Annex 2.

European Copyright User Platform (ECUP)
and Copyright Awareness Campaign for Librarians

Contents

On 29 November 1993 DG XIII/E-3 of the European Commission organised a concertation meeting on Copyright and Electronic Delivery Services in Luxembourg. The meeting was the first step towards identifying the (electronic) copyright problems that the new technological developments pose on the Libraries Programme projects and the libraries involved. Finding solutions for the copyright problems was considered critical for the success of many of the projects concerning electronic delivery services adopted under the Libraries Programme. The meeting raised many important issues and problems to be solved in the near future. It was obvious from the background paper, written by Professor Bernt Hugenholtz of the Institute of Information Law (University of Amsterdam), that libraries are at a clear information disadvantage in respect of copyright.

Besides a comparative study of national copyright rules relating to electronic delivery services, the representatives at the meeting stressed the need for the creation of a European Copyright User Platform, a Copyright Awareness Campaign for librarians and for reinforcing the position of libraries in discussions about copyright issues.

EBLIDA (European Bureau of Library, Information and Documentation Associations) offered assistance and was granted funding by DG XIII/E-3 for one year for setting up the European Copyright User Platform and to conduct a Copyright Awareness Campaign for Librarians in October 1994. The Platform consisted of 38 library, information and documentation associations within the European Union which are member of EBLIDA. Fifteen workshops have been conducted to raise awareness on copyright among librarians and to identify the problems in electronic (delivery) services. A Steering Group was set up which evaluated the results of the workshops. A matrix was drawn up on the libraries position toward the library privileges in the new electronic environment. This position has been discussed with representatives of the larger publishing houses and publishing trade organisations.

In this report you will find the results achieved by the European Copyright User Platform during its first year of existence. The follow-up project was recently granted funding by DGXIII/E-3 under the Libraries Programme for an additional 3 years. The follow-up project will start on 15 January 1996.

The technological developments towards digitisation and enhanced electronic services confront libraries with increasing problems with regard to (electronic) copyright. Especially in the field of electronic (delivery) services a library friendly solution has to be found rapidly. If not, it will frustrate further innovation of library services and will put libraries at a further disadvantage position.

The objectives of the action were:

• to make librarians more aware of copyright;

• to discuss satisfying solutions for copyright problems, which have been identified in electronic delivery services, in co-operation with the rights owners;

• to reinforce the position of libraries in discussions about copyright issues with the appropriate bodies.

In order to meet the first objective 15 workshops were organised and conducted within the first 6 months of the project. The second and the third objectives were taken care of by a specially appointed Steering Group. This body functioned as the intermediary in discussing the recommendations of the comparative legal study by Prof. Bernt Hugenholtz and the results of the workshops with the rights owners. The representatives were selected among the members of EBLIDA, with a connection to the projects under the Libraries Programme, and were approved of by DGXIII/E-3. The Steering Group consisted of the following members:

Mr Graham Cornish, British Library (BLDSC), UK

Dr Reinhard Ecker, Beilstein Institut, Germany

Mr Robbert Fisher, European Commission,Luxembourg

Mr Hans Geleijnse, Tilburg University, The Netherlands

Ms Emanuella Giavarra, EBLIDA, The Netherlands

Ms Bodil Have, Århus Public Library, Denmark

Mr Christian Lupovici, INIST, France

Mr Josep Sort, Universitat Pompeu Fabra, Spain

Mr Dirk Visser, Leiden University, The Netherlands

The Steering Group met four times during the year. The discussions resulted in a redefinition of the library privileges in the new electronic environment. This position was discussed with representatives of Academic Press, Blackwell Science, Chadwyck-Healey, Elsevier Science, Kluwer Academic Publishers, Springer-Verlag, FEP, STM and IPCC at a meeting held on 10 July 1995 in Amsterdam.

In order to raise awareness on copyright and to identify the problems and solutions concerning electronic copying, workshops were organised by EBLIDA in cooperation with its members. The workshops were organised by the library associations, which were appointed as coordinators for their country by the Executive Committee of EBLIDA and approved of by the European Commission.

For each workshop the EBLIDA secretariat prepared a set of documents for distribution among the participants of the workshops, containing the following:

• the introduction and solutions and recommendations of the comparative analysis on copyright problems of electronic document delivery by Prof Bernt Hugenholtz;

• an introduction to the Nordic extended collective licensing scheme;

• an introduction to the British licensing model;

• an introduction into copyright and library activities which could infringe copyright;

• a questionnaire to stimulate discussions on Electronic Copyright, which was available in English, French, Spanish and Greek.

The EBLIDA secretariat has worked closely together with the organisers of the workshops to meet the requirements of the contract with the European Commission. Each workshop followed the same structure covering:

• introduction on copyright and electronic delivery services;

• overview of the national copyright situation in the Member State;

• overview of the European (EU and EEA) copyright situation;

• national experiences with regard to (electronic) copyright in libraries;

• experiences in international (European) co-operation;

• discussion of possible solutions.

