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Transcripts of Discussions at WIPO SCCR 25
https://cis-india.org/a2k/blogs/wipo-sccr25-discussions-transcripts
<b>We are providing archival copies of the transcripts of the 25th session of the WIPO Standing Committee on Copyright and Related Rights, which is being held in Geneva from November 19, 2012 to November 23, 2012.
</b>
<p>This is an unedited rough transcript of the discussions at SCCR 25 which is live-streamed and made available by WIPO at <a class="moz-txt-link-freetext" href="http://www.streamtext.net/player/carttranscript?Event=WIPO">http://www.streamtext.net/player/carttranscript?Event=WIPO</a> and <a class="moz-txt-link-freetext" href="http://www.streamtext.net/player?event=WIPO">http://www.streamtext.net/player?event=WIPO</a>. We are hosting the live-streamed text for archival purposes:</p>
<ul>
<li><a href="https://cis-india.org/a2k/blogs/wipo-sccr-25-day-1-november-19-2012.txt" class="internal-link">WIPO SCCR 25 Day 1, November 19, 2012</a> (Full Text)</li>
<li><a href="https://cis-india.org/a2k/blogs/wipo-sccr-25-day-2-november-20-2012.txt" class="internal-link">WIPO SCCR 25 Day 2, November 20, 2012</a> (Full Text)</li>
<li><a href="https://cis-india.org/a2k/blogs/wipo-sccr-25-day-3-november-21-2012.txt" class="internal-link">WIPO SCCR 25 Day 3, November 21, 2012</a> (Full Text)</li>
<li><a href="https://cis-india.org/a2k/blogs/wipo-sccr-25-day-4-november-22-2012.txt" class="internal-link">WIPO SCCR 25 Day 4, November 22, 2012</a> (Full Text)</li>
<li><a href="https://cis-india.org/a2k/blogs/wipo-sccr-25-day-5-november-23-2012.txt" class="internal-link">WIPO SCCR 25 Day 5, November 23, 2012</a> (Full Text)</li>
</ul>
<p> </p>
<ul>
</ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/wipo-sccr25-discussions-transcripts'>https://cis-india.org/a2k/blogs/wipo-sccr25-discussions-transcripts</a>
</p>
No publishersmitaLive BlogCopyrightAccess to KnowledgeWIPO2012-12-05T00:58:55ZBlog EntryComments on the Broadcast Treaty and Exceptions and Limitations for Libraries and Archives
https://cis-india.org/a2k/blogs/comments-on-broadcast-treaty-and-exceptions-and-limitations-for-libraries-and-archives
<b>This November at WIPO the Standing Committee on Copyright and Related Rights was witness to a tough negotiation on the proposed Treaty providing access to copyrighted materials to visually impaired persons. In between these discussions, the SCCR also found time to have two short plenary sessions on the proposed broadcast treaty as well as working documents on exceptions for libraries and archives.</b>
<p style="text-align: justify; ">Although we were unable to make a statement at the SCCR due to logistical constraints, CIS had the following comments prepared on both these issues:</p>
<h3>Treaty for the Protection of Broadcasting Organizations:</h3>
<p style="text-align: justify; ">The Centre for Internet and Society would like to reiterate the statement on principles provided in the 22nd SCCR by many civil society non-governmental organizations, cable casters and technology companies opposing a rights-based Broadcast Treaty. While we are encouraged by the inclusion of more suitable alternatives in many of the areas that civil society organizations had expressed concern, it is important that these alternatives be considered carefully. Some of the alternatives in the working document are not in keeping with the mandate of this Committee and we need to ensure that any new treaty provides a balanced protection to broadcast organizations.</p>
<p>We wish to enumerate a few key areas that need to be emphasized once again in this regard –</p>
<p style="text-align: justify; ">To begin with, the definition of ‘broadcast’ itself should not be too broad. The treaty needs a clear and precise definition that limits the protection to signals and does not extend to retransmissions or transmissions over computer networks.</p>
