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Dear Colleagues Apologies for cross-posting. Below is an urgent message from Sandy Norman, Copyright Adviser to The Library Association. Urgent lobbying action is needed now, so we would be grateful if you would consider writing personally to your own MEPs by e-mail or fax asap. Please note that each MEP for a region represents each person living there so you can write to all of those representing your region. You can use (and amend if you wish) the text of the letter which appears below at the very end of this message under the heading/subject line of "EU Directive on copyright and related rights in the information society", to send to your own MEP whether or not he or she is on the Legal Affairs Committee (LAC). The Library Association has already faxed its own letter to all the UK MEPs who sit on the LAC. The names and contacts for all UK MEPs by electoral region can be found at http://www.europarl.org.uk/uk_meps/mainframe.html Library and information workers and users now need to mobilise to maintain the fair balance of the Common Position. This is the first stage and we may need to ask you to lobby again in a few weeks when the draft Directive goes to the European Parliament next month. If as a result of writing you get asked for more information by your MEP(s) please contact me and we will supply. Thank you for your support. Barbara Stratton Information Manager, Members' Information Centre E-mail: [log in to unmask] Tel: +44 (0)20 7255 0624 (direct) The Library Association, 7 Ridgmount Street, London WC1E 7AE Tel: +44 (0)20 7255 0500 Fax: +44 (0)20 7255 0501 Textphone: +44 (0)20 7255 0505 General email: [log in to unmask] Web: www.la-hq.org.uk/ From Sandy Norman... Setback on the EU Copyright Directive The final stages of this Directive are in sight although we have had, potentially, a huge setback. On the 8th January, the rapporteur of the Legal Affairs Committee, Mr Boselli, presented his eagerly awaited draft recommendations on changes to the Common Position text. The Legal Affairs Committee then put forward their own amendments to the text which will be put to a vote on 30 January. This is the text that will then go forward for a vote by the whole European Parliament 12-15 February. Around 200 amendments have been tabled, some good, most bad. This deluge of amendments looks like a device to discredit the carefully balanced Common Position. From the debate, it is clear that many MEPs believe that the protection given to rightsholders in the Common Position is not tight enough and that private copying should be even more restrictive. From our point of view the Common Position, while not ideal, is a good compromise. The Council of Ministers worked hard to reach this compromise during 1999-2000 and have been pressing for its adoption as it is. It complies with the WIPO obligations and presents as good a balance as possible. However, the Common Position text is now under threat from some MEPs who apparently do not understand the word balance. From initial analysis of the amendments, it is especially bad for libraries, education and research. Practically all of the exceptions are under attack. Despite the checks of the three-step-test, some MEPs still persist in believing that every exception should have a fair compensation clause as well. The whole point of the three-step-test is that exceptions should not harm rightsholders so there is no need for them to be compensated for something which does them no harm. The worst blow for libraries is the proposal that Article 5.2(c), the exception covering library copying, should be limited yet again to archiving and conservation only! This is actually worse than the amended proposal text of May 1999 because this time there is also the fair compensation clause attached. It is very important that the Legal Affairs Committee do not accept these amendments. We must persuade the 70 members (35 permanent and 35 substitutes) to reject them. Otherwise, the whole Common Position is in danger of collapsing. There is very little time left to change things but we must try. Please try to contact your regional MEPs, especially if he/she is a member of the LAC. UK MEPs on the Legal Affairs Committee Mr Bill Miller MEP (socialist) fax: 00-32-2-284-9715; email: [log in to unmask] Ms Arlene McCarthy MEP (socialist) fax: 00-32-2-284-9501; email: [log in to unmask] Mr Malcolm Harbour MEP (conservative) fax 00-32-2-284-9132; [log in to unmask] The Lord Inglewood MEP (conservative) fax: 00-32-2-284-9309; email [log in to unmask] Ms Diana Wallis MEP (liberal) fax: 00-32-2-284-9201; email: [log in to unmask] Ms Theresa Villiers MEP (conservative) fax: 00-32-2-284-9792: email: [log in to unmask] Ms Mel Read MEP (socialist) fax: 00-32-2-284-9511; email: [log in to unmask] Professor Neil MacCormick MEP (Green group, SNP) fax: 00-32-2-284-9480; email [log in to unmask] A suggested letter for your own MEPs (whether or not he she is on the LAC) follows below. Dear EU Directive on Copyright and Related Rights in the Information Society I am one of your constituents. The following problem may not be one with which you have much direct concern but I hope you will be able to use your influence with the fellow members of your party in Europe who sit on the Legal Affairs Committee. This Directive is about Copyright and the Information Society and so will affect the way all information is handled from protection for all rights holders to access for legitimate public interests. It has been extremely controversial. The first text appeared in December 1997 and it still has not been adopted although a Common Position was finally reached last September. Although not entirely ideal, the education and library community approve of the text of the Common Position and could now live with it as it is. The Council of Ministers working group has worked hard for over a year to find a reasonable compromise. Now the text is with the Legal Affairs Committee which has to recommend whether it can be adopted or not by the EP in February. Some MEPs have put forward amendments to this carefully crafted text which threaten to upset the balance between protection and access and will interfere with education and library uses of copyright protected material. This not only covers Internet uses but also print-based material as well. We are aware that some 200 amendments have been put forward, many of them on behalf of powerful groups of rightholders in order to secure more protection for their position. Such well-meant intervention is unnecessary since rightholders are already thoroughly protected by a fail-safe provision in the text which is demanded by international copyright conventions. Any use of their material that affects them adversely can be stopped, or made the subject of payment, by virtue of Article 5.5. If these harmful amendments are adopted, the essential user services covered by the present UK library copyright regulations would cease. Furthermore, they could prevent libraries from playing an active part in the digital environment. As the critical vote on amendments to the Copyright Directive approaches I should like to urge your support for the Common Position and the few amendments proposed by the Legal Affairs Committee's rapporteur, Mr Boselli. I would be grateful if you could do all you can to help. Time is short as the LAC is voting next Monday. If you need more information, I will gladly supply it. Yours sincerely