35th SCCR: CIS Statement on Limitations and Exceptions for Libraries and Archives
Anubha Sinha, attending the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017, made this statement on the agenda for Limitations and Exceptions for Libraries and Archives on behalf of CIS on Day 3, 15 November, 2017.
The Centre for Internet and Society, in agreement among others, believes that an international binding instrument to govern exceptions and limitations for libraries and archives is critical.
In several countries, their set of limitations and exceptions do not serve all intended beneficiaries in a comparably equal manner. For example, for the work of archives in India, there is very little that allows such institutions to do in terms of making copies for preservation and noncommercial dissemination. India, like many other countries here has a rich cultural heritage – and doing any activities with old audiovisual material involves identifying rightholders and clearing rights connected to orphan works and traditional cultural expressions as well. Imagine the onerous task of an archive of clearing all these rights in connection with appropriate agencies, and of course clearing additional permissions from authors and performers. In our research, we discovered that most archives in India miserably fail on this front, causing valuable material being locked in storage rooms for decades.
Needless to say, accessibility to this national wealth of knowledge in archives also supports the mission of libraries, museums and educational institutions and researchers.
So Mr. Chair, we strongly believe that an update to the international copyright system via a binding instrument would serve many countries well. It would empower all countries to fill in such deficiencies in relation to libraries, archives, educational and research institutions, museums and persons with disabilities.
Thank you, Mr. Chair.
Author
Anubha Sinha
Anubha is a Senior Programme Manager at the CIS. She has contributed to the Pervasive Technologies Project, works on issues involving intellectual property law and openness, and co-leads the Regulatory Practices Lab. Anubha can be reached at anubha[at]cis-india[dot]org.