<p style="text-align: justify; ">Similarly, it is essential that the protection granted to a broadcasting organization should be limited to broadcast signals. The current working document extends this protection to public accessibility/performance of the broadcast signal and such restrictions might not be feasible in developing and least developed countries. One alternative even extends the protection available to fixations of the broadcasts and this is entirely unacceptable in a signals based treaty. The obligations with regard to technological protection measures, if any, should also be limited to protect only those broadcasts that are lawful.</p>
<p>Limitations and exceptions to the protections granted by this treaty are also of great importance, especially so in light of the Development Agenda. These exceptions and limitations should be made mandatory and be expanded to include issues of national interest and for free-to-air broadcast signals (such as the laws governing broadcast of cricket games in India).</p>
<p style="text-align: justify; ">Lastly, as pointed out many times already, we are of the opinion that a fixed term of protection, whether 20 or 50 years, is inconsistent with the idea of a signals based approach to the treaty.</p>
<h3 style="text-align: justify; ">Proposed Legal Instruments on Exceptions and Limitations for Libraries and Archives and Educational, Teaching and Research Institutions and Persons with Other Disabilities:</h3>
<p style="text-align: justify; ">The Centre for Internet and Society would like to thank the Secretariat and the entire Committee for the hard work being put in this week at the SCCR.</p>
<p style="text-align: justify; ">International instruments that govern exceptions and limitations for libraries and archives as well as educational, teaching and research instruments and persons with other disabilities is key to ensure a balanced global copyright system that protects both right holders and users. Such instruments will not only allow the preservation of copyrighted works, but also provide greater access to these materials, especially in developing countries.</p>
<p style="text-align: justify; ">The working documents before us cover a number of issues and we would like to address a few of them today.</p>
<p style="text-align: justify; ">First, the three-step test. This has been a contentious issue with regard to all three instruments that are being discussed here this week. We would like to reiterate that a narrow interpretation of the three-step test should not be adopted, it is important that any and all flexibilities that can be made available to libraries and archives.</p>
<p style="text-align: justify; ">Second, libraries, archives, educational, research and teaching institutions should definitely be allowed to import and export copyrighted works and parallel trade in these works should be allowed. The language used in the current working document (SCCR/24/8) needs to be improved upon (Article 14, under 4.1 on page 12). This provision should indicate that as long as the copy of the work is lawfully produced, an educational institution, library, research organization or student is free to acquire, sell, import, export or otherwise dispose of that copy.</p>
<p style="text-align: justify; ">Thirdly, we wish to emphasize once again, the importance of protecting works that are in a digital format, as well as online libraries and archives. Additionally, the transmission of these works in a digital form as well as any internet service providers engaged in facilitating access to materials under this treaty should also be granted protection.</p>
<p>Thank you.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/comments-on-broadcast-treaty-and-exceptions-and-limitations-for-libraries-and-archives'>https://cis-india.org/a2k/blogs/comments-on-broadcast-treaty-and-exceptions-and-limitations-for-libraries-and-archives</a>
</p>
No publishersmitaIntellectual Property RightsCopyrightAccess to KnowledgeWIPO2012-12-04T23:11:34ZBlog EntryWIPO SCCR 25 Day 1, November 19, 2012 (Full Text)
https://cis-india.org/a2k/blogs/wipo-sccr-25-day-1-november-19-2012.txt
<b>Rough transcript of proceedings from WIPO SCCR on Day 1, November 19, 2012.</b>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/wipo-sccr-25-day-1-november-19-2012.txt'>https://cis-india.org/a2k/blogs/wipo-sccr-25-day-1-november-19-2012.txt</a>
