Centre for Internet & Society

This is a rough transcript of the WIPO-SCCR discussions.

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>> (Standing by).
>> CHAIR: Good morning, colleagues and welcome to today's plenary session. In
accordance with our agenda and our work plan for this session we are moving to the matter of
limitations and exceptions for libraries and archives.
Now I need to just caution that, you know, today time is not our friend. So we just need to
be a bit efficient in our contributions. We had scheduled to have libraries and archives and
VIP this morning. And then we are having broadcasting this afternoon. So we need to be
quite efficient. And also in view of the fact that we are starting 45 minutes late.
Regarding limitations and exceptions for libraries and archives, at this meeting we need to
consider the question of the adoption of the provision document containing comments on the
textual suggestions towards an appropriate international legal instrument in whatever form on
exceptions and limitations for libraries and archives contained in document SCCR/23/8
provision of costs. In order to include it as a working document of the 24th session of the
I would like to remind you that the document 23/8 is based on the African group proposal
document SCCR/22/12. And the background paper entitled the case for a treaty on
exceptions and limitations for libraries and archives, document 23/3 and the proposal on
limitations and exceptions for libraries and archives document 23/5. The proposal presented
by the delegation of Ecuador as well as objectives and principles for exceptions and limitations
for libraries and archives document 23/4.
Document 23/8 contains comments and textual suggestions made by the members of the
SCCR on the following 11 topics, one preser vaer igs, two right of reproduction and
self-guiding copies and three legal, four library lending, five parallel importation, six
cross-border uses, seven orphan works restrked and withdrawen works, eight limitations on
and archives, nine technical provisions, 10 contracts, 11 right to translate works. (Retracted.
Member States were invited to send comments to the Secretariat after the previous
meeting and those comments have been incorporated.
The floor is open for comments. Well, I note that there are no comments. Do you want to
adopt this as a working document of this Committee? I see no objection.
The document is adopted.
Are there any other comments that you would want to make on the issue of libraries and
archives? Egypt.
>> Egypt: Thank you, Mr. Chairman. The African group would like to submit additional
textual proposals regarding cluster 3, cluster 7, cluster 8 and cluster 11 and we will be
submitting those textual proposals to the Secretariat. I would like, of course, them to be
captured as part of the working document for libraries and archives. Thank you.
>> CHAIR: Thank you. U.S.
>> UNITED STATES: Thank you, Mr. Chairman. We think that the current 23/8
document is an acceptable basis and acceptable working document for continuing our text
based work. Mr. Chairman, it is not perfect but we think that in outlining the 11 areas and
providing details on them it gives us a good roadmap and a roadmap to help us develop our
future work programme on exceptions for libraries and ar chooifs. Certaining the intervention
of the Distinguished Delegate of Egypt on behalf the African group we would welcome looking
at those proposals for four clusters. We think it would be the normal procedure that everyone
on the Committee would get to hear or see that language before it is just goes in to the
document. So we would welcome an opportunity to take a look or hear that language when
the Africa group is ready. Thank you Mr. Chair.
>> CHAIR: European Union.
>> European Union: Thank you Mr. Chair. And just following on the intervention of the
Delegate from Egypt and from the United States the European Union and its Member States
would indeed be interested if we are going to have a discussion of the addition of a further
clusters of discussions to see which clusters and in that case as well we may have other items
that we will want to add as well to our future work on this issue. So we look forward to hear
from the African group and have an exchange on this topic. Thank you.
>> CHAIR: U.S.
>> UNITED STATES: Thank you Mr. Chair. The Distinguished Delegate of the European
Union and our good friend introduced the word cluster back in to the conversation. I hope
that was a slip. We assume that these 11 areas, we had heard the Distinguished Delegate of
Egypt say that it was material for existing among the 11 areas not for new areas. Without
foreclosing the possibility of Member States adding new areas, we want to clarify that it is
material that falls under the existing 11 topic areas and I would ask the Distinguished
Delegate of Egypt just to confirm that or not.
>> CHAIR: Egypt.
>> Egypt: Thank you yes, for clarity. These textual proposals are related to existing
clusters and specifically cluster 3 deposit repositories. Cluster 7 retracteded and with drun
works. Cluster 8 limitations on liability for libraries and archives and cluster 11 the right to
translate works. Thank you. (Withdrawn).
>> CHAIR: Switzerland.
>> SWITZERLAND: Chairman, thank you. I have no further need to speak. Thank you.
>> CHAIR: India.
>> INDIA: Thank you, Mr. Chairman. The revised text which has just been adopted as
the working document with the clusters, especially the right of reproduction and safeguarding
copies, Indian comments have not been included in that. So kindly say that.
>> CHAIR: Yes, India, the Secretariat will just confirm that with you. And check what
submissions were missed specifically.
