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There are two kinds of international legal instruments that are A look at of interest to book development. One has to do with the the normative free flow of ideas and the other with the ownership of intellectual property. aspects |
The international agreements developed and promoted by UNESCO provide easier access to information and ideas, and stimulate the creation of original works of authorship, both of which are essential for national development. In addition, the copyright conventions are protections against 'pirating', a practice which harms the professionalism of publishers and authors by depriving them of remuneration for their work.
Educational publishing is covered by the same restrictions as general publishing and the conditions for the import of books, as well as copyright regulations, are important factors in book provision in developing countries. (1)
There is only one important exception in this regard: compulsory licensing - now part of the international copyright system - which allows publishers and educational agencies in the developing world easier access to books and journals published in industrialized countries. Many textbooks in developing countries contain material which is reprinted or adapted from books published in industrialized countries. Copyright treaties deal with the broader question of appropriate quotations from copyrighted works, but the free adaptation of material is not covered. The legal, as well as the moral, political and educational consequences of such practices have not yet been addressed. National copyright laws also have an impact on textbook development. In many developing countries, however, copyright is in fact not accorded to the writers and illustrators of textbooks and, consequently, such writing has little status.
International legal instruments have status only in countries which are signatory to them. Whether or not a country is signatory to one or more of the existing agreements and conventions may well have a bearing on the way international interests judge conditions for co-operation and publishing.
The free flow of ideas by word and image
One of UNESCO's main constitutional objectives is to facilitate the exchange of publications, objects of artistic and scientific interest, and other informational materials. It recommends international agreements as a means of overcoming economic obstacles to the flow of ideas and promotes the free flow of ideas by word and image between countries.
Access to a free flow of ideas or information from abroad is especially important for the many developing countries which have gained independence since 1950, particularly because they often do not have a well-developed book sector.
The first UNESCO international convention in this area was the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character (Beirut, 1948). Its major purpose is to allow individuals and organizations to import educational, scientific and cultural films and audio materials with less difficulty by countries which are signatory to the agreement and commit themselves to decrease tariffs and taxes on such materials and minimize currency regulations and other trade obstacles.
Based on this convention, the Agreement on the Importation of Educational, Scientific and Cultural Materials (Florence, 1950) was much wider in scope and covered, in particular, books, works of art, and printed materials of various kinds. Designed to promote education, science and culture, it was primarily a tariff and trade instrument.
Since this agreement, drafted in 1950, great technological advances have been made, and it was found necessary to add a Protocol, adopted in Nairobi in 1976, which dealt with the changes brought about in materials and the way these are used in education and elsewhere.
The Florence Agreement and its Protocol differ in a number of respects from the Beirut Agreement. While the Florence Agreement and its Protocol cover many kinds of materials, including auditory and visual materials, the Beirut Agreement was devoted exclusively to auditory and visual materials and was distinctive in two ways.
The Beirut Agreement grants, in addition to exemption from customs duties and other special import taxes or fees, freedom from quantitative restrictions and the need to apply for an import licence.
The Beirut Agreement accords these benefits on the basis of the certified educational, scientific or cultural character of the materials rather than upon their consignment to an approved institution or organization.
The Florence Agreement and its Protocol and the Beirut Agreement are complementary but separate international legal entities, each with its own procedures. Governments may adhere to either or to both.
In addition to these agreements, there are six international conventions which deal with the temporary importation of educational, scientific and cultural materials.
For more information, individuals, institutions and organizations can apply to the competent authority in their country, such as the Ministry of Education or Finance. Inquiries may also be addressed to: UNESCO, The Book and Copyright Division, 1, Rue Miollis, 75732 Paris Cedex 15, France.
The texts of The Florence Agreement and its Protocol, and the Beirut Agreement are reprinted in two brochures, each including an introduction. Both are available through UNESCO, at the above-mentioned address, as is a practical guide to them.