The situation of the national copyright situation was mainly dealt with by an independent lawyer or a representative of the Ministry of Culture and was not often discussed by a member of the library association.

The first workshop was held in Portugal on 2 November 1994 and the last on 21 April 1995 in Hamburg. In total fifteen workshops were held, 14 within the Member States of the European Union and one in Norway. The workshop of Austria was combined with the workshop of Germany and the workshop of Luxembourg was combined with the workshop of Belgium. Between 50-70 participants attended the workshops and at each workshop a representative of the National Focal Point was present.

At each workshop a professional lawyer from EBLIDA gave an introduction to the Berne Convention and the adopted and forthcoming European Directives, an overview of library activities which could infringe copyright law, an introduction into the problems publishers envisage arising from electronic copying by libraries. Experiences of European cooperation were addressed at each workshop by a partner of a Libraries Programme project that had experienced copyright difficulties, such as FASTDOC. A questionnaire had been devised to act as a framework for the discussions on the possible solutions.

Workshop Lisbon, 2 November 1994

Organiser: Associaçao Portuguesa de Bibliotecários Arquivistas e Documentalistas (BAD)
Speakers: Mr António José de Pina Falcao (BAD), Ms Maria José Moura (CSBP), Mr Pedro Cordeiro (Ministry of Culture), Mr Manuel Lopes Rochas (ASSOFT), Mr José Magalhaes (Member of Parliament), Ms Emanuella Giavarra (EBLIDA)
Participants: 106

At the meeting representatives from Greece (Mr Ioannis Trohopoulos, Biblioteca de Veria), Norway (Ms Lis Byberg, Statens Bibliotektilyson) and Sweden (Barbro Thomas, Statens Kulturräd) gave a short presentation on the copyright situation in their country. They were present due to the fact that they were in Portugal for an IFLA meeting on public libraries.

It appeared that electronic copying was not part of the daily activities of the Portuguese librarians. At the workshop much of the discussion was focused on the implementation of the Directive on lending and rental rights. The workshop created an overall awareness on the basic elements of copyright.

Workshop Oslo, 1 December 1994

Organiser: Norwegian Library Association
Speakers: Ms Sissel Nilsen (Norwegian Library Association), Mr Helge Sonneland (Kulturdepartementet), Mr John-Willy Rudolph (Kopinor), Ms Cathrine Nagell (legal adviser NORWACO), Ms Emanuella Giavarra (EBLIDA), Ms Kristine Abelsnes (Norwegian Library Association), Mr Frode Bakken (Norwegian Library Association)
Participants: 68

The Norwegian librarians have a good relationship with their reproduction rights organisation Kopinor, which is not often the case in other countries. There was an open discussion with Kopinor about problems concerning electronic copying. Next to the overall awareness raising on copyright this workshop contributed to the identification of problems and solutions of electronic copying.

Workshop Rome, 13 January 1995

Organiser: Associazione Italiana Biblioteche (AIB)
Speakers: Mr Tommaso Giordano (Istituto Universitario Europeo), Ms Emanuella Giavarra (EBLIDA), Mr Marco Marandola (legal adviser AIB), Mr Marc Willem (ECHO), Ms G Merola and Ms MG Sotgiu (National Focal Point Italy)
Participants: 66

All papers were translated in Italian for the participants attending the meeting. The meeting was promoted widely by the AIB. The meeting raised a lot of questions and interest in the subject. Mr Marc Willem addressed the audience on ECHO and promoted its products. The AIB has already scheduled similar meetings in different parts of the country to continue the awareness raising.

Workshops London and Glasgow, 24 and 26 January 1995

Organisers: The Library Association (LA), Institute of Information Scientists (IIS)
Speakers: Mr Ross Shimmon (LA), Ms Sandy Norman (LA), Ms Emanuella Giavarra (EBLIDA), Prof Mel Collier (De Montfort University), Mr Andrew Braid (BLDSC), Ms Julie Carpenter (Carpenter Associates), Ms Sheilla Webber (IIS), Prof Charles Oppenheim (University of Strath-clyde), Ms Emanuella Giavarra (EBLIDA), Mr Alan Harrison (Longman Catermill Ltd), Mr Brian Croft (Borders Regional Council)
Participants: 89 (London), 24 (Glasgow)

Two workshops were held in the United Kingdom. The Glasgow meeting was paid for by the organisers themselves. In the United Kingdom information professionals tend to be more aware of copyright. This is partly due to the range of restrictive copyright legislation the government has introduced during the past years. Both meetings were very well organised. A transcript of the meeting in London is available. The EDIL, RIDDLE and MOBILE projects were introduced and served as an example for identifying the problems in electronic copying. At these meetings a standard agreement was distributed which was based on the agreement between the Montfort University and Edward Arnold. After lunch groups were formed to discuss the questionnaire. The outcomes were discussed at the final plenary session. Many problems were identified and defined and several solutions were discussed.

