Access to Knowledge Blogs
- The Chair noted that there continued to be a disagreement on whether to pursue international instruments for Limitations and Exceptions.
- The Chair also noted that while there was a lot of support for the proposal, there still was no consensus on the proposal. The Chair suggested that the African Group work with the member states that highlighted their reservations and work together with the Chair to see if the proposal could be revised, or to look at portions of the proposal that enjoyed the support to be advanced.
WIPO SCCR 43: Notes from Day 3
Working towards a binding international L&E instrument
Iran, Pakistan and Kenya highlighted their support toward the African proposal as well emphasized the need for an internationally binding treaty on L&E. Saudi Arabia mentioned the need for Limitations and Exceptions to benefit the preservation and sharing of cultural heritage, as well as for persons with disabilities. Iran emphasied on the need for adequate balance and copyright protection and a balance between different national legislations. Iran stated that there was a need to have an international legal instrument in order to harmonise national legislations, in the absence of which there would not be a free flow of information. Iran also emphasised on the need to look at the priorities of developing countries with respect to the Development Agenda. Pakistan also highlighted the issues that came to light during the pandemic, especially with regard to cross border use of information by educational institutions. In addition to this Pakistan stated that it looked forward to a binding instrument that was not too prescriptive. Kenya shed light on the concerns around the increasing knowledge gap between the developed and the developing countries, and the migration from analogue to digital environment.
WIPO SCCR 43: Notes from Day 4
Limitations and Exceptions and Cross Border Flow of Data
Nigeria, South Africa, Russia, Brazil, Argentina, Iran, Uganda and Algeria extended their support to the Work Programme on L&E by the African Group. Nigeria in their statement expressed how L&E were essential for research, cultural exchange, and how it had the potential to help people around the world who still lack access to educational and research materials. Nigeria also highlighted that a legally binding international treaty would help harmonise and balance the copyright system with other instruments such as the TRIPS agreement and the WIPO internet treaties, and facilitate smooth transborder trade in both online and traditional media. Iran stated that the creation of L&E for online and crossborder use of data is imperative, especially for the benefit of online teaching and research as well as bridge the digital divide by facilitating access to knowledge and technology.
The European Union (EU) and France however were not in support of a legally binding instrument.The EU stated that they would prefer a non-binding instrument such as a toolkit, while France stated that the current international framework of copyright is sufficiently flexible to allow members to implement L&E in their national legislations, as well as to find appropriate tools to meet the needs of education, research and preservation. France expressed their reservation in moving towards a normative framework and stated that the states could look at the exchange of best practice at national level and support in drafting national legislations. The United States stated that topics such as text and data mining and contract override were not issues that were fully discussed yet at the committee level.
Observations by the Chair
WIPO SCCR 43: Notes from Day 1
Member states delivered opening statements and deliberated on the progress, substantive provisions, and method of work on the draft broadcasting treaty text. This blog post summarises positions and contentions that supported: 1)The need for balance between rights of broadcasters and that of users and researchers 2) Questions around fixation and signal piracy 3) Need for consensus and towards a diplomatic conference
WIPO SCCR 43: Notes from Day 2
Rights of broadcasters
Iran wanted clarifications about whether the rights granted to broadcasters under the treaty would be a negative right (right to prohibit) or a positive right (right to authorise). Iran also highlighted that there was a need to clarify definitions in the treaty, particularly with respect to user generated contents shared on websites such as Youtube, in comparison with traditional broadcasters.
The Chair clarified that the treaty provides two sets of rights, positive rights under Article 6 and 7 and negative rights under Article 8 and 9. The Chair also clarified that the treaty aimed to bridge the various legal frameworks, based on copyright, under a rights based approach and a signal based approach. In the signal based approach, the positive right under Article 6 is based to protect only live signal and the protection ends at the point of fixation, hence there is no relation between the right of fixation Article 7 and the right to prohibit transmission and deferred transmission under article 8. The Chair further clarified that the positive right ends at fixation after which the right to prohibit comes into play. With respect to User Generated Content the Chair clarified that the current draft of the treaty focused protection to traditional broadcasters and not other service providers.
Terms of the Right The USA highlighted their concern over the possible perpetual term of fixation rights and requested that a revised text could have some explicit time limit. Singapore echoed USA’s concern over the absence of limitations on the duration of the rights of the broadcasters which could give broadcasters perpetual protection of a programme. Similarly Pakistan questioned the need for a right of fixation highlighting that piracy was an enforcement issue. With respect to the term of protection the Chair clarified that the treaty sought to provide practical protection to broadcasters of their live signal, and not the content of the broadcast. Further clarifying that one of the main aims of the treaty was the protection of simultaneous retransmission, and to provide protection in case there was a fixation of the signals.
