpose of those provisions.

8. Solutions to some of those challenges exist at the national level; notably collective licensing. Libraries see them as possible solutions in the short-term, but note that they cannot address the issue from a global perspective, particularly when considering information sharing across borders.

9. Where exceptions and limitations with a broad scope are implemented, the establishment of a remuneration right could be one way of balancing the interests of rights holders and users.

10. A proposal for creating a legal file-sharing system based on licensing or a levies-system was also lively discussed.

Conclusions drawn from the workshop and possible follow up actions

1, There is a broad agreement on the need for limitations and exceptions for libraries and archives, enabling them to perform their fundamental services in the digital environment; however governments are not ready to agree on which is the right way to achieve this goal at the international level.
2. Technology plays a crucial role in this debate. Lack of interoperability is considered a problem by most stakeholders.
3. Cross border uses and digital preservation are the major issues in the born-digital material debate.
4. Debate on the creation, preservation, distribution and access to born-digital content touches upon a number of public interests, vested by many stakeholders. Yet when considering the needs of cultural institutions charged with preserving the historical and cultural record, all parties should strive to avoid conflation of these issues with ongoing discussions regarding the illegal sharing of digital content. The topic shall remain in the agenda of future initiatives.

Estimation of the overall number of participants present at the workshop

30

Estimation of the overall number of women present at the workshop

about half of the participants were women

Extent to that the workshop discuss gender equality and/or women’s empowerment

was one of the main theme of the workshop

A brief summary of the discussions in case that the workshop addressed issues related to gender equality and/or women’s empowerment

NA

Reported by

Stuart Hamilton

Workshop transcript

transcript

Youtube video

video

Attachments

No attachments provided

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