</p>
No publisherpraskrishnaAccess to KnowledgeWIPO2012-12-05T00:35:56ZFileWIPO SCCR 25 Day 2, November 20, 2012 (Full Text)
https://cis-india.org/a2k/blogs/wipo-sccr-25-day-2-november-20-2012.txt
<b>Rough transcript of proceedings from WIPO SCCR on Day 1, November 20, 2012.</b>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/wipo-sccr-25-day-2-november-20-2012.txt'>https://cis-india.org/a2k/blogs/wipo-sccr-25-day-2-november-20-2012.txt</a>
</p>
No publisherpraskrishnaAccess to KnowledgeWIPO2012-12-05T00:46:53ZFileWIPO SCCR 25 Day 3, November 21, 2012 (Full Text)
https://cis-india.org/a2k/blogs/wipo-sccr-25-day-3-november-21-2012.txt
<b>Rough transcript of proceedings from WIPO SCCR on Day 3, November 21, 2012.</b>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/wipo-sccr-25-day-3-november-21-2012.txt'>https://cis-india.org/a2k/blogs/wipo-sccr-25-day-3-november-21-2012.txt</a>
</p>
No publisherpraskrishnaAccess to KnowledgeWIPO2012-12-05T00:45:51ZFileWIPO Regional Seminar on Copyright Limitations and Exceptions
https://cis-india.org/a2k/news/wipo-regional-seminar-on-copyright-limitations-and-exceptions-1
<b>Anubha Sinha participated in the WIPO “Regional Seminar for the Asia Pacific Group on Libraries, Archives, Museums and Educational & Research Institutions in the Field of Copyright”, which was held on April 29 and 30, 2019, in Singapore.
</b>
<p>For more info about the event, <a class="external-link" href="https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=433213">click here</a></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/wipo-regional-seminar-on-copyright-limitations-and-exceptions-1'>https://cis-india.org/a2k/news/wipo-regional-seminar-on-copyright-limitations-and-exceptions-1</a>
</p>
No publisherAdminCopyrightAccess to KnowledgeWIPO2019-06-05T13:34:54ZNews Item33rd SCCR: Opening Statement by India on behalf of the Asia and the Pacific Group
https://cis-india.org/a2k/blogs/33rd-sccr-opening-statement-by-india-on-behalf-of-the-asia-and-the-pacific-group
<b>Dr. Sumit Seth(Economic Affairs) of the Permanent Mission of India in Geneva delivered the Opening Statement on behalf of the Asia and the Pacific Group at 33rd Session of the of the Standing Committee on Copyright and Related Rights on 14th November 2016.</b>
<p><strong></strong><strong> </strong></p>
<p><strong>Mr. Chair,</strong><br />
India has the honor to deliver the Opening Statement on behalf of the
Asia and the Pacific Group in this 33rd Session of the Standing
Committee on Copyright and Related Rights. <br />
Asia & the Pacific Group would like to express its confidence in
your experience and your leadership skills. We are confident that your
hard work and diligence will yield desired results and help this
committee reach a mutual understanding on all outstanding issues. Our
group would also like to thank the WIPO Secretariat for the preparation
of this meeting.</p>
<p><strong>Mr. Chair,</strong><br />
The SCCR is an important committee of WIPO dealing with three issues
of critical importance to member states, namely protection of
broadcasting organizations; limitations and exceptions for libraries
and archives; and limitations and exceptions for educational and
research institutions and for persons with other disabilities.<br />
These three issues are of great importance to our group. Going by the
discussions in this committee since its 27th session, it would not be
wrong to say that we are facing difficulty in finding agreement on how
to continue our work on each of the three important agenda items. We
believe, in order to further our work, we have to refer to the 2012
General Assembly guidance to the SCCR on the work plan on the three
issues.</p>
<p><strong>Mr. Chair,</strong><br />
Our group believes that these issues have not received the equal
level of commitment and understanding proportionate to their importance
based on the differential socio-economic development of the Member
States. <br />
In this spirit of multilateralism, Asia and the Pacific Group
reaffirms its commitment to engage constructively in negotiating a
mutually acceptable outcome on all three issues before the committee.