Limitations and Exceptions
Iran and Brazil highlighted issues about limitations and exceptions. While Iran stated that the inclusion of the three step test in the treaty would water down the limitations and exceptions provisions, Brazil highlighted that the Article 11 of the treaty did not follow the text of the Marakesh convention or the Beijing treaty regarding Limitations and Exceptions. Brazil highlighted that there was a need to clarify in the text of the treaty itself that the list provided under the Article is illustrative and not exhaustive. In addition to this they stated that the text of the treaty should also establish the presumption that all the examples listed have already fulfilled the three steps. Brazil also highlighted the question about the consequence of the proposal on works in the public domain that are not sufficiently clear. The draft should ensure that public domain content when broadcasted should not receive another layer of protection.
Communia, Knowledge Ecology International (KEI) and Innovarte also highlighted issues that might come up with broadcasting works that are in the public domain. Communia provided examples where the broadcasters might have the only good copy of historic events and reporting that have now become a part of the public domain, however the broadcasters could reappropriate these which are in the public domain with new exclusive rights through this treaty. Communia hence suggested a need for exclusion of public domain works in the treaty. Innovarte highlighted Article 6 of the Berne convention which allows for exceptions related to public interest such as use of excerpts.
Agenda Item 6 and 7 - Limitations and Exceptions for Libraries and Archives, for Educational and Research Institutions and for Persons with Other disabilities
Working towards a binding international L&E instrument
The beginning of the discussion on Limitations and Exceptions began with the CEBS Group, Group B, the European Union and the USA emphasising on the need to look at other avenues to implement L and E without going for a legally binding international instrument. Some of the solutions provided included strengthening existing national legislations, existing solutions within the framework of the existing international treaties, exchange of best practices, and capacity building for countries to implement L&E’s in their national legislations.
Ghana on behalf of the African Group stated that there was a need to provide mutual benefit between those who generate and those who use creative works. Ghana also highlighted the issues with cross border access and sharing of copyrighted materials which is becoming increasingly difficult for libraries, archives, museums and research institutions to access. Ghana highlighted the need for a strong support in development of a legal instrument on Limitations and Exceptions, for libraries, archives, museums and for persons with disabilities other than blindness. South Africa in their statement also highlighted the benefit L&E’s would provide to both creators and users, and the cross border transfer of data. And extended their support to the statement of Ghana and work towards an international instrument whether model law, joint recommendation or a treaty.
CIS Statement in WIPO SCCR 43
Shweta Mohandas delivered a statement on behalf of CIS, on day 1 of the 43rd WIPO SCCR session on the Broadcast Treaty.
Exploring Knowledge Repositories on Water Resources in India
This research study explores knowledge repositories on water resources in India, with a focus on how the digital transition has impacted the process of creation & access to these resources and possible collaborations to build open digital repositories around water. The research was undertaken by Subodh Kulkarni, with editorial inputs by Puthiya Purayil Sneha, and Chiara Furtado. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2021–2022.
Infrastructural Needs of Indian Language Wikisource Projects
This is a short study on identifying the infrastructural gaps on Indian language Wikisource projects, and potential strategies to address the same. The study was undertaken by Jayantha Nath, Puthiya Purayil Sneha and Satdeep Gill, with writing and editorial oversight by Puthiya Purayil Sneha and an external review by Divyank Katira. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2021-22.
Mapping Content on Gender and Sexuality in Indian Languages
This research study explores content production processes on gender and sexuality in Indian languages, its digital documentation and factors that affect its availability and use on open access platforms. The research was undertaken by Yashashwini Srinivas, with editorial inputs by Puthiya Purayil Sneha, and Torsha Sarkar. This research was part of short-term studies undertaken at the CIS-A2K programme 2021-22.
Digitisation of O Bharat, a bilingual biweekly published in Goa from 1912 to 1949
The digitization project of O Bharat, a historic biweekly published between 1912 to 1949 in Goa was completed through collaboration of different organizations. The trustees of Bharatkar Hegde Desai Trust initiated the project in collaboration with Marathi department of Goa University, Bhakti Dnyan Marg Sanstha and Goa Central Library. The Centre for Internet and Society's Access to Knowledge Programme facilitated the project with technical and financial assistance. Two local students scanned 12000 pages in 8 days. The year wise volumes of O Bharat are now freely available on Wikimedia Commons in the form of archive.