Workshop Dublin, 13 February 1995

Organisers: Library Association of Ireland, Euro-Focus On Libraries
Speakers: Ms Emanuella Giavarra (EBLIDA), Mr Sean Phillips (University College Dublin), Ms Deidre Ellis-King (Dublin Public Libraries), Mr Paul Sheehan (Trinity College Dublin), Mr Alan MacDougal (Dublin City University), Ms Annette Kelly (An Chomhairle Leabharlanna)
Participants: 60

The meeting was organised on the premises of the European Commission in Ireland. The meeting was an eye opener for many librarians at this meeting. The BIBDEL and EUROPAGATE projects served as an example to identify problems and to create solutions. A strong appeal was made for guidelines for librarians on electronic copying.

Workshop Paris, 24 February 1995

Organiser: Association des Bibliothécaires Français (ABF)
Speakers: Ms Françoise Danset (ABF), Mr Michel Melot (Conseil supérieur des bibliothèques), Mr Hervé Le Crosnier (Université de Caen), Ms Emanuella Giavarra (EBLIDA), Mr Claude Patou (INIST), Ms Marcelle Beaudiquez (Bibliothèque Nationale de France), Maître Jean Martin (Avocat à la Cour), Mr François Gèze (La Découverte), Mr Christian Roblin (Dalloz), Mr Jean-Sébastien Dupuit (Livre et de la lecture)
Participants: 125

The organisers of this workshop had also invited speakers from the publishing world. The goal of the workshop was to start a dialogue between publishers and librarians. It was uncertain until the start of the meeting if the publishers would show up. In the end the attendance of the publishers worked out very well. A lot of provocative statements were made which stimulated the discussion. Librarians and publishers made their points and this workshop functioned as an eye opener for both sides.

Workshop Athens, 3 March 1995

Organiser: Enosis Ellenon Bibliothekarion (EEB)
Speakers: Ms Catharina Iconomopoulou (EEB), Ms Alexandra Papazoglou (EEB), Ms Dionisia Kallinikou (Law School Athens University), Ms Emanuella Giavarra (EBLIDA), Mr Philip Tsimboglou (National Documentation Centre), Ms Catherine Synellis (University Library of Patras)
Participants: 53

The organisers had made a lot of effort to organise this workshop and had also arranged for translation. The meeting proved to be the first workshop on copyright for librarians in Greece. The participants showed great interest. The FASTDOC project of the Libraries Programme was introduced. At this workshop the subject of the implementation of the Directive on lending and rental rights attracted a lot of attention.

Workshop Stockholm, 17 March 1995

Organiser: BIBSAM
Speakers: Mr Kjell Nilsson (BIBSAM), Ms Emanuella Giavarra (EBLIDA), Prof Jan Rosén (Stockholms universitet), Prof Peter Brophy (University of Central Lancashire)
Participants: 65

This workshop was combined with a days session on the promotion of European Programmes of interest to libraries. The Libraries Programme, Information engineering and the OPLES report by Professor Peter Brophy were discussed in detail. The combination of the promotion and the copyright awareness raising days appeared to be very effective. Next to awareness raising, the workshop contributed to the identification of the problems and solutions. After lunch groups were formed and useful contributions were made for a code of good practice.

Workshop Brussels, 21 March 1995

Organisers: Vlaams Overlegorgaan inzake Wetenschappelijk Bibliotheekwerk (VOWB), Commission Permanente des Bibliothecaires du CIUF
Speakers: Prof Pierre Cockshaw (Royal Library Albert I), Prof Cathérine Doutrelepont (UBL), Prof Jos Dumortier (KU Leuven), Ms Emanuella Giavarra (EBLIDA), Mr Julien van Born (UIA)
Participants: 63

The working languages at this meeting were Flemish, French and English. The contribution of Ms Giavarra was in English in order to be impartial to Flemish and French. Due to the fact that an awareness raising seminar on copyright meeting took place half a year prior to this workshop the participants were able to discuss the subject of electronic copyright in depth.

