Centre for Internet and Society

35th SCCR: CIS Statement on Limitations and Exceptions for Libraries and Archives

sinha — 2017-11-15T13:35:02Z

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.

For more details visit https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-limitations-and-exceptions-for-libraries-and-archives

35th SCCR: CIS Statement on GRULAC Proposal for Analysis of Copyright in the Digital Environment

sinha — 2017-11-17T10:03:21Z

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 'Other Matters' on behalf of CIS on Day 5, 17 November, 2017.

We would like to reiterate the importance of GRULAC Proposal for Analysis of Copyright in the Digital Environment.

The Centre for Internet and Society is a non-profit organisation in India that undertakes research on internet and digital technologies from an academic and policy perspective.

In an environment of monopolies controlling the distribution of digital goods and services, which connect users and creators, such a comprehensive study assumes significant importance, especially for creators in the global south.

We are especially concerned with the methods by which platform intermediaries are enforcing their private IP rules on creators worldwide, and if there are fair systems in place to address takedown, and the subsequent restoration of works unfairly taken down from their platforms. It must be noted that there is a serious lack of transparency as far as the conduct of such intermediaries go, and often actions are taken without appropriate justification/explanation.

It is equally important that we continue to build on limitations and exceptions for libraries, museums, archives, educational institutions, researchers, and users’ in the digital environment.

Thank you.

For more details visit https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment

34th SCCR: Observer Statements on Limitations and Exceptions for Educational and Research Institutions

sinha — 2017-05-30T05:51:42Z

Observers made the following statements on discussion around limitations and exceptions for educational and research institutions on 3rd May 2017.

Communia:

Thank you, Mr. Chair, for the opportunity to address for the limitations and exceptions for educational purposes. I would like to give a brief statement that by saying Professor Seng's studies, national countries had exceptions narrowly in various ways the copyright works of educational activities. These narrow exceptions prevent certain educational practices such as the quotation of entire image in a school presentation. When it comes to modern educational practices, namely those that occur in digital and online teaching environments, the legal standing is even more problematic. Indeed, certain acts which teachers are allowed to perform in face-to-face teaching may not be permitted in digital and online contexts. For instance, in the Netherlands, the law is clear that a teacher can show a movie from a DVD in class, but if the same teacher wants to show a video from a free publicly accessible website, it seems that you'll need to be -- you will not be able to do it. This is due either to inappropriate legislative techniques or to domestic policy decisions. In any case, what is certain is cross-border educational uses are compromised at the outset due to the current national copyright laws, including within regions that enjoy a high level of harmonization, such as the European Union. Therefore, continue to discuss this issue in the forum which we will lead toward from an internationally binding instrument as mandated by the General Assembly 2017 seems essential. Thank you.

International Federation of Journalists:

Good afternoon. We've already introduced ourselves. All these works are and remain one of the key raw materials for education. The international federation of journalists deeply regrets the educational and research institutions underfunded. No one is proposing, however, as far as I'm aware, that schools and colleges should get free electricity or free phone calls. Here, most clearly of all, the solution is collective licensing through collective management organizations that are democratically controlled by the rights holders they represent. There is a wealth of misunderstanding of the issues. I take as one example the very first statement on a pro education site and the magic of Internet indexing may enable you to identify it, are which demonstrates how ill thought out the costs of education can be, not withstanding the previous. This is addressed to the European Union. It says, quotes, we want you to have the freedom to teach without breaking the law. Good. Quotes, before teaching her students about how representations of Shakespeare's Romeo and Juliet have changed through the ages, a teacher may have to ask permission from the rights holders of every movie she wants to screen in class, unquote. It says, this is -- we want to relieve educators from this impossible task, but I'm aware of nowhere in the European Union and few countries in the -- what we're pleased to call the more advanced economies where this is an impossible task. The school just pays for a license from a collecting society and goes ahead with no further administration. In my home country, United Kingdom, the collecting societies are working successfully on streamlining the system of licensing and making it more efficient in time and cash. Personally, I do recognize that some categories of textbooks are overpriced...(Speaker went over time and was asked to stop).

International Authors Federation:

Thank you very much. As this is the first time the International Office Forum has taken the floor this session, we'd like to congratulate you, Chair, and your vice chairs on your election and thank the Secretariat on their work. The international authors forum represents authors from the text, screenwriting, and visual arts sectors and their interests in copyright, as members of 60 organizations representing well over 600,000 authors worldwide. In ran increasingly homogenized world, cultural diversity is important, authors maintain that in digital arts, literatures, language, and music. It is the authors works being considered in the proposals being discussed at WIPO. There are individual authors whose rights are involved in all countries. Those rights must be given primary consideration. They need fair remuneration if they are to continue the work everybody wants access to. Without payment, they will not be able to continue to create. The diversity and quality of content will suffer and the quantity of works produce produced will be limited. We believe that there are already international copyright provisions in place that work well to enable the development of licensing frameworks, which enable access, including cross-border access provision through educational institutions and ensure fair payment. Authors believe that these existing provisions contain sufficient flexibility for countries represented at WIPO to continue to work towards national solutions, such as licensing frameworks, which can be developed according to local needs. Thank you for your time.