>> European Union: Thank you Mr. Chair. Without wanting to get in to a terminology
use contents here just to confirm our understanding that the document remains an open
document. There are still quite a few issues to discuss. Some of those that are part of this
content are in our view overlapping to some extent. As some of them as we have made clear
in prior interventions are of no particular relevance to limitations and exceptions for libraries
and archives and we obviously reserve our right as the work on this open document continues
to add further suggestions in whatever form seems to be more appropriate. Thank you very
>> CHAIR: Thank you. Chile and then U.S.
>> CHILE: Chairman, thank you and good morning. I will be very brief. I simply
wanted to say that we will provide to the Secretariat one or two brief corrections to our own
comments on the document. Thank you.
>> CHAIR: U.S.
>> UNITED STATES: Thank you, Mr. Chairman. Just a small note that we will when we
get to talking about a work programme suggest that not only should we discuss how much
time we should devote to working on our working document in libraries and archives but it
would also behoove us to prioritize or focus on certain of these 11 topics because we truly
think that we can make real progress if we identify topics that we can work on in the careful
kind of attentive way that we have been working together in informal sessions on visual
impairment. Thank you.
>> CHAIR: Thank you. Ecuador.
>> Ecuador: Chairman thank you and good morning. The Ecuadoran delegation would
like to express its interest in the work in which this Committee may be going to carry out
today on the issue of libraries. We would be particularly be interested in looking at the
proposals from the African group when the time is right to do that. Thank you.
>> CHAIR: Argentina.
>> Argentina: Thank you, Chairman. Argentina would like to express its support for the
continuation of the process through which we are trying to submit exceptions and limitations
to a Copyright, to improve the way that libraries and archives can operate. Argentina would
like to express its interest in some of the issues that are being dealt with by this Committee.
For example, preservation, interlibrary loans, liability of libraries and archives and
technological means of protection. We would like to make the point that this -- this is used
under -- the rest of this analysis should continue to be the subject of discussion and that will
certainly be the case for us in Argentina. Thank you.
>> CHAIR: Thank you. The comit tee takes note of the comments made on this subject
matter. And, of course, SCCR 25 will consider the document in detail together with all those
submissions that to be made by Delegations.
The next item on the agenda is VIP. Colleagues, on the issue of VIP I just want to report
that we have had informal consultations last night from 6 p.m. to 9 p.m. and so far we have
had discussions on the Article A and we have had discussions on Article B. And we had
discussions on Article C though we have not yet completed that Article -- no, we completed
Article C and we have ended on Article D.
Now you will see that this paper, of course, entitled proposals for advice takes for
document SCCR 23/7. The idea of, you know, this paper was to try and complete the work on
the proposals for revised text so once we go through the proposed revisions then we can add
the revised 23, that is the -- whether to propose that to move. So this is the progress so far
on this document.
I would have loved to have see more progress made and I hope we can still have a bit
more progress. I propose that after this reporting and if there are some comments, I suggest
that we go in to an informal discussion on VIP and continue working on the text. Are there
any comments? India.
>> INDIA: Thank you, Chair. In fact, you have done a great service to us by
announcing that you are starting informal discussions if there are no comments. In fact,
yesterday evening we have done a substantial work. Indian delegation appreciates the spirit
of discussions yesterday's informal meeting. And instead of wasting time on general
statements on this work, if any specific comments are there that can be taken otherwise we
will request you to end this plenary and then we will move to the informal meetings to
continue where we have left at D. Thank you.
>> CHAIR: Thank you. Are there any comments on this issue? I see none. This
plenary will then adjourn. Yes. Just to be specific on the work for today, during the lunch
period, the friends of the Chair will meet to look at the document on education over lunchtime,
from 2 p.m., and then in the afternoon, of course, we are coming back to plenary on
broadcasting. And in the evening from 6 to 9 p.m. we will have an informal discussion on the
conclusions and some of the cross-cutting issues of this session. So that will be 6 to 9 p.m.
That's the order of work today. So Egypt.
>> Egypt: Thank you, Mr. Chairman. Just I think clarity on the time slot for like
reviewing the document on education in plenary and hopefully adopting it be a working
document for the committee.
>> CHAIR: I have mentioned before the idea is to have, you know, the friends of the
Chair look at the submissions that were made yesterday. Because it was close of day
yesterday. So they will look at the document over lunch and we will have it considered by this
Committee in the morning tomorrow. Any other clarifications? I see none. We move to
informal on VIP in the usual format. Italy.
>> Italy: Yes. Just to say that Group B will meet in room B at 2:30.
>> CHAIR: Thank you. Egypt.
>> Egypt: Thank you the African group will meet at 2 p.m. in the Bilger room.
>> CHAIR: Thank you. Peru.
>> Peru: GRULAC will meet at 2:30 as well. Thank you.
>> CHAIR: Thank you. Any other announcements? Czech Republic.
>> CZECH REPUBLIC: Thank you the CEBs group will meet at 2:30 on the 13th floor.
Thank you.
>> CHAIR: There have been no other announcements. The plenary is adjourned.
(Session concluded)