Workshop Barcelona, 24 March 1995

Organisers: Federación Española de Sociedades de Archivística, Biblioteconomía y Documentacíon (FESABID), Collegi Oficial de Bibliotecaris-Documentalistes de Catalunya, Biblioteca de Catalunya
Speakers: Ms Paloma Portela (FESABID), Mr Manuel Jorba (Biblioteca de Catalunya), Ms Emanuella Giavarra (EBLIDA), Mr Josep Cruanyes i Tor (lawyer), Ms Carmen Caro (National Focal Point Spain), Ms Núria Gallart (Universitat Autónoma de Barcelona), Mr Concepción Alvaro (Buletín Oficial del Estado), Prof Verginia Ortiz (Universidad Calos III), Mr Amadeu Pons (Universitat de Barcelona), Mr Josep Sort (Universitat Pompeu Fabra)
Participants: 47

The organisers put a lot of effort into organising this meeting and to arrange for translation. This workshop was the first meeting on copyright held for librarians in Catalunya. Ms Núria Gallart promoted the Libraries Programme of DG XIII-E3 and the projects in which the Universitat Autónoma de Barcelona is involved.

Workshop Helsinki, 4 April 1995

Organisers: The Finnish Library Association
Speakers: Ms Tuula Haavisto (Finnish Library Association), Ms Emanuella Giavarra (EBLIDA), Ms Kristina Harenko (lawyer/librarian), Ms Sirkka Elina Svedberg (Helsinki City Library), Mr Carsten Frederiksen (Bibliotekarforbundet)
Participants: 58

The workshop was one of the events during a three day seminar on Europe. At this meeting a librarian, who was also a lawyer, addressed the audience on the national copyright situation. At the meeting many critical questions were asked which were the basis of a lively discussion. The combination of events was very effective. During the three days people were informed on the threats and opportunities of the European Union.

Workshop Amsterdam, 12 April 1995

Organisers: FOBID, IWI, NBBI
Speakers: Mr Rudi van der Velde (NBLC), Ms Emanuella Giavarra (EBLIDA), Ms Marijke Verstappen (NBBI), Mr Gerrit van der Graaf (IWI), Ms Matsy van 't Veen (NBOI), Ms Maria Heijne (SURFnet), Mr Adriaan van Geest (NBBI), Mr Dirk Visser (Universiteit Leiden)
Participants: 54

The workshop started with a general introduction on electronic copying and European projects in which the Netherlands is involved. Two parallel sessions followed; one covered the basic elements of copyright and the second one covered statements on electronic copying prepared by Mr Dirk Visser. The statements sparked of a very constructive discussion. A Dutch group of University librarians announced that after one year of negotiations they had established a non-aggression pact with the Dutch publishing trade organisation. This agreement makes it possible for the librarians involved, to continue experimenting with new products for the duration of the agreed projects.

Workshop Copenhagen, 19 April 1995

Organisers: Bibliotekarforbundet
Speakers: Ms Anja Rasmussen (Bibliotekarforbundet), Ms Emanuella Giavarra (EBLIDA), Mr Niels Mark Wille (Danish National Library Authority), Ms Winnie Vitzansky (Danish National Library for the Blind), Mr Morten Hein (Hein Information Tools)
Participants: 16

The participants at this meeting were closely involved in copyright issues. The meeting was rather small, which made it possible to discuss the problems in-depth. The projects EXLIB and JUKEBOX were introduced and served as examples for identifying the problems in electronic copying.

Workshop Hamburg, 21 April 1995

Organisers: Bundesvereinigung Deutscher Bibliotheksverbände (BDB), Fachhochschule Hamburg
Speakers: Prof Birgit Dankert (BDB), Ms Emanuella Giavarra (EBLIDA), Mr Harald Müller (Max-Planck Institut), Dr E Thoms (Verwertungsgesellschaft Wort)
Participants: 69

At this workshop many students were also present. A representative of the Reproduction Right Organisation of Germany was invited to give his view on electronic copying. The draft Directive on the legal protection of databases was discussed in detail. The audience expressed their concern on other copyright issues such as legal deposit, lending and rental rights and private copying of music and film.

The following problems and the possible solutions concerning electronic (delivery) services were identified in the workshops and the Steering Group meetings.

After the identification of the problems the Steering Group commenced the drawing up of a matrix focusing on the activities libraries should be allowed to do and what libraries would like to achieve with legislation. The matrix was devised giving the activities and connecting the institutions to it. It gives an overview of the activities libraries would like to be able to offer to their users without infringing copyright and for which activities the end-user should pay.

The basic assumption of the matrix is the redefinition of the library privileges to the new electronic environment. It gives an outline in which the libraries see the fulfilment of the traditional library role taking into account the technical developments.

The matrix is based upon the following principles:

• the mission of a library is to guarantee access to a maximum amount of information to their users;

• copyright protects the legitimate rights of the rights owners, however it should not frustrate technical developments or access to information;

• libraries wish to destroy the misunderstanding that they are not willing to pay a reasonable remuneration for copyright-protected information under certain conditions;

• library services complement rather than compete with publishers' activities;

• libraries are willing to implement legal and technical safeguards to comply with contractual limitations, but libraries cannot be held responsible for the intentions of the end-user once they have acquired the information.

