IAML welcomes the opportunity that nationalgovernments of the EC have to clarify and improve legislation in thearea of copyright and looks forward to changes which will maintain asatisfactory balance between the interests of copyright holders aswell as those of other key stakeholders.

No rehearsal of the complex issues that havebeen extensively debated in the past years is possible or advisableduring the final consultation period before implementation of theterms of the copyright directive by 22 December 2002. IAML thereforetakes this opportunity to request that national governments giveproper consideration to the following points which are of greatimportance to the music library community:

That exceptions in accordance with the terms ofthe directive be permitted for

1. libraries, educational establishments, museums and archives which are not for profit;
2. teaching purposes and research;
3. private copying in circumstances that do not prejudice the interests of the copyright holders;
4. people with disabilities;
5. criticism and review. 

IAML confirms that it will work with copyrightholders to protect their interests as defined by law, and looksforward to working with copyright holders to devise simple means ofcopyright interpretation, regulation and administration.

Berkeley, August 2002

INTERNATIONAL ASSOCIATION OF MUSICLIBRARIES, ARCHIVES
AND DOCUMENTATION CENTRES (IAML)

ASSOCIATION INTERNATIONALE DESBIBLIOTHEQUES, ARCHIVES
ET CENTRES DE DOCUMENTATION MUSICAUX (AIBM)

INTERNATIONALE VEREINIGUNG DERMUSIKBIBLIOTHEKEN,
MUSIKARKIVE UND MUSIKDOKUMENTATIONSCENTREN(IVMB)

To whom it may concern

The International Association of MusicLibraries, Archives and Documentation Centres (IAML) is concerned tosee that the interests of the music library community receiveadequate recognition as European national governments propose draftlegislation to implement the EC directive on the Harmonisation ofCertain Aspects of Copyright and Related Rights in the InformationSociety (2001/29/EC).

At the annual conference of IAML held in August2002 in Berkeley, California (USA), the following statement insupport of copyright principles as related to music was adopted bythe Council of the Association.

This formal statement is followed by severalillustrative examples chosen from different countries with diverselegislative systems. These examples help illustrate that the copyingof sheet music is permissible without prejudicing the legitimaterights of copyright holders. They show that the library community iswell experienced internationally in co-operating with copyrightholders, in order to respect their interests and to exerciseresponsibly both limitations and exceptions.

IAML cannot express too strongly how importantit is that these considerations be given proper recognitioninternationally and will be most grateful to anyone who can helpfacilitate a satisfactory resolution of these issues inItaly.

Sincerely,

Dr. John H. Roberts
President, IAML

Berkeley, 10 September2002

 

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INTERNATIONAL ASSOCIATION OF MUSICLIBRARIES, ARCHIVES
AND DOCUMENTATION CENTRES (IAML)

ASSOCIATION INTERNATIONALE DESBIBLIOTHEQUES, ARCHIVES
ET CENTRES DE DOCUMENTATION MUSICAUX (AIBM)

INTERNATIONALE VEREINIGUNG DERMUSIKBIBLIOTHEKEN,
MUSIKARKIVE UND MUSIKDOKUMENTATIONSCENTREN(IVMB)

One of the most remarkable features of theEC directive is the possibility that it offers for theincorporation of the Berne Convention's 3-step test into Europeannational legislation. If any of the national governments provide forany of the optional limitations and exceptions mentioned underarticle 5.1 - 5.3 of the directive, compliance with article 5.5 (the3-step test) is mandatory. This is at once a safeguard to ensure thatnone of the rights conferred under article 5.1 - 5.3 prejudicecopyright holders' rights unfairly, and an invitation for thosegovernments to provide for copying provisions which comply with the3&emdash;step test.

In the UK and Ireland, the concept of'fair dealing' is long established, and defined in section 29 of the1988 Copyright Act. In addition, section 39 of the Act explains theinstances where libraries may copy material under special privilege.Both these statutory provisions are defined in more detail, and mostamicably, in the Code of Fair Practice agreed betweencomposers, publishers and users of printed music (UK, MusicPublishers 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, undercertain conditions, directly with conservatories and also, globally,with the Ministère de l'Education Nationale and the CFC(Centre Français du Droit de copie) for generaleducation.

In Denmark, following the EC directive,libraries and copyright holders have agreed to licence terms for thecopying of sheet music in libraries.

In the US, the definition of the conceptof 'fair use' is to be found in s107 of the 1976 Copyright Act, whichstates that such things as the purpose, character and quantity of thecopying, whether or not it is commercial, and the economicconsequences to the copyright holder, determine whether such copyingis '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

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