Our group would like to put on record its support for the proposed
program of work.</p>
<p><strong>Mr. Chair,</strong><br />
Determining whether and how intellectual property rights should apply
with respect to broadcasting is a developmental issue that requires
careful balancing. Members of the group would like to see the
finalization of a balanced treaty on the protection of broadcasting
organizations, based on the mandate of the 2007 WIPO General Assembly
to provide protection on the signal based approach for cablecasting and
broadcasting organizations in the traditional sense.</p>
<p><strong>Mr. Chair,</strong><br />
For our Group, exceptions and limitations are of critical importance.
Application of copyright system should be balanced, it should take
into account commercial interests in copyright and right holders, and
equally important, it should also take into account other competing
interests in copyright, including the public interest in scientific,
cultural, social progress and promoting competition. <br />
Exceptions and limitations have an important role to play in the
attainment of the right to education and the access to knowledge,
actualization of which in many developing countries is hampered due to
lack of access to relevant educational and research material.<br />
However, there is no denying the fact that some divergence on how
exceptions and limitations should be approached exists among member
states.<br />
It is unfortunate that absence of adequate will to discuss and
develop the two exceptions and limitations before this committee has
resulted in a stalemate on the work of this committee.<br />
We hope that all member states shall engage constructively in this
session on these two issues based on previous discussions and new
inputs so that we are able to develop a mature text to discuss and work
on</p>
<p><strong>Mr. Chair,</strong><br />
Asia and the Pacific Group has taken note of the proposal submitted
by the GRULAC in the 31st session to discuss the current digital
environment and copyright interface. Members of my group will make
interventions in their national capacity under this agenda item and will
proactively participate in the discussion on this contemporary topic.</p>
<p><strong>Mr. Chair,</strong><br />
This is the same committee which has given us the Beijing and the
Marrakesh Treaties. My group is optimistic that with the noble
intentions and the right will we can pave the path for the development
of appropriate international instruments on all three issues.<br />
We look forward to productive results and tangible progress in this session<br />
I thank you once again Mr. Chair for the opportunity.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/33rd-sccr-opening-statement-by-india-on-behalf-of-the-asia-and-the-pacific-group'>https://cis-india.org/a2k/blogs/33rd-sccr-opening-statement-by-india-on-behalf-of-the-asia-and-the-pacific-group</a>
</p>
No publishersinhaAccess to KnowledgeWIPO2016-11-14T11:04:27ZBlog Entry33rd SCCR: CIS Statement on the GRULAC Proposal for Analysis of Copyright in the Digital Environment
https://cis-india.org/a2k/33rd-sccr-cis-statement-on-the-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment
<b>Anubha Sinha, attending the 33rd Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 14 November, 2016 to 19 November, 2016, made this statement on the GRULAC Proposal for Analysis of Copyright in the Digital Environment on behalf of CIS on Day 5, 18 November, 2016. </b>
<p> </p>
<p>Thank you, Mr.
Chair.</p>
<p>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.</p>
<p>In an environment of
monopolies controlling the distribution of software and digital
services, which connect users and developers, such a comprehensive
study assumes significant importance.</p>
<p>Such a study/or a
parallel study after the scoping exercise must encompass the methods
in which such digital corporations are enforcing their own IP rules
on creators worldwide, and if there are fair systems in place to
address violations, and 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 corporations go, and often
actions are taken without appropriate justification/explanation. Back
in India, I have met several creators who have suffered as a result
of such unilateral actions. In this, regard it will be useful to know
how creators in developing countries are impacted by rules enforced
by platforms largely situated in developed countries, which can help
us build a framework for the benefit of all, equally.</p>
<p>I welcome the
proposal.</p>
<p>Thank you, Mr.
