How does the Publishing Community look upon the legal deposit of digital files ofcopyrighted works, or implicitly, the distribution of copyrighted publisher files forother purposes e.g. accessible copies?

From real-time transcript WIPO SCCR28 (with some editing) Friday AM (4 JULY2014) Webcast at 02 hr 18 min, IPA Secretary General, International PublishersAssociation (IPA)

http://www.wipo.int/webcasting/en/

>> IPA: Mr. Chairman, please allow me to briefly summarize the very constructivediscussions that are going on and have been going on over the years betweenlibraries and publishers on the issue of legal deposit, that will explain to you whyour position is that we should not discuss legal deposits as a separate issue but allcopyright aspects are actually subsumed under the other discussion issues,remote access, reproduction, et cetera.

From a publisher perspective, legal deposit is not a copyright issue initially,because the core issue is making sure that publishers give their works to librariesin the first place. That's not an act restricted by copyright. That is an obligation,either under law or it is under a voluntary system. And discussions andexplorations with libraries and publishers have shown that compliance, whetheryou have a high compliance rate, which all desire or whether you have a lowcompliance rate does not depend on whether a legal deposit system it wasstatutory or voluntary but it depends on the trust of the rights holders in thesystem that it works, that the works are being looked after, and that it, indeed,serves the preservation of this heritage. In the digital environment, the legaldeposit has new challenges and these challenges are what are going to determinewhether a legal deposit system, whether statutory or voluntary is going to besuccessful.

Among these criteria are IT security: because nobody is going to give a digital file,which is not well protected to a library if he himself has a very strong need forsecurity. The operational issues: how easy is it to make legal deposit? Thecurational issues: is the library actually in a position? Is it capable? Is it funded to

actually ensure the long-term preservation? And is it able to deal with all the newkind of digital products that publishers are creating, online databases, customarypublishing, self-publishing, et cetera, et cetera. And one of the aspects of whetherpublishers trust and will collaborate with a legal deposit system is actually thecopyright regime under which these copies, in particular, the digital copies arebeing held.

So if I give my legal -- my digital copies, who will have access? Will it be safe --held safely? Will this legal deposit copy compete with my commercial product? Ifit does, we destroy the kind of trust and the need to collaborate and the will tocollaborate because suddenly, there's a real and heavy commercial burden onthis.

Many areas where this collaboration is currently functioning now deal with thekind of embargo, so that this work is deposited, but it actually remains under avery restricted access policy for a time that is set by the publisher. So this is theother where copyright law comes in. Two wide exceptions, heard compliance, twonarrow exceptions do not give the libraries what they actually need in terms ofuses that they have and they are doing in the public interest.

This balance is hard to achieve, but all of these access issues, whether it's taking alegal deposit copy, and allowing remote access, taking a legal deposit copy andallowing document delivery. Taking a legal deposit copy and providing it foreducation or copying it for preservation, all of these issues are secondary and arethe copyright issues, the area where copy right actually intersects with legaldeposit.

I do not believe, therefore, that legal deposit should be a separate issue here. Allof these uses are actually covered by other topics we are raising, however, as wediscussed them, we should bear in mind that a too lax copyright law will actuallyharm copyright compliance