36th SCCR: CIS Statement on the Draft Action Plan for Libraries, Archives and Museums
Anubha Sinha, attending the 36th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from May 28, 2018 to June 1, 2018, made this statement on the Draft Action Plan on advancing limitations and exceptions for libraries, archives and Museums on behalf of CIS on Day 3, May 30.
Thank you, Mr. Chair.
I’m speaking on behalf of the Centre for Internet and Society, India.
Very recently we concluded a qualitative study on archives in India to examine how limitations and exceptions help them in achieving their mission.
We found that the Indian Act goes to the extent of making an exception for preservation for libraries. To make up for unintended gaps in this clause, Indian archives and museums owing to overlapping functions with libraries use this exception within limits – which counts as an ‘implied’ application of the exception, as reported by the ex- registar of the Indian Copyright Office in 2010 to WIPO. Undeniably, an institutional approach has created unintended barriers for other institutions performing the exact same function.
The draft action plan adopts a similar institutional approach in its three different tracks for libraries, archives and museums. As many of the core functions of these institutions overlap, and indeed they may be an archive housed in a library or vice-a-versa, we must change our approach to focus on the functions and not the formal identification of such institutions.
Hence, I submit that the draft action plan be suitably amended to reflect a purposive approach to drafting this treaty, and not create artificial distinctions between institutions that do not reflect reality.
Thank you.
Note: Please find the Draft Action Plan here (SCCR/36/3).
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.
