Copyright Law and Library Exceptions and Limitations

The law allow for some basic activities, but there have been extensive debates about what the law does not allow, but it is a common practice among librarians, where multiple copyright infringements could be made or libraries would no longer offer services and access to the information for fear of committing infractions. It was detected that legislators are unaware of the daily work of libraries, and there is no connection between changing needs, legislators and library practices. In 2018, the standard was updated for the first time with joint work and consensus among the various stakeholders and exceptions were obtained for loans, digital deposit and orphan works. Colombia had an exception for translation of documents but with an update of 2012 this exception was eliminated, affecting access to information for the various languages spoken in the country. Due to the Free Trade Agreement between Colombia and the United States, an update on Internet Service Providers must be made. The terms of protection of exclusive rights should have been increased, affecting seriously the public domain without having studies that demonstrate that increase strengthens the creation, making the work of libraries in the country more difficult. In 2013, Colombia declared itself in favor of a Treaty on exceptions and limitations for libraries in the Standing Committee on Copyright and Related Rights at WIPO, but unfortunately it was the only time it did. Colombia's position has been to support the protection of authors, being quite timid in the inclusion of exceptions and limitations in favor of libraries and archives. The update of the 2018 law includes the review of exceptions every 3 years; by 2020 public hearings should be held with a view to updating the law and the library sector is expected to present itself at mentioned hearing. The initative which made the agreements possible is #BibliotecariosAlSenado. In 2021, Colombia ratified the Marrakesh treaty with the law 2090.

Costa Rican libraries can lend, copy and preserve their documentary collection for academic and informative purposes; this is according to the Law about creation of libraries in the country (Ley de creación de las Bibliotecas del país). Libraries do not have the power to pay for the use of works; except for the subscription of periodicals. The Copyright Law doesn’t include digital use in library services. It is not established in the Law 6683 to make and share accessible format copies of works for people with print disabilities. An amendment to the Law 6683 that includes free access to digital formats is urgently needed. At the moment, there is no project to amend the Law 6683.

The copyright law of the Republic of Cuba dates back to 1977. Despite its age, it favours to a certain extent the libraries in the realization of their information services to be able to make use of works in their collections, in in printed and digital format, under the protection of articles 38 and 39. The law allows libraries to make photographic means (or similar) in general, as long as this is for non-profit purposes and that the number of copies is limited to the necessary. There are also wider exceptions for quotation, teaching, and works in public places, and it is possible to carry out the above by translating works into Spanish. These uses can be made without the author's consent and without remuneration, but with obligatory reference to the author. There are also broad compulsory licensing measures to support education and science.

Public libraries, non-commercial collection and documentation centres, educational establishments, museums and scientific institutions can make copies on a non-commercial basis, as prescribed by law. Libraries may also benefit from exceptions allowing for performance or quotation. They also fall under provisions implementing the Marrakesh Treaty , and so can make, share and receive accessible format copies of works. As under EU law, lending is allowed, but conditional on public lending right payments being made to authors. Similarly, Cyprus also has provisions for orphan works, which can be used following a diligent search for rightholders. Cyprus is obliged to implement the recent EU Directive on Copyright in the Digital Single Market, which will introduce exceptions allowing for digital preservation, text and data mining, and create new opportunities to provide access to out-of-commerce works.

The current Copyright Law was adopted in 2000. The law is being constantly amended; the last updates were issued in 2021, and further ones can be expected in order to implement the EU Directive on Copyright in the Digital Single Market.

The exceptions or limitations of copyright related to the activities and services of libraries, archives, museums, galleries, schools, universities and other non-profit school related and educational establishments are provided in Art. 37, called Library Licence. These include exceptions for conservation and archiving purposes, for replacement (where there is no commercial copy readily available), providing access on dedicated terminals (i.e., a library may make works belonging to its own collection available digitally on site to the public for research or private study), lending (with public lending right payable except by school, university and various national library institutions), cataloguing. There is also a broad exception for copying (although with the possibility for remuneration) and special rules for orphan works. The free use of works is permissible only in the cases, specified by the law, under the condition that it does not conflict with the normal exploitation of the work and the legitimate interests of the author are not impaired.

There are few exceptions to authors’ right. Public Lending Right. Law no. 2003-517 of 18 June 2003 on remuneration for library loans and strengthening the social protection of authors, came into force on 1 August 2003. See Chapter III, Articles 133-1 et seq. of the French Intellectual Property Code (CPI).   The law n°2006-961 about authors’ right and neighbouring rights in information society (DADVSI) was enacted in August 2006. Three of them directly concern the edition field: education, handicap and libraries, the one we are interested in. The exception voted in 2006 in favour of the libraries opened to the public, museums and archives was limited to the matter of conservation and preservation to ensure on-site consultation of damaged works or no longer available for sales or outdated format (which make them unreadable). This exception was extended by an internet law, also known as HADOPI law (Law nᵒ 2009-669, 12 June 2009) and now includes the right of representation. Libraries are authorised, in the limits fixed by the law (for research purpose in the establishment or specific network, without any financial benefice), to communicate on-site the copy of the legally acquired work by the library if the physical copy is, for example, too damaged to be consulted directly.   The exception to copyright applies to all intellectual works: literary, musical, cinematographic and audiovisual works, works of fine art (paintings, sculptures, architectural works, applied arts), etc. as long as they are protected by copyright. The provisions concerning access to digital files of works concern digital books and printed works.   Law 2016-925 of 7 July 2016 on freedom of creation, architecture and heritage broadened the scope of beneficiaries of the exception. Any individual experiencing one or more impairments—whether motor, physical, sensory, mental, cognitive, or psychological—may be provided with an adapted version of a work, provided that the author or rights holders have not made the work publicly available in a format that meets their accessibility needs. This inclusive definition allows for the consideration of individuals with cognitive and learning disabilities, such as dyslexia, dysphasia, dyscalculia, and dyspraxia.

Exceptions and limitations for libraries Reprographic reproduction is allowed without profit and without the author’s or another copyright holder’s and without paying him/her royalties, but with compulsory acknowledgement of the author and the source.  In certain cases, there may be specific limitations on the reproduction. The following situations are permitted:

1. Libraries and archives can make a single copy to replace lost, damaged, or unusable copies of lawfully published works. They can also replace copies from other libraries if these copies cannot be obtained through regular channels.
2. Libraries and archives can make a single copy of lawfully published articles, small works, or excerpts (excluding computer programs) at the request of individuals for educational, research, or personal use.
3. Educational institutions may reproduce lawfully published articles, small works, or excerpts (excluding computer programs) for teaching purposes.