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TWN
Info Service on Intellectual Property Issues (June09/04)
It was first published in SUNS and is reproduced here with permission. Regards WIPO:
Copyright Committee moves forward with exceptions and limitations
This came after intensive week-long plenary discussions and hours of informal discussions by a small group tasked with negotiating the conclusions of the meeting. The core controversy was how to reflect future work on E&L in the conclusions, as developed countries considered as "premature" having discussions on the proposed treaty at the next SCCR session, while the developing countries were keen to embark on a discussion of the proposed treaty, as well as a broader agenda on E&L. (See SUNS #6710 dated 2 June 2009.) The final agreed conclusions of the SCCR, which were negotiated in a closed room among a small group of countries comprising the regional coordinators plus one or two other countries from each group, accommodate these different points of view. The agreed conclusions reconfirm the SCCR's commitment "to work on the outstanding issues of the limitations and exceptions" as agreed to at the last SCCR meeting, "taking into account development-related concerns and the need to establish timely and practical result-oriented solutions". It also reaffirms the commitment "to continue without delay its work in a global and inclusive approach, including the multifaceted issues affecting access of the blind, visually impaired and other reading-disabled persons to protected works". References to a "global and inclusive" approach reflect the African Group's concern that the Committee should also address libraries and education. It
further expresses "appreciation" for the proposal by On the proposed treaty, the agreed conclusions state that "Views were expressed: supporting the proposal for a binding instrument; expressing the wish for more time to analyse it; expressing the desire to continue the work on the basis of a global and inclusive framework; and expressing that deliberations regarding any instrument would be premature". "Member States will continue to consult on these issues at national level and report on the activities and views on possible solutions. This proposal, together with other possible proposals and contributions by the Members of the Committee, will be discussed at the nineteenth session of the SCCR," it further states. The conclusions also note "with approval the forthcoming study" on E&L "for the benefit of educational activities, including distance education and the trans-border aspect thereof, in particular for developing and least-developed countries", adding that the "Secretariat will see to that the study will be completed as expeditiously as possible and be made available to the Committee prior to its nineteenth session". The outcome document also requests "the Secretariat to prepare analytical documents, identifying the most important features of limitations and exceptions in the various domains based on all the studies carried out, as well as addressing the international dimension and possibly categorizing the main legislative solutions". The conclusions "welcomed the stakeholders' platform Interim Report", and "encouraged the Secretariat to continue the work of the platform and report on its activities during the nineteenth session of the SCCR". The stakeholder's platform was established at WIPO during the seventeenth SCCR session in November 2008 to facilitate arrangements to secure access for the blind, visually impaired, and persons with reading disabilities, through technological, contractual and other arrangements. Thus
far, two meetings of the stakeholders have been held. Associations and
organizations representing the interest of right holders and of visually
impaired persons (VIPs) participated in the platform. Right holders
that participated were publishing companies and copyright agencies mainly
from Concerns emerged during the SCCR meeting over the fact that the stakeholders' platform, which is a voluntary arrangement, could undermine proposals for legally-binding instruments on E&L, as well as with regards to representation of developing countries in the platform. The conclusions thus requested the Secretariat "to ensure the effective participation, and make available funding to support the participation of stakeholders from developing and least-developed countries", and "make its best efforts to organize a meeting of the platform in a developing country". The conclusions also took note of "the draft questionnaire on limitations and exceptions and invited delegations to send comments to the Secretariat before July 15, 2009" and "Based on those comments, the Secretariat will present a revised questionnaire at least one month prior to the nineteenth session of the SCCR for consideration and with the aim of final approval during that session". The aim of the questionnaire is to compile information on E&L in national systems. The Secretariat had been mandated by the last session to prepare a draft questionnaire for comments at this session. Most of the questions in the draft presented by the Secretariat were centred on E&L with regards to education. At last week's meeting, Group B members (developed countries) expressed the view that they did not wish to expand the questionnaire. On the other hand, many developing countries opined that the questionnaire should include questions on digital technologies, computer programs, reverse engineering, Internet service providers, distance learning, cross-border exchanges etc. The
African Group said that the questionnaire should not just be factual
but should also be presented in an analytical manner. It was finally agreed by the Committee that the questionnaire "will include E&L for educational activities, activities of libraries and archives, provisions for disabled persons, as well as the implications of digital technology in the field of copyright, including as they relate to social, cultural and religious limitations and exceptions". The conclusions also note that "a number of delegations requested that the questionnaire should incorporate limitations and exceptions related to technology transfer issues" and "questions regarding the function of limitations and exceptions across borders" in relation to visually impaired and other persons with disabilities, libraries and archives, educational use and research. It was further agreed that the questionnaire "shall enable governments to furnish any other pertinent information regarding limitations and exceptions in their national laws that are not addressed in the questionnaire". The conclusions also note that the studies presented at the last SCCR session were open for comment. The
Committee also agreed to maintain the issue of protection of audio-visual
performances on the Agenda of the next SCCR meeting. It was also agreed that the issue of the protection of broadcasting organizations will continue to be on the agenda of the SCCR and that work would continue "on a signal-based approach, according to the mandate of the 2007 General Assembly". It was further agreed that the Secretariat would "commission a study on the socioeconomic dimension of the unauthorized use of signals, including the impact of the lack of access on the one hand and the need for an effective protection for broadcasters, on the other hand, with the aim to be available for discussion at the twentieth session of the SCCR". The
conclusions also invited "the Secretariat to organize regional
and national seminars upon the request of
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