STM issues Statements on Digital Copyright Exceptions

["Janice Kuta" <kuta@stm-assoc.org>]

Oxford UK, 13 June 2008 - For immediate release

The International Association of STM Publishers (STM) today 
released its position paper on digital copyright exceptions and 
limitations for education and research 
<http://www.stm-assoc.org/documents-statements-public-co> and has 
also taken the opportunity to comment on the recently released US 
Section 108 Study Group Report on digital library exceptions. The 
position paper and these comments help to answer questions on how 
copyright law will adjust to technology given the concerns of the 
academic and research communities.

Currently, there are few exceptions to copyright limitations that 
are specific to education and research in the digital 
environment, but it is likely that more exceptions will be 
considered in the future.  STM therefore commends the report by 
the US Copyright Office of the Section 108 Study Group, which was 
released in March 2008 and which deals with digital exceptions 
for libraries , for its serious and reasoned approach to these 
issues.

"Any proposed exceptions and limitations for education and 
research dealing with STM materials must avoid distorting the 
vital and trusted system for communicating science.  STM 
recognizes that archival needs, support for access by the 
visually disabled and interlibrary copying of rare materials, for 
example, are important functions for scholars, researchers and 
archivists.  STM is willing to participate in formulating either 
legislation or sector-by-sector agreements on these issues," said 
Michael Mabe, STM's CEO.

STM will also participate in discussions on individual or 
collective licence schemes for 'on the premises' viewing of 
digital archives, electronic course-packs and orphan works usage 
clearances.

With respect to the Section 108 Group Report, STM agrees on 
matters such as mandates for digital preservation where 
commercial copies are not immediately available, on limited 
numbers of copies for archiving purposes and for the ability of 
libraries to 'refresh' digital items to accommodate technological 
change.

STM publishers have been working pro-actively with national 
libraries (including the Royal Library of the Netherlands) and 
non-profit organizations such as Portico for long-term archiving 
projects and supports enabling access to STM materials for those 
with visual disabilities through cooperation with relevant local 
or national authorities or specialized organizations.

See http://www.section108.gov/

In matters of exceptions for digital interlibrary loans, however, 
STM's position differs from that of the Section 108 Report. 
STM's view is that with so much STM content available 
electronically and on a transactional basis, the presumed 
scarcity of scholarly materials is inapplicable.  While there may 
be a scholarly need for a non-commercial and educational library 
to make a digital copy of unique and rare scholarly material for 
another non-commercial and educational institution, this should 
be limited to material that is not commercially available in the 
geographic territory of the 'requesting' institution.

The possibility of deliveries of digital copies competing with 
publisher-organized supply services should be avoided at all cost 
and STM therefore does not recommend any changes to existing 
'interlibrary loan' principles for print materials, which usually 
arise as a national exception or collective licence.

Although the Section 108 Report Group did not address matters 
such as course-packs, which the STM Position Paper does, STM 
believes that this matter must be addressed in voluntary or 
collective licensing agreements.  Similarly, on-premises access 
to archived content, and the use of so-called 'orphan works' 
should also remain the subjects of licensed solutions.

 				* * * * * * * * * * * * * *

STM is an international association of about 100 scientific, 
technical, medical and scholarly publishers, collectively 
responsible for more than 60% of the global annual output of 
research articles, 55% of the active research journals and the 
publication of tens of thousands of print and electronic books, 
reference works and databases. We are the only international 
trade association equally representing all types of STM 
publishers - large and small companies, not for profit 
organizations, learned societies, traditional, primary, secondary 
publishers and new entrants to global publishing.

For further information, please contact:

Michael Mabe, STM
email mabe@stm-assoc.org or
phone +44 1865 339321