Chairman.</p>
<p class="discreet"> </p>
<p class="discreet">Access the proposal <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_31/sccr_31_4.pdfhttp://">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/33rd-sccr-cis-statement-on-the-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment'>https://cis-india.org/a2k/33rd-sccr-cis-statement-on-the-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment</a>
</p>
No publishersinhaAccess to KnowledgeWIPO2016-11-18T15:28:21ZBlog EntryWIPO To Negotiate Treaty For The Blind In June; ‘Still Some Distance To Travel’
https://cis-india.org/news/ip-watch-catherine-saez-december-18-2012-wipo-to-negotiate-treaty-for-the-blind-in-june
<b>In a swift 15 minute session this morning delegates at the World Intellectual Property Organization extraordinary assembly agreed to convene a high-level meeting in Morocco in June to finalise a treaty on international exceptions to copyrights on books in special formats for visually impaired people. </b>
<hr />
<p style="text-align: justify; ">This article by Catherine Saez was <a class="external-link" href="http://www.ip-watch.org/2012/12/18/wipo-to-negotiate-treaty-for-the-blind-in-june-still-some-distance-to-travel/">published</a> in Intellectual Property Watch on December 18, 2012. Rahul Cherian is quoted.</p>
<hr />
<p style="text-align: justify; ">After long informal discussions yesterday with the assembly chair, Ambassador Uglješa Zvekić of Serbia, the decision <a href="http://www.ip-watch.org/weblog/wp-content/uploads/2012/12/WIPO-EGA-Decisions-Dec-2012.pdf" target="_blank">document</a> [pdf] was issued this morning.</p>
<p style="text-align: justify; ">WIPO Director General Francis Gurry said, “It is a great decision. Of course we are all aware that there is still some distance to travel before we have a treaty, but this decision, I think, places us one further step along the road and in a very good position to be able to deliver the objective, namely a very positive outcome of this exercise, with a good treaty that improves the situation of visually impaired persons and the print disabled.”</p>
<p style="text-align: justify; ">The General Assembly decided that a diplomatic conference should be convened in June 2013, in Morocco, with a mandate to negotiate and conclude a treaty.</p>
<p style="text-align: justify; ">Furthermore, the WIPO Standing Committee on Copyright and Related Rights (SCCR) will meet in a special session for five days in February to expedite further text-based work on the draft treaty, <a href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_25/sccr_25_2.pdf" target="_blank">document SCCR/25/2</a> [pdf] “in order to reach sufficient level of agreement on the text.”</p>
<p style="text-align: justify; ">The assembly also directs "the Preparatory Committee to meet at the end of the February SCCR meeting to decide, if needed whether additional work is required with the objective of holding a successful Conference in June 2013," the decision says. It also states that the preparatory committee will invite observers.</p>
<p style="text-align: justify; ">The assembly decision has five paragraphs. With respect to paragraph 4 of the decision (on the special work session in February), Zvekić said, “we agreed to state for the record that in this paragraph, the phrase ‘additional work’ means additional work by either the SCCR or the preparatory committee, so that the preparatory committee can decide that either itself, the SCCR, or both may have additional work to do in order to prepare a revised text for the diplomatic conference.”</p>
<p style="text-align: justify; ">Document SCCR/25/2, which contains the draft articles as approved by the last SCCR session in November, "will constitute the substantive articles of the Basic Proposal for the Diplomatic Conference," the decision says, “with the understanding that any Member State and the special delegation of the European Union may make proposals at the Diplomatic Conference.”</p>
<p style="text-align: justify; ">The assembly also established a preparatory committee, which met at the close of the assembly this morning to work on modalities of the diplomatic conference, such as the draft rules of procedure, the list of states and organisations to be invited, and the agenda, dates, venue and other organisational questions.</p>
<p style="text-align: justify; ">Blue Sky with Some Clouds</p>
<p style="text-align: justify; ">The new consensus on a diplomatic conference and on a legally binding treaty to create exceptions and limitations to copyright for the benefit of visually impaired people cannot eclipse the fact that the draft text still reflects profound divisions between countries.</p>
