INTERNATIONAL ASSOCIATION OF MUSIC
LIBRARIES, ARCHIVES
AND DOCUMENTATION CENTRES (IAML)
ASSOCIATION INTERNATIONALE DES
BIBLIOTHEQUES, ARCHIVES
ET CENTRES DE DOCUMENTATION MUSICAUX (AIBM)
INTERNATIONALE VEREINIGUNG DER
MUSIKBIBLIOTHEKEN,
MUSIKARKIVE UND MUSIKDOKUMENTATIONSCENTREN
(IVMB)
IAML welcomes the opportunity that national governments of the EC have to clarify and improve legislation in the area of copyright and looks forward to changes which will maintain a satisfactory balance between the interests of copyright holders as well as those of other key stakeholders.
No rehearsal of the complex issues that have been extensively debated in the past years is possible or advisable during the final consultation period before implementation of the terms of the copyright directive by 22 December 2002. IAML therefore takes this opportunity to request that national governments give proper consideration to the following points which are of great importance to the music library community:
That exceptions in accordance with the terms of the directive be permitted for
- libraries, educational establishments, museums and archives which are not for profit;
- teaching purposes and research;
- private copying in circumstances that do not prejudice the interests of the copyright holders;
- people with disabilities;
- criticism and review.
IAML confirms that it will work with copyright holders to protect their interests as defined by law, and looks forward to working with copyright holders to devise simple means of copyright interpretation, regulation and administration.
Berkeley, August 2002
INTERNATIONAL ASSOCIATION OF MUSIC
LIBRARIES, ARCHIVES
AND DOCUMENTATION CENTRES (IAML)
ASSOCIATION INTERNATIONALE DES
BIBLIOTHEQUES, ARCHIVES
ET CENTRES DE DOCUMENTATION MUSICAUX (AIBM)
INTERNATIONALE VEREINIGUNG DER
MUSIKBIBLIOTHEKEN,
MUSIKARKIVE UND MUSIKDOKUMENTATIONSCENTREN
(IVMB)
To whom it may concern
The International Association of Music Libraries, Archives and Documentation Centres (IAML) is concerned to see that the interests of the music library community receive adequate recognition as European national governments propose draft legislation to implement the EC directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC).
At the annual conference of IAML held in August 2002 in Berkeley, California (USA), the following statement in support of copyright principles as related to music was adopted by the Council of the Association.
This formal statement is followed by several illustrative examples chosen from different countries with diverse legislative systems. These examples help illustrate that the copying of sheet music is permissible without prejudicing the legitimate rights of copyright holders. They show that the library community is well experienced internationally in co-operating with copyright holders, in order to respect their interests and to exercise responsibly both limitations and exceptions.
IAML cannot express too strongly how important it is that these considerations be given proper recognition internationally and will be most grateful to anyone who can help facilitate a satisfactory resolution of these issues in Italy.
Sincerely,
Dr. John H. Roberts
President, IAML
Berkeley, 10 September 2002
INTERNATIONAL ASSOCIATION OF MUSIC
LIBRARIES, ARCHIVES
AND DOCUMENTATION CENTRES (IAML)
ASSOCIATION INTERNATIONALE DES
BIBLIOTHEQUES, ARCHIVES
ET CENTRES DE DOCUMENTATION MUSICAUX (AIBM)
INTERNATIONALE VEREINIGUNG DER
MUSIKBIBLIOTHEKEN,
MUSIKARKIVE UND MUSIKDOKUMENTATIONSCENTREN
(IVMB)
(traduzione italiana)
One of the most remarkable features of the EC directive is the possibility that it offers for the incorporation of the Berne Convention's 3-step test into European national legislation. If any of the national governments provide for any of the optional limitations and exceptions mentioned under article 5.1 - 5.3 of the directive, compliance with article 5.5 (the 3-step test) is mandatory. This is at once a safeguard to ensure that none of the rights conferred under article 5.1 - 5.3 prejudice copyright holders' rights unfairly, and an invitation for those governments to provide for copying provisions which comply with the 3&emdash;step test.
In the UK and Ireland, the concept of 'fair dealing' is long established, and defined in section 29 of the 1988 Copyright Act. In addition, section 39 of the Act explains the instances where libraries may copy material under special privilege. Both these statutory provisions are defined in more detail, and most amicably, in the Code of Fair Practice agreed between composers, publishers and users of printed music (UK, Music Publishers Association (MPA), 1981, revised edition 1992).
In France, the SEAM (Société des Éditeurs et Auteurs de Musique), has drawn up a contractual licence to allow the use of copies, under certain conditions, directly with conservatories and also, globally, with the Ministère de l'Education Nationale and the CFC (Centre Français du Droit de copie) for general education.
In Denmark, following the EC directive, libraries and copyright holders have agreed to licence terms for the copying of sheet music in libraries.
In the US, the definition of the concept of 'fair use' is to be found in s107 of the 1976 Copyright Act, which states that such things as the purpose, character and quantity of the copying, whether or not it is commercial, and the economic consequences to the copyright holder, determine whether such copying is 'fair'.
Document prepared by Richard Chesser
Curator of Printed Music & Deputy Head, Music Collections,
British Library, London
Secretary, IAML Copyright Committee chaired by Anne Le Lay
Member, IFLA Copyright and Other Legal Matters Committee
September 2002