1. RESOURCE SHARING AMONG TURKISH ACADEMIC LIBRARIES WITHIN THE CONTEXT OF COPYRIGHT LAW AND LICENSE AGREEMENTS SAMI ÇUKADAR sami.cukadar@bilgi.edu.tr KEREM KAHVECIOĞLU kerem.kahvecioglu@bilgi.edu.tr The 14th ILDS Conference Resource Sharing at the Crossroads 1 - 3 October 2015, Istanbul

2. Agenda  Definitions  Resource Sharing in Turkey  Resource Types Shared in Turkey  The Law On Intellectual and Artistic Works (FSEK)  Resource Sharing Systems  License Agreements  Summary and Recommendations

3. Resource Sharing  The activities that result from an agreement, formal or informal, among a group of libraries (usually a consortium or network) to share collections, data, facilities, personnel, etc., for the benefit of their users and to reduce the expense of collection development (ODLIS).

4. Copyright  The exclusive legal rights granted by a government to an author, editor, compiler, composer, playwright, publisher, or distributor to publish, produce, sell, or distribute copies of a literary, musical, dramatic, artistic, or other work, within certain limitations (fair use and first sale).  Copyright law also governs the right to prepare derivative works, reproduce a work or portions of it, and display or perform a work in public (ODLIS).

5. License Agreement  A formal written contract between a library and a vendor for the lease of one or more proprietary (copyrighted) bibliographic databases or online resources, usually for a fixed period of time in exchange for payment of an annual subscription fee or per-search charge (ODLIS).

6. Aims of Copyright Law and License Agreements  The aims of Copyright Law  to establish and protect the moral and economic rights, on their products, of authors who create intellectual and artistic works, performers who perform or interpret such works, phonogram producers that make the first fixation of sounds, producers that make the first fixation of films, and radio-television organizations;  to regulate the conditions of exploitation of such products and to determine the sanctions for exploitation in breach of such rules and procedures.  The aims of license agreements  to lease of one or more proprietary (copyrighted) bibliographic databases or online resources, for a fixed period of time  in exchange for payment of an annual subscription fee or per-search charge.

7. Why Copyright and License Agreements Important for Libraries?  Rights to use print resources generally governed by National Copyright Law  Rights to use electronic resources generally governed by Contract Law via License agreements  Libraries purchase print resources with rights implicit to that purchase  Libraries license or lease access to use the electronic resources via license agreements

8. RESOURCE SHARING IN TURKEY

9. History of Resource Sharing in Turkey  The regulation for “Interlibrary Loan of Printed Books”  Other work also aimed to prepare regulations or drafts for law bills.  An operational work has been carried out by the “Committee for Interlibrary Collaboration Law,” formed by the General Directorate of Libraries and Publications: a draft for “Interlibrary Collaboration Law” has been prepared specifically for university libraries in 1988.  Printed forms until 2008  With the introduction of the standard ILL forms came improvements to processes and increased speed and efficiency in processing.

10. Resource Sharing Systems among Turkish University Libraries and Their Membership Number of Universities Resource Sharing Systems and Membership

11. Resource Types Mostly Shared within University Libraries  Print resources  Journals-articles  Books  Dissertations  Audio-visual  E-resources  e-journals-articles  e-books  e-dissertations

12. Law No. 5846 of December 5, 1951 on Intellectual and Artistic Works Copyright Law in Turkey

13.  Law No. 5846 of December 5, 1951 on Intellectual and Artistic Works (FSEK)  Amended by:  Law No. 2936 of 1.11.1983  Law No. 4110 of 7.6.1995  Law No. 4630 of 21.2.2001  Law No. 5101 of 3.3.2004  Law No. 5217 of 14.7.2004  Law No. 5571 of 28.12.2006  Law No. 5728 of 23.01.2008

14. Purposes of FSEK  To establish and protect the moral and economic rights, on their products, of authors who create intellectual and artistic works, performers who perform or interpret such works, phonogram producers that make the first fixation of sounds, producers that make the first fixation of films, and radio-television organizations  To regulate the conditions of exploitation of such products and to determine the sanctions for exploitation in breach of such rules and procedures.

15. Work-FSEK Any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work or work of fine arts or cinematographic work.

16. Types of Intellectual and Artistic Works  Literary and Scientific Works  Musical Works  Works of Fine Arts  Cinematographic Works

17. Types of Rights  Moral Rights (exclusive)  Authority to Disclose the Work to the Public  The Authority to Designate the Name  Prohibition of Modification  Rights of the Author against Persons Who Own or Possess a Work  Economic Rights (exclusive)  Right of Adaptation  Right of Reproduction  Right of Distribution The exclusive right to rent, lend, put up for sale or distribute in any other way, the original or copies of a work, belongs to the author. The distribution of a work or its copies by way of rental or lending, may not lead to a widespread copying of the work in a manner prejudicing the right of reproduction of the author. The rules and procedures regarding the application of this article shall be regulated with a by-law to be issued by the Ministry of Culture and Tourism.  Right of Performance  Right to Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images.

18. Duration of Term of Protection  The lifetime of the author and for 70 years after his death.

19. Limitations and Exceptions in FSEK  Due to Public Interest  Selected and Collected Works for Educational and Instructional Purposes  Freedom of Quotation  Due to the Interest of Individuals  Personal Use It is permitted to reproduce all intellectual and artistic works for personal use without pursuing profit. However, such reproduction may not prejudice the legitimate interests of rightholders without good reason or conflict with the normal exploitation of the work.

20. Exceptions on libraries / resource sharing

21. Draft Laws on FSEK  Draft laws in 2010 and 2012  3 library related articles (exceptions)  Exception for copying for preservation provisions  Exception for public lending  Exception for partial reproduction with renumeration

22. Systems Used in Resources Sharing in Turkey

23. Resources Sharing Systems in Turkey  Print forms until 2008  OCLC (1990 - )  KITS (2008 - )  TUBESS (2011 - )

24. Resource Sharing And License Agreement  Consortial  ANKOS – TRNSL Rights and rules  ULAKBIM Rights and rules  Institutional  Sign by institutional

25. Resource Sharing And ANKOS  Consortial  ANKOS – TRNSL Rights and rules

26. ILL Rules of Databases Within ANKOS Consortium Allow30 Not Allow10 NA4 Allow11 Not Allow18 NA6 Journal Database: 44Other Databases: 35

27. Resource Sharing and ULAKBIM-EKUAL  ULAKBIM-EKUAL Rights and rules

28. ILL Rules of Databases Within EKUAL Consortium Allow14 Not Allow0 NA1 Allow2 Not Allow1 NA4 Journal Database: 15Other Databases: 7

29. SUMMARY AND RECOMMENDATIONS

30. Summary  Neither the current legislation (FSEK) in Turkey nor the draft amendment under discussion provide any exceptions regarding resource sharing.  Silent consensus  Some of the database license agreements examined for this study include specific conditions on resource sharing  The number of meetings and studies increased on resource sharing in Turkey recently

31. Recommendations  Resource sharing should be addressed in the proposed amendments to the legislation as an exception  Journal and e-book database license agreements should cover and allow resource sharing  The studies of IFLA on library exceptions should be supported and contributed for a global resource sharing agreement  Librarians and NGOs should take an active role and do lobbying  Librarians and publishers should try to understand each others positions and to try to find workable solutions by defining the activities they want to conduct as precisely as possible.