The matrix has been subdivided in the following user groups:

• open user group registered on-site

• open user group unregistered on-site

• open user group registered off-site

• open user group unregistered off-site

• closed user group on-site/off-site

• internal library activities

Free versus pay

The word "free" in the matrix means that the end user does not have to pay for the service, the library does not have to pay on a per use basis and no permission is needed from the rights owner. The word "pay" means that the end user has to pay a remuneration for the service. These activities should also not influence the price to get the material from the publisher.

Internal library activities

Digitisation should not be seen as an act of delivering. Theoretically there is no difference between photocopying and the scanning of hard copies. At the moment only a few publishers provide their products in electronic form. To meet the demand of the users, libraries should be allowed to store the information electronically. Permanent electronic storage and indexing should be allowed.

Open user group registered on-site

An open user group is an unidentifiable group of users. When the information provider is able to identify the user, the user is categorised as registered. On-site is defined as every use within the premises of the building that provides the information at the moment he receives the information. Viewing includes access, searching, retrieving, etc.

Open user group unregistered on-site

In this case the information provider is not able to identify the user. There is no contractual relationship between the information provider and the information receiver. This category applies to an public library environment where people can use the library without having to identify themselves.

Open user group registered off-site

Off-site use means outside the premises of the information provider. This is an unidentifiable group of users, who become identifiable once they sign the registration page before accessing the database of for instance a University library. In this case the information receiver will pay for the information he receives electronically. This category does not applies to internal users of a University, like staff or students who have a password and a formal relationship with the institution. For these users the category of closed user group applies.

Open user group unregistered off-site

These users should not have access at all. They should be registered by technical means.

Closed user group on-site/off-site

This qualification will only be given to a clearly defined group. For example to companies or institutions which share information only among their staff. The information is not freely available for outsiders. This category includes the users registered as internal users of a University, like staff and students who have a password and a formal relationship with the institution or organisation. Activities will be covered by a site-license, including the viewing and the copying on paper and electronically.

At the workshops it was stressed that publishers and librarians should start discussions on the basis of principles rather than on individual contracts. To give some structure to the uncertain situation they should try to agree on a code of good practice for electronic copying. This was seen as one of the tasks of the ECUP Steering Group. The discussion with the representatives of the larger publishing houses and the publishing trade organisations on 10 July 1995 in Amsterdam gave the first impetus for this.

At the meeting the Steering Group stated that on-site use should be free of charge and that the delivery to external users should be paid for by the end user taking into account the principle of fair use.

One of the subjects which immediately started a discussion was the issue of Inter-Library Lending (ILL). According to the publishers ILL should be treated in the same way as Electronic Document Delivery and should not be a free activity. ILL should not be recognised in an electronic environment. It was stressed that the implied sharing is the largest problem. The results of the discussions can be best summarised by the statement the publishers presented at the end of the meeting.

As an introduction it was stressed that they only represent the opinion of the attending representatives and that they were not speaking on behalf of the whole industry. They expressed their willingness to cooperate, not on the basis of a code of good practice, but by means of a model contract. They became more aware of the problems libraries are dealing with and would like to be involved in further discussions. The Statement was not addressed to the matrix because that would be a totally different discussion. The representatives were willing to discuss the matrix within their organisations and in the Working Group of European Librarians and Publishers (ELP).

The following Statement was produced:

"The electronic delivery of information significantly changes the commercial relationship between publishers and user groups. Electronic uses of copyright material will be facilitated by individual contracts between publishers and user groups, including librarians. Such contracting will allow for EDD directly from publishers to users and this excludes Inter-Library EDD carried out in the name of ILL. One way forward might be the development of a model contract between publishers and user groups."

It was stressed that this Statement reflected the future towards electronic publishing and not the situation at the present time.

The Steering Group felt that the meeting and the discussion on the matrix was a first step in the right direction. Although the matrix was unclear in certain areas, the discussion it provoked was promising. After the meeting the Steering Group discussed the results and changed the matrix to clarify the uncertainties.

The workshops appeared to be an eye-opener for many participants. Many librarians were not aware of the copyright implications of their activities. The ones who were experienced had a defensive and cautious approach towards rights owners and were not always aware of the library privileges under copyright or how to interpret them and to use them to their advantage in negotiations with rights owners. It appeared that the library associations in most of the EU Member States do not have regular contact with copyright experts in their country. Reasons for this were budget constraints and difficulties in finding an expert who is committed to the library community. Regarding the subject of electronic copying the participants expressed a wish to start, in a coordinated way at the European level, constructive discussions with rights owners and to draw up a code of good practice to bring a structure into the present uncertain situation.

A start for this was made with the meeting with the representative of larger publishing houses and publishing trade organisations. Follow-up meetings will be necessary. The authors' organisations and the collecting societies need to be consulted as well. Also the awareness raising among librarians over electronic copying should continue in conjunction with the explanation of the completed code of good practice with the rights owners.

