EIFL welcomes the launch of a new WIPO toolkit that aims to provide guidance for national legislators on copyright provisions needed by libraries, archives and museums to preserve documents, films and other national treasures entrusted to their care. The launch (online and in person) took place in Bogota, Colombia on 2-3 September 2024.

The WIPO Toolkit on Preservation is available in Arabic, Chinese, English, French, Russian, and Spanish.

The Toolkit is necessary and the issue is urgent. WIPO studies show that the preservation provisions in the copyright laws of many countries are inadequate and in 2021, for example, Africa lost a part of its history in a devastating fire at the University of Cape Town: due to copyright restrictions, some items in the library’s collection had no digital backups. 

Preservation - a practical step in the right direction

EIFL, together with other stakeholders, participated in the drafting process of the toolkit that represents a major step forward in promoting modern copyright exceptions for preservation. It provides copyright officials and cultural heritage professionals with practical guidance on how to craft an exception that enables preservation of material in library collections using 21st century digital technology. In particular, it affirms that anticipatory preservation (before any deterioration or other loss) is critical to meet the many threats to the collections of cultural heritage institutions, including the fires and floods brought on by climate change, as well as the illicit trafficking of cultural property.

The 38-page document describes the key elements of preservation programmes. It also explains the rationale and need for a preservation exception, and surveys a range of factors that should be taken into account when an exception is being drafted, such as format neutrality, pro-active preservation, and co-operative preservation programmes. The toolkit is co-authored by Prof Kenneth Crews, Rina Pantalony, and David Sutton, experts in copyright and cultural heritage institutions.

“We hope that this first Toolkit on preservation will offer a pragmatic and efficient way to support Member States in their efforts to build or modernize their legal framework to ensure effective preservation of their cultural heritage, including by using emerging technologies.” - Sylvie Forbin, Deputy Director General, Copyright and Creative Industries Sector, WIPO

Follow-on toolkit: access to preservation copies

The toolkit comprehensively addresses the issue of preservation copying; however, it does not deal with the important issue of making those preservation copies available. EIFL did not support the decision to separate copying from access (after all, works are preserved to be used). However, we are pleased that work is already underway on a follow-on toolkit that addresses access to preservation copies. 

Background 

The toolkit was prepared as part of broader discussions on Limitations and Exceptions (L&Es) for libraries and archives at WIPO's Standing Committee on Copyright and Related Rights (SCCR), where EIFL has supported proposals to advance the topic of preservation exceptions. In 2019, preservation was identified by member states as a priority topic during a series of WIPO Regional Seminars and an International Conference on L&Es held in Geneva, and the idea arose to develop toolkits to guide targeted technical assistance to WIPO member states. In 2023, preservation, and the development of toolkits, was included as a priority area in a new work programme on L&Es adopted by the Committee (document SCCR/43/8). 

The toolkit was launched in September 2024 by WIPO, in collaboration with the National Directorate of Copyright in Colombia, at an International Seminar Safeguarding Cultural Heritage in Libraries, Archives and Museums through Copyright Law. More information about the launch.