Corporacion Innovarte:

Thank you, Mr. Chair. The study of exceptions for educational limitations in current legislation shows that there is a fragmentation, that it's not appropriate to the countries, and very often this is an insolvable problem for international and learning cooperation in the area of communication. In order to overcome these, we think it's ins dispensable to have an international agreement which will enable us to have a minimum of common exceptions and limitations which will make it possible to have compatible roles for cross-border use of educational resources. Thank you, Mr. Chairman.

Programme on Information Justice and IP:

Thank you, Chair. You and I are from countries that have educational exceptions that are open to the use of any work, for any education related activity or purpose, and by any user — subject to a fairness test that takes into account the rights of authors and rights holders. This openness in the exceptions environment enables innovations that promote access to learning materials, including through new technologies and over the internet. Tomorrow at a side meeting over lunch, Communia and American University will be presenting the outcomes of different research projects that examine the operation of user rights in practice. That research shows that wealthy countries are developing openness in these factors much more quickly and thoroughly than poorer countries currently. But the research also shows that this is not a developing country problem alone. Many wealthy countries as well lack exceptions that allow such basic practices as showing a movie, streaming a video or performing a play in a classroom setting. These problems are compounded when we deliver educational products across borders through distance learning. A lack of harmonization on these issues will produce a race to the bottom where teachers like myself are forced to not deliver the best materials possible for our students because of the lack of rights to do so in some countries.I would encourage the process going forward to focus on the value of educational exceptions that
cover all:

Works,
Apply to all users, and that
Extend to a full range of activities

Thank you.

Note: Source of the statement texts are WIPO's realtime transcription service.

For more details visit https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities

29th Session of the WIPO SCCR: Statement on the Limitations and Exceptions for Education, Teaching, Research Institutions and Persons with Disabilities

nehaa — 2014-12-20T13:40:19Z

At the 29th session of WIPO's SCCR, the Chair, Martin Moscoso, requested NGOs to send in their statements on limitations and exceptions for education, teaching, research institutions and persons with disabilities in writing, to be placed on the record. Nehaa Chaudhari, on behalf of the Centre for Internet and Society (CIS) sent in this written statement.

Thank you very much, Mr. Chair.

As we have always maintained in the past sessions of this Committee, the Centre for Internet and Society strongly believes that everyone, regardless of borders and barriers, either physical, or those created by time, distance and costs should have access to knowledge and education.

To that end, we strongly support the proposal made by India, earlier, on continuing constructive work in this area. We also welcome the suggestion by the Indian delegation on a synthesis of these issues (facilitated by an expert, through the Chair), so that we can have a constructive discussion on these issues.

Mr. Chair, we are very mindful of the fact that there exists a very real, very demonstrable need for limitations and exceptions for education, teaching and research institutions and also for the benefit of persons with disabilities. There is also an equally crucial need to ensure that these limitations and exceptions are open ended and are appropriate for the digital environment; a conversation we believe that is imperative for Member Nations to take forward, definitely more so than one around granting a 'para-copyright' for organizations that already enjoy a great deal of protection under existing treaties, and are far less vulnerable than beneficiaries of these limitations and exceptions.

We thank the United States of America for their document- SCCR/27/8 on the Objectives and Principles for Exceptions and Limitations for Educational, Teaching and Research Institutions. We appreciate the recognition of the copyright system in the dissemination of works of authorship as well as the critical role that it plays in the promotion of educational, teaching and research objectives. We also appreciate the acknowledgement of a balance of rights and exceptions and limitations sustaining the role and activities of educational, teaching and research institutions.

However, we do believe that for a true balance to be achieved between rights and limitations and exceptions, the rights of the users of copyrighted works for the purposes of access to knowledge will have to be treated on par with those of the rights holders themselves. We believe that for this to be possible, measures will have to be taken to ensure international interoperability of limitations and exceptions and international standards suitable to address emerging and present issues of the digital environment will have to be developed. As we have submitted before this Committee earlier, it is our belief that the present international legal framework does not sufficiently address the opportunities presented by these information and communication technologies. Mr. Chair, we reiterate the need for open ended exceptions and limitations in this area, that will facilitate a cross border exchange of books and other learning material.

As a first step towards this end, we urge Member States to collaborate on and engage in substantive discussions building on existing Working Documents presently before this Committee. We look forward to an engaging discussion and providing all our complete support as we move forward on this very important agenda item.

Thank you, Mister Chair.

For more details visit https://cis-india.org/a2k/blogs/cis-statement-on-limitations-and-exceptions-for-education-teaching-research-institutions-and-persons-with-disabilities