Besides this, the need was expressed at the workshops for establishing a European focal point for copyright issues. This focal point could function to facilitate a common library strategy towards the rights owners for copyright issues identified in projects under the Libraries Programme. A moderated discussion list could facilitate the discussions among librarians on these issues and create a forum for discussing the technical and legal solutions developed for electronic copying. Moreover the focal point could function as the co-ordinator and distributor of information on copyright issues coming from the European Commission and the USA.

The ECUP follow-up project, which will start on 15 January 1996, includes these services. The moderated discussion list will be operational at the beginning of 1996. EBLIDA would like to thank DG XIII/E-3 for initiating the discussion on the implications of copyright on library activities and for the possibility to continue the discussions and awareness raising through the European Copyright User Platform.

	Total ECU
Steering Group	7342
Workshops	7708
Location	1203
Professional staff	19848
Clerical support	8089
Consumables	4844
Consultancy	792
Total	49826 ECU

Currency	Country	Value of the ECU
DKR	Denmark	7.2
DM	Germany	1.9
FF	France	6.5
HFL	The Netherlands	2.09
PTA	Spain	161
UKL	United Kingdom	0.86

Instead of three meetings, four meetings have been organised within the budget to guarantee the continuation of the project. The costs for Ms Giavarra were covered by EBLIDA. The travel expenses for Mr Fisher were carried by the European Commission.

Initially 12 workshops were scheduled and budgeted for, but after the accession of the new Member States, in total 15 workshops were organised by the library associations and were held in 14 Member States of the EU and Norway. The workshop in Norway was paid for by the Norwegian library association. Two workshops were held in the UK, one in London and one in Glasgow. The workshop in Glasgow was paid for by the Library Association of the UK. The workshop of Austria was combined with the workshop in Germany and the workshop of Luxembourg was combined with the workshop in Belgium. Ms Giavarra has given presentations at all the workshops. Travel expenses have been kept to a minimum, either a Saturday night was included or a combination of trips were made.

Dates	From	To	No of Persons	Cost National currency	Days subsistance	Cost ECU	Total ECU
01/11/94	Amsterdam	Lisbon	1	1450.00	2	233.70	927
12/01/95	Amsterdam	Rome	1	814.50	3	350.55	740
20/01/95	Rotterdam	London	1	426.50	1	116.85	321
11/02/95	Amsterdam	Dublin	1	605.50	3	350.55	640
22/02/95	The Hague	Paris	1	209.60	2	233.70	334
02/03/95	Amsterdam	Athens	1	785.50	3	350.55	726
15/03/95	Rotterdam	Brussels	1	67.71	1,5	175.28	208
15/03/95	Brussels	Stockholm	1	1086.00	1,5	175.28	695
23/03/95	Amsterdam	Barcelona	1	623.50	3	350.55	649
31/03/95	Amsterdam	Helsinki	1	1362.50	3	350.55	1002
18/04/95	Amsterdam	Copenhagen	1	1464.50	2	233.70	934
20/04/95	Copenhagen	Hamburg	1	502.45	2	233.70	474
12/04/95	Rotterdam	Amsterdam	1	-	0,5	58.43	58
Total							7708 ECU

The location costs for the meetings at the NBLC in The Hague were limited to the cost for the lunch. Due to the limited conference facilities, the meeting with the representatives of the larger publishing houses was held at the Hilton hotel in Amsterdam. At this meeting 19 persons had lunch.

We hired, for the duration of the contract, professional staff for 30 hours per week to cover the organisation and preparation for the Steering Group meetings; follow up, setting up, running of the workshops and preparing the documentation for the meetings; the management of the budget. The 30 hours was also necessary due to the research for existing licences and common practices for document delivery services to assist the Steering Group. The salary cost were kept within the budget. The hours of Ms Giavarra for giving the workshops and travelling were carried by EBLIDA.

Hfl 3725.12 26 days financial administration

Hfl 9742.40 68 days clerical support

Hfl 3438.72 24 days preparations and follow-up meetings

One telephone line (nr 612 and from June on nr 614) was specially in use for the ECUP contract. The costs are calculated according to the number of units. Each unit is multiplied by Hfl 0,25. Each fax has been multiplied by Hfl 2,00 as an average unit per page. The faxes were sent for the organisation of the workshops, Steering Group invitations and documents, publishers invitations and for promotion.

• Telephone

• Fax

• Copying

• Postage

We have not made use of specific consultancy services during the contract. With the approval of the European Commission we used part of this budget to cover the cost for English-Greek and Greek-English translations at the Greek workshop.

Hfl 1500.00 Translation workshop Greece

Hfl 155.57 Translation workshop questionnaire in French

Ladies and Gentleman,

My paper today will focus on the EU and copyright and more specifically on library activities and electronic copyright. Firstly I will try to lead you into copyright and show you where problems can arise. Secondly I will give you an overview of the Directives on copyright law adopted by or still under discussion with the EU Council of Ministers. Thirdly I will inform you in what way copyright can affect your activities.

