WIPO-SCCR 31 (7.-11.12.2015)

…und hier mein DBV-Statement zum Recht für Bibliotheken, (physisch)Medien international auszuleihen bzw. ausländische Literatur zu verleihen.

Thank you Chair,

As the portion of electronic resources in libraries is rising constantly, the topic of physical lending might seem antiquated to some of you. But it remains important, because libraries still purchase books, to be silent of all the resources published and bought by libraries before e-books were there.

What is the practice in international analog lending ? The international lending of books to foreign libraries which otherwise are not available in that country is an important task of specialized or research libraries. How else could a researcher have access to a certain book or article if the libraries in his or her country cannot buy it, the rightsholder simply does not deliver them there or if they are out of print (which concerns the biggest part of library holdings).

Libraries, especially those of universities or research institutions, need to purchase books from around the world. Libraries that buy books from other countries are also those of libraries of Cultural Institutes which have branches in various parts of the world. Examples for this are the German Goethe Institut, The French Alliance Francais, the British Council, the Spanish Instituto Cervantes and the US-American Kennedy Institute. These institutions are very popular and people learn about culture and language of the countries those institutions represent. Their users expect them to lend books and other media. But, for example, the German Goethe institute, in many countries outside the EU needs a licence to lend media that where only distributed within Germany.

 My Concerns are the following:

The problem is: As long as there is no ‚ international exhaustion‘, the addressed libraries might not be allowed to lend these books to their users !

Should lending in these cases depend on licences with publishing companies ?

Exhaustion (corresponding to the first sale doctrine) means: If a physical copy of a Work has been (physically) distributed with the rightsholder`s approval, this physical copy can be sold, lended or just given to other persons as a present. International exhaustion means: If the work has been distributed with rightsholder’s agreement anywhere in the world, it can be lend to libraries patrons. So, in the lending article it should say: „Lending is permitted, once copies are made available to the public with consent of the rightsholder in any country. Corresponding to this language, we would have to analyze if the topic „Parallel Importation“ is already included, and so we would not have to address this additionally.

The European Union already has exhaustion for all its member states, and there were good reasons for introducing it. An international agreement on international exhaustion (only for non-commercial libraries and archives serving the public) in every member state would help here: Every institution or person who sends books to foreign libraries, should be sure they can be even used there !

Thank you chair !

 

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