<p style="text-align: justify; ">In February, delegates will have to tackle remaining issues, such as the inclusion of the three step test and commercial availability, on which they currently are at a standstill. Both inclusions are favoured by developed countries, in an effort to protect their right holders.</p>
<p style="text-align: justify; ">Yesterday morning, the delegation of Barbados said the treaty should be effective, and “while acknowledging the importance of safeguards,” it is important that “provisions in the text would not unduly restrict authorised entities from making accessible formats available under national law exceptions.”</p>
<p style="text-align: justify; ">“Provisions should not render the text nugatory through exposing authorised entities to possible liability and making their work administratively burdensome,” the delegate said.</p>
<p style="text-align: justify; ">In a <a href="http://www.ip-watch.org/weblog/wp-content/uploads/2012/12/WBU-press-release-18-Dec-2012.doc" target="_blank">press release</a> [doc] issued today by the World Blind Union (WBU), Maryanne Diamond, leader of the WBU Right To Read campaign, said, "The decision of the WIPO Extraordinary General Assembly today is a very significant milestone on the road to a treaty. It means governments have kept the work on track to agree a binding and effective treaty in 2013, which if completed would allow blind people to access many thousands more books."</p>
<p style="text-align: justify; ">"The work is far from over, though. We urge all parties to now negotiate a simple, binding and effective treaty. A good treaty will really help us to end the book famine in which only some one to seven percent of books are ever made accessible to us," the release said.</p>
<p style="text-align: justify; ">Rahul Cherian, from Indian WBU member Inclusive Planet, also said in the release that "the objective of this treaty must be that of helping blind and print disabled people to get accessible format books, especially in developing countries. To achieve this goal, it must be workable and simply worded so that blind and print disabled people and their organisations can use it to really make a difference."</p>
<p style="text-align: justify; ">Currently in many countries, copyright law prevents charities from making accessible copies of books, and from sending them to others in countries speaking the same language, the release said. "The WIPO treaty sought by the World Blind Union would remove these copyright barriers and open up a new world of reading to blind people."</p>
<p>
For more details visit <a href='https://cis-india.org/news/ip-watch-catherine-saez-december-18-2012-wipo-to-negotiate-treaty-for-the-blind-in-june'>https://cis-india.org/news/ip-watch-catherine-saez-december-18-2012-wipo-to-negotiate-treaty-for-the-blind-in-june</a>
</p>
No publisherpraskrishnaCopyrightAccess to KnowledgeWIPO2012-12-21T11:50:04ZNews ItemWIPO to Convene a Diplomatic Conference in Morocco to Finalise TVI
https://cis-india.org/accessibility/blog/wipo-to-convene-conference-to-finalise-tvi-next-year
<b>In a landmark development, on December 18, 2012, the Extraordinary General Assembly of the World Intellectual Property Organisation agreed to convene a diplomatic conference, likely to be in Morocco, in June of next year to finalise the Treaty for Visually Impaired Persons/Persons with Print Disabilities.</b>
<p style="text-align: justify; ">This comes about five years after a team of about ten of us sat down in the offices of <a href="http://keionline.org/">Knowledge Ecology International</a> in Washington D.C. to draft the first cut of the Treaty.</p>
<p style="text-align: justify; ">Even as late as December 17, it was uncertain as to whether the outcome would be positive, particularly as the United States was fixated on the word "instrument" and not "treaty". At one point during the EGA it was rumored that the US and the EU were insisting on a "kill switch" in the decision document of the Extraordinary General Assembly. Essentially the US and the EU were apparently pushing for wording in the decision text stating that if the text of the Treaty was not fully agreed by the end of the upcoming WIPO Standing Committee on Copyright and Related Rights in February, then the diplomatic conference was off. Luckily none of this type of wording was reflected in the decision of the EGA. The EU was insisting on a non-binding instrument as opposed to a treaty till November this year when they finally capitulated due to the extensive pressure applied internally by blind groups such as the European Blind Union and the Royal National Institute of Blind People in the United Kingdom.</p>