Copyright is concerned with the rights of authors, composers, artists and other creators in their works. Copyright law grants them the right for a limited period of time, to authorise or prohibit certain uses of their works by others. Most of the materials available in libraries consist of works protected by copyright law. This means that certain kind of uses of those works in libraries must not be made without the authorisation from the authors. What are 'those works'? Copyright protects 'literary and artistic works' this includes novels, short stories, scientific writings or manuals, and musical works, works of graphic and plastic arts, films, documentaries, but also computer programmes and databases.

The rights provided by copyright are two fold: economic rights and moral rights.

The main aim of copyright is to provide a stimulus for creativity. This means that the law has to make sure that the author will have an economic return on his creation and that he can protect his creation from being violated in one way or the other. The economic rights include the right to copy or otherwise reproduce the work. They also include the right to translate the work, to transform, to perform it in public or broadcast it.

The moral rights generally include the right of paternity, which is the authors right to claim authorship of his work, for instance by having his or her name mentioned in connection with it. The other moral right is the right of integrity, which includes the right to object to transformation of the work.

All these rights are exclusive rights, which means that the owner is the only one allowed to give authorisation for the use of his work. The owner can be the author or the publisher. The rights last for the author's life plus 70 years (was 50 years) after his death. Economic rights can be transferred or licensed, however moral rights are considered to be inalienable.

Copyright is provided for in national laws. Those laws give protection within the national territory. Since 1886 international protection was provided for with the adoption of the Berne Convention for the protection of literary and artistic works. More than 100 countries

signed this Convention and are bound by it. The Berne Convention is based on certain main principles, one of them known as the "national treatment' principle. This means that a country bound by the Convention must give at least the same protection to the works of authors from all other countries bound by the Convention as it gives to its own authors. This means that foreign authors are in effect assimilated to national authors. The Berne Convention provides minimum rights. The administration of the Berne Convention is the United Nations specialised agency the World Intellectual Property Organisation (WIPO) in Geneva.

New phenomena are affecting copyright law, like the new media and information technology. They have changed the international copyright landscape considerably. It allows enormous amounts of material to be stored and endlessly reproduced, without quality loose. The considerable economic interests at stake and the power of the copyright industries have an influence on the development of national and international copyright law and on library activities. Results of this are the EU Directives. I will give you an overview of the Directives adopted by or under discussion with the EU Council of Ministers:

• computer software (adopted)
• lending and rental rights (adopted)
• duration (adopted)
• legal protection of databases (in discussion)
• personal data (in discussion)
• copying of sound and audiovisual works (in discussion)
• reprography (draft expected)

The significance of these Directives is that they have to be implemented into your copyright law. It is most of the times not possible to change the content once the directive has been adopted by the EU Council of Ministers and sent to your country for implementation in your national legislation.

We can divide seven library activities which infringe copyright:

1. copying of written materials in libraries by library users

2. copying of written materials by libraries for users and inter library loan

3. copying of library materials for purely internal library purposes

4. copying of sound and images

5. performance and the communication to the public of works

6. lending to the public of materials from the library stock

7. copying electronic information

1. Copying of written materials in libraries by library users

Customers are allowed to use the library's photocopying equipment to make copies of library stock for their own personal use. It takes place on the responsibility of the person who makes the copy, but the library does have a certain responsibility for ensuring that the equipment that it makes available is not used for extensive and unlawful copying.

2. Copying of written materials by libraries for users and inter library loan

In many cases the legislation of a country concerned contains special provisions under which some copying for the benefit of customers is allowed without payment and without the authorisation from the author, but subject to certain conditions, for instance that only certain materials can be copied, such as articles from newspapers or short proportions from books or that no more than a certain number of copies can be made.

3. Copying of library materials for purely internal library purposes

One should think in this case on the preservation of fragile or valuable material. Most laws contain provisions on the conditions for such copying.

4. Copying of sound and images

Digital technology has made it possible to copy sound and images without any change in the quality of the material. The ease with which copies can be made and the affects to the industry made more and more countries introducing systems of levies on blank tape or recording equipment or both. The proceeds are going to the authors and producers as compensation for this type of use.

5. Performance and the communication to the public of works

In this case one should think of playing CD's and videos in the library. The right to perform a work in public is an economic right of the author. In many countries libraries pay remuneration for this to the authors.

6. Lending to the public of materials from the library stock

The lending of materials form an important part of the activities of any library. In many countries specific compensation schemes for authors have been introduced to give the author an economic return on the lending of his work and to stimulate creativity. The EU Council of Ministers have adopted in November 1992 a Directive which introduced a lending right for each Member State. It is up to the Member States to decide to implement a remuneration right or an exclusive right for the lending by libraries. The difference between the two rights is enormous.