Copyright
Ownership of intellectual property, or copyright, is covered by international legal instruments. The modern concept of copyright has a long history. In an effort to regulate an emerging book trade, the Statute of Anne, a British copyright law of 1710, recognized the author's right to authorize the making of copies of his or her work and established statutorily a limited term of protection of this right, after which time the work entered the public domain. Copyright legislation then, as now, was not only a matter of recognizing the rights of authors and others involved in the book trade (such as publishers and booksellers) but also a question of control of knowledge (including censorship). Soon after, many other countries adopted similar copyright laws.
Today, the concept of copyright embraces not only original artistic works and creative writing but also computer programs and databases as well as semiconductor chips. Like a patent or a trademark, the copyright mark (©) provides the author or owner with broad rights to the control of the various modes of reproduction and use of their work or the right to exact payment for its use.
National copyright laws (2) differ most of all in terms of ideological context. Thus, there are at least three approaches that guide national copyright legislation.
The first stresses the moral right of the individual to his or her creative property be it a work of art, an invention, or a book. This is reflected in most of European copyright laws and in the Berne Convention. . . . The second approach, nicely summarized in the US Constitution, holds that copyright is intended to stimulate creativity and invention and that it is a privilege granted to individuals for the benefit of society. The third approach is the societal theory exemplified by the Soviet copyright system. In this system, the society has certain basic rights over creative work, and the copyright laws reflect a compromise between personal rights and the rights of the collective enterprise. The concept of copyright as property, which is the key to market economies and is basic in both the US and European approaches to copyright, is absent from the societal theory. Historically, most developing nations inherited the European approach to copyright . . . Given other development priorities, developing countries have moved slowly to make their copyright laws indigenous. Furthermore, there has been a good deal of controversy concerning the appropriate orientation to copyright. Current thinking in developing countries on copyright reflects elements of all three of the basic approaches and may in the long run contribute to a synthesis of theoretical perspectives on copyright and the distribution of knowledge. (3)
Not everyone agrees that copyright is a good thing. But because the importance of copyrighted works in international commerce is growing, the need for basic uniform copyright protection has become increasingly necessary.
There are two major international conventions on copyright: The Universal Copyright Convention (Geneva, 1952) and the Berne Convention for the Protection of Literary and Artistic Works, first established in 1886 and since revised a number of times.
The Berne Convention is more rigorous in its minimum standards for copyright in adhering countries than is the Universal Copyright Convention. Another difference between the two is that the Berne Convention follows the principle of national treatment, which means that eligible works from other countries are given at least the same rights and protection as a signatory country gives its national copyright holders.
The two conventions are independent of each other and governments may adhere to either or to both. At the moment, fewer countries are signatory to the Berne Convention than to the Universal Copyright Convention, but the numbers are growing. In 1989, the United States became signatory to the Berne Convention. As already indicated, there are growing international pressures for uniform copyright protection and it is expected that more countries will become signatories to these Conventions in the near future.
For more information, individuals, institutions and organizations can apply to the competent authority, such as the Ministry of Culture, the Ministry of Commerce or the Ministry of Justice.
Inquiries may also be addressed to:
UNESCO, Book and Copyright Division,
1, Rue Miollis, 75732 Paris Cedex 15, France.
or to:
World Intellectual Property Organization (WIPO),
32-34, Chemin des Colombettes, 1211 Geneve 20, Switzerland.
The text of the Universal Copyright Convention is available in a booklet: Universal Copyright Convention as Revised at Paris on 24 July 1971, Paris, UNESCO, 1971.
The text of the Berne Convention is available in a booklet published by WIPO: The Berne Convention for the Protection of Literary and Artistic Works. Paris Act of July 24, 1971, as amended on September 28, 1979. WIPO, 1992. (WIPO Publication, 287.)
The texts of the above-mentioned agreements and conventions are also available through international databases on networks such as Internet or CompuServe.
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| Chapter 5 | Appendix 1: Book sector survey |
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