<p style="text-align: justify; ">However, it is not smooth sailing from here on since there are still some very critical issues to be resolved in the text of the Treaty. Possibly the most critical issue from the perspective of blind groups is the outstanding issue of commercial availability. The European Union and the United States insist that the Treaty should apply only when works in accessible formats such as Braille or <a href="http://en.wikipedia.org/wiki/DAISY_Digital_Talking_Book">Daisy</a> are not commercially available. The contentious provision in the Treaty in relation to export of accessible format copies is the following: "The Member State/Contracting Party may limit said distribution or making available of published works which, in the applicable accessible format, cannot be otherwise obtained within a reasonable time and at a reasonable price, in the country of importation." There is also a similar clause with respect to national exceptions as well.</p>
<p style="text-align: justify; ">The problem that we have with this clause is that it places the burden on exporting organizations to determine, prior to export, whether a work is available in an accessible format in the importing country within a "reasonable time" and "reasonable price". In reality, this will be impossible for organizations to verify this position with any degree of certainty without spending substantial amounts of money or dedicating significant resources for this. As a result the organizations will not export accessible format copies because they are nervous about copyright violation thereby meaning that the treaty will not be used in reality. Obviously from our perspective there is no point in having a treaty which cannot be used to benefit the millions of persons with visual impairment.</p>
<p style="text-align: justify; ">Another outstanding issue that is crucial to us is that a beneficiary (such as a visually impaired person) in one country should be able to import accessible format copies directly from organizations abroad. The European Union does not want to permit this and insists that export and import should only be between organizations. The position of the European Union will be counterproductive because it will add too much burden on organizations in developing countries to serve their disabled populations.</p>
<p style="text-align: justify; ">We get the opportunity to fix these issues during the next session of the Standing Committee meeting in February 2013. If required there could another session called to sort out text related issues before the diplomatic conference in June.</p>
<p style="text-align: justify; ">Ultimately, the success or failure of the Treaty will boil down to whether the US and the EU actually end up ratifying the Treaty. After all, they have the largest collections of material in accessible formats which we need to import into India. The <a href="http://www.hathitrust.org/">Hathi Trust</a> in the United States has approximately 10 million books in accessible formats which will be invaluable for the visually impaired community in India. Given the recent rejection of the United States of the <a href="http://www.huffingtonpost.com/human-rights-watch/us-senate-misses-opportun_b_2244885.html">United Nations Convention on the Rights of Persons with Disabilities</a> it remains to be seen what the future holds.</p>
<hr />
<p style="text-align: justify; ">Rahul Cherian is the legal advisor to the World Blind Union on the Treaty and is the founder of the <a href="http://www.inclusiveplanet.org.in/">Inclusive Planet Centre for Disability Law and Policy</a></p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/wipo-to-convene-conference-to-finalise-tvi-next-year'>https://cis-india.org/accessibility/blog/wipo-to-convene-conference-to-finalise-tvi-next-year</a>
</p>
No publisherRahul CherianAccessibilityWIPO2012-12-24T06:18:58ZBlog Entry34th SCCR: CIS Statement on the Proposal for Analysis of Copyright Related to the Digital Environment
https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-proposal-for-analysis-of-copyright-related-to-the-digital-environment
<b>Anubha Sinha, attending the 34th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 1 May, 2017 to 5 May, 2017, made this statement during the discussion on the Proposal for Analysis of Copyright Related to the Digital Environment.</b>
<p>Thank you Mr. Chair.</p>
<p>On behalf of CIS, it is my submission that the study can
additionally focus on all the key actors along the entire supply and value
chain involved in content dissemination in the digital environment,
complementing the study of the legal environments. This would shed considerable