With an exclusive right the author can decide to prohibit the lending of his work. With a right to remuneration the author receives only a payment for the lending. A specific paragraph has been included in which libraries can be exempted totally by the government from paying a remuneration.

At the moment the Member States of the EU are working on full speed to implement this Directive. EBLIDA has lobbied hard to get a good result for the libraries under this Directive. What we see now is that it goes wrong on the national level. In the Netherlands for example the government will possibly introduce a window-time of 6 months for the lending of audio-visual materials. This means that it is not possible for libraries to lend these materials for the period of 6 months. After 6 months the libraries have to pay a remuneration to the author for every lending.

7. Copying electronic information

Electronic information is information in a machine-readable form. Librarians mainly deal with information from databases - online, floppy disk, CD-ROM or computer programmes, but increasingly also electronic information which is available via national networks and the global Internet.

Electrocopying has not been defined satisfactorily in any legislation. The rights owners organisations defines the following acts as infringements of electronic copyright:

• using an optical scanner or document image processor to digitise copyright protected works;

• rekeying such works from paper format into a word-processor;

• downloading from an online database, floppy disk or CD-ROM into a paper format;

• downloading from databases directly on to a computer;

• sending copyright electronic material around a local area network;

• sending such works by E-mail or even by fax.

The problem for the rights owners is that it is very difficult to control these kind of activities. This is not only a national problem. Electronic information does not stop at the borders. Information can be transferred electronically, via the telecommunication network, all over the world. There are various groups of copyrights owners working on the problem of control.

The CITED (Copyright in Transmitted Electronic Documents) project set up under the EC ESPRIT programme seeks to provide a means for controlling, policing and remuneration in respect of works stored in digital form. Some form of technical solution to the problem, an electronic tagging device, is being investigated. The project is due to report shortly.

Access to data bases is governed by contractual arrangements. Downloading from an online data base is permitted only under the terms of the license from the data base owner as part of the contract. How much one is allowed to download differs from database to database and it is impossible to give any strict advise on this. There should not be an objection to going online and download the results of a search and printing it out for personal use, as otherwise there would be no point in subscribing to the service. Downloading from a database in order to reformat and edit the data is perfectly reasonable and is unlikely to damage rights owners' interests. Keeping it in your own data base for re-use may not be acceptable. There is some controversy over passing results on to users especially if there is a fee involved. Many contracts forbid this even though it is well known that many users of online data bases perform searches for third parties.

Computer programmes and CD-ROMs are protected by copyright as literary works. Although there is fair dealing in literary works, you may not make copies of computer programmes without permission or license apart from making a back up copy. The downloading, printing and networking of a CD-ROM is allowed only under certain conditions. Please check the supply contact for this. Generally speaking, if a CD-ROM is purchased outright, downloading to print is subject to fair use. This means that it is reasonable for amounts which are considered not to unfairly prejudice the economic interests of the rights owners.

Downloading from the Internet is a topic which demands a paper on its own. At present it appears to be fairly free of restrictions but does not mean that librarians should abuse works likely to be in copyright. So, in the absence of any restrictions, it is advisable to use common sense. The network is absolutely going to be the testing ground for future viability of copyright.

EBLIDA will keep an eye on this and will inform its members. To be effective we need your cooperation. I would like to ask you to keep a close watch on the developments of copyright law, both at the national and internationally level and to inform us. We have to be aware that copyright is not going to infringe library activities.

Thank you.

A library/information service wants to set up a Electronic Library

a) digitally scan by DIP and/or OCR:

b) access

c) retrieve

d) display

e) print

f) distribute articles electronically for non-commercial purposes to users

g) distribute articles electronically for commercial purposes to non-members

a) scan

b) access

c) display

d) retrieve

e) print and download for private study

f) and download for research purposes

a) scan

b) access

c) display

d) retrieve

e) print and download for private study

f) and download for research purposes

a) ensures that each user can print only a certain number of pages per day

b) agrees to put a standard header on each page:

c) agrees to provide information on usage:

d) agrees that the database will only include journals for which the library/information service has a subscription

e) agrees not to cancel any subscription for the duration of the agreement

f) pay royalties, if it is not for private study and research

g) ask for consent, if it is not for private study and research

h) agrees to pay a lump sum for the use of the works

i) agrees to pay an 'as you go' fee for the use of the works

j) agrees not to sub-licence or transfer the agreement to others

k) agrees to notify the publisher of infringements of copyright brought to their attention

l) agrees that publisher has full rights of enforcement of the copyright on the works

a) warrants that they have full rights to grant the licence to the library/ information service and that the use by the library/information service will not infringe the rights of any third party

b) indemnifies the library/information service for any damage arising out of any such infringements

EBLIDA The Hague, December 1995