Digitisation of O Bharat, a bilingual biweekly published in Goa from 1912 to 1949
It all started like this. During the Wikimedia session at Goa University in October 2021, it was realised that there is very little documentation about the ‘Goa Liberation Struggle’ on Wikimedia projects. So, in the meeting Prof. Vinay Madgaonkar from the Marathi language department took the lead to develop a project around this theme.
WIPO SCCR 42: Statement by CIS on the Limitations and Exceptions Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 3 of the 42nd WIPO SCCR session on the Limitations and Exceptions Agenda Item.
WIPO SCCR 42: Statement by CIS on the Protection of Broadcasting Organisations Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 2 of the 42nd WIPO SCCR session on the Protection of Broadcasting Organisations Agenda Item.
Wikimedia Wikimeet India 2021/Report
In March 2020, the whole world came to a standstill. What many deemed as a regular ‘flu’ turned out to be the pandemic that brought everyone to their knees. The things that we always did, we could no longer do them. We were all confined to our homes with no choice but to work online. Hanging out with friends, attending weddings, and being a part of the conferences and seminars suddenly became a part of the past. We started using the word unprecedented a lot.
Standing Committee's recommendations are at odds with Access to Knowledge
The Indian Parliamentary Committee's report weighs on several aspects of the Indian IPR system and issues of protection and enforcement. This blog post summarily notes the observations and recommendations of the Committee on the Copyright Act, 1957 which stand to impact access to knowledge. The primary issue dealt with was the claim that copyright exceptions were affecting the publishing industry and authors. The recommendations include narrowing of copyright exceptions, barring digital storage and copying, promotion of libraries, and adopting the Berne Convention as the benchmark on limitations and exceptions.
WIPO SCCR 41: Notes from Day 3 and Day 4
Day 3 and 4 saw the presentation of four studies conducted by external experts on music markets in various regions in the world and one study on rights of stage directors of theatrical productions. Day 4 saw member states sharing their positions on a proposal for creation of two rights 1) rights of stage directors of stage productions and 2) public lending right. The Chair also presented the draft summary of the session upon its conclusion, on Day 4. This blog post shares the specific text under the broadcasting and limitations and exceptions agenda items, relevant from an access to knowledge perspective.
WIPO SCCR 41: Notes from Day 2
Member states delivered opening statements and deliberated on the scope, direction, and progress of work on the limitations and exceptions agenda. This blog post summarises positions and contentions around: 1) Information Session on impact COVID 2) Creating a binding limitations and exceptions international instrument 3) Work Plan under the L&E agenda 4) Conducting regional consultations as per the report on regional seminars and international conference on limitations and exceptions.
WIPO SCCR 41: Statement by CIS on Limitations and Exceptions Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 2 of the 41st WIPO SCCR session, on the limitations and exceptions agenda item.
A Comparative Study of Article Creation Campaigns on Wikipedia - Part II
This is a short report on a comparative analysis of two prominent Wikimedia initiatives, Wikipedia Asian Month and Project Tiger, to understand prevailing challenges and opportunities, and strategies to address the same. The report has been authored by Nitesh Gill with inputs from Suswetha Kolluru, and editorial oversight and support by Puthiya Purayil Sneha. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2019–2020.
Update on Publisher’s Copyright Infringement Suit Against Sci-Hub and LibGen in India
Anubha Sinha provides a summary of the progress of the copyright infringement suit against Sci-Hub and LibGen in India. This article was first published in InfoJustice on March 8, 2021.
The STI Policy Proposes a Transformative Open Access Approach for India
Anubha Sinha explains what the draft national Science, Technology and Innovation policy means for open access to scientific literature for Indians. This article was first published in The Wire Science on January 21, 2021.
Research Studies on Indian Language Wikimedia Projects 2019-21
This is a compilation of the final reports from a series of short-term studies undertaken by the CIS-A2K team in 2019-2021, on an array of topics related to Indian language Wikimedia projects. The projects were undertaken by Subodh Kulkarni, Bodhisattwa Mandal, Bhuvana Meenakshi Koteeswaran, Ananth Subray, Satpal Dandiwal and Nitesh Gill, with research oversight and editorial support by Puthiya Purayil Sneha, and internal review by Sumandro Chattapadhyay and Ambika Tandon.
