Copyright Exceptions and Limitations

The Value of Copyright Exceptions and Limitations in the Information Society

Confirmed Speakers

Bernt Hugenholtz, University of Amsterdam
Kenneth Crews, Colombia University
Emilija Banionyte, Vilnius Pedagogical University Library, Lithuania
Coenraad Visser, University of South Africa (UNISA)
Antoine Aubert, Google
Moderating: Winston Tabb, IFLA

Tuesday, 9 September, 11h00 - 12h30

The panel will address the topical issue of exceptions and limitations to copyright. While copyright protections are mandated by international treaties and are mandatory, by contrast, exceptions and limitations are optional, residing with the national legislature. This has resulted in a patchwork of provisions, increasingly ill-suited to access to and delivery of content in a globalised, networked world. Furthermore, as standards of protection have been strengthened and extended, exceptions and limitations are widely regarded by beneficiaries as having fallen behind. This imbalance has become critical as more and more content is born digital. Will the promise of digital technologies as an enabler of access for all, especially in developing countries, turn out to be a pipedream as legal obstacles to access become the new reality?

These questions have led to a renewed interest in exceptions and limitations, especially their role in the digital environment. Sectors that traditionally rely on exceptions and limitations to help fulfill their mandate, such as libraries and educational institutions, are vocal in support of the public policy goals enshrined in the principle of exceptions and limitations. Recent academic studies and analysis, as well as public consultation by governments, have generated significant new thinking and ideas amongst protagonists.

The questions to be addressed will include:

• How well do long-standing exceptions and limitations designed mainly for an analogue environment serve the public in the digital age?
• What exceptions and limitations do key sectors, such as libraries, education and innovative industries, deem essential for the future?
• How do we safeguard exceptions and limitations in a world of contract and technological protection measures (TPMs)?
• What is the rationale for an international instrument on exceptions and limitations?
• How do we ensure enforcement of exceptions and limitations?