light on national legal frameworks and also provide us evidence of
transparency, or the lack thereof in the businesses involved and the extent of low proportions of copyright and
related rights payment to the creators and their unfair treatment.</p>
<p>Thank
you.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-proposal-for-analysis-of-copyright-related-to-the-digital-environment'>https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-proposal-for-analysis-of-copyright-related-to-the-digital-environment</a>
</p>
No publishersinhaCopyrightAccess to KnowledgeWIPO2017-05-15T10:42:28ZBlog Entry34th SCCR: A Summary Report
https://cis-india.org/a2k/blogs/34th-sccr-a-summary-report
<b>The 34th session of the Standing Committee on Copyright and Related Rights (SCCR) was held from 1st- 5th May 2017 at Geneva, Switzerland. Anubha Sinha attended the session and provides an update on the status of discussions and noteworthy emerging/unsolved debates in the Committee. </b>
<p>Agenda items at this <a class="external-link" href="http://www.wipo.int/meetings/en/details.jsp?meeting_id=42296">SCCR </a>included 1) Reaching consensus on text of Broadcasting Treaty 2) Discussion on limitations and exceptions for libraries and archives, and educational and research institutions and persons with other disabilities 3) Discussion on artist's resale right 4) Discussion on proposal for analysis of copyright related to the digital environment. The Asia-Pacific group was represented by the Indonesian delegation - a break from Indian leadership. In comparison to previous SCCRs, the Indian delegation was less vocal, especially reflected in negotiations around the Broadcasting treaty.</p>
<h2>Broadcasting Treaty</h2>
<p>The delegations and secretariat (headed by newly appointed Chair, Darren Tang) began discussions in the earnest, keen on presenting a consensus to the UN General Assembly. Two days were spent in hammering out a feeble consensus on <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_34/sccr_34_3.pdf">Consolidated text on Definitions, Object of Protection, Rights to be Granted and Other Issues.</a> This was done entirely in the informals.[<strong>1</strong>] There was a high degree of divergence between positions, so much that the draft text ended up with additional language even on issues that had achieved a certain degree of stability. The most intractable issue emerged to be the definition (and inclusion) of deferred transmission.</p>
<p>Observers were not offered an opportunity to present statements, which was <a class="external-link" href="http://keionline.org/node/2768">alarmingly unfortunate</a>. Delegations are expected to mull over the fresh additions/modifications back home, and will again attempt to streamline the text at the next SCCR (November, 2017).</p>
<h2>Limitations and Exceptions on Libraries and Archives</h2>
<p>The Committee has been trying to come up with a legally binding instrument on this agenda. No draft text exists, only an <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_34/sccr_34_5.pdf">informal chart on limitations and exceptions</a> (prepared by the Chair) was used as a framework for discussions.</p>
<p>While African, Asia-Pacific, GRULAC, China and were keen on constructively moving towards a legally binding treaty, other groups/countries were less so.</p>
<p>The Central Europe and Baltic group (CEBS group) expressed that the agenda was best left for member states to legislate at the domestic level; they were willing to go only as far as "exchanging best practices" at this forum and adopting alternative approaches. Anything but a legally binding instrument, basically. EU, similarly positioned, suggested that the Committee should rather explore how <em>existing </em>limitations and exceptions under international treaties could function efficiently.</p>
<p>Argentina pointed out that issues such as cross-border works could not be addressed by the states themselves. Further, Russia said that existing treaties (Berne Convention, Rome Convention, WIPO Internet treaties) did not allow the introduction of the desired limitations and exceptions; and that it would be useful to merge limitations and exceptions on libraries and archives, and research and educational institutions.</p>
<p>Finally, Chile and Nigeria suggested that the Chair's informal chart could perhaps be adopted by the Committee as a working document, which was not met with much enthusiasm. Most states appreciated Dr. Crews' study and indicated that an update on the work would be useful for the Committee.</p>
<h2>Limitations and Exceptions on Educational and Research Institutions and for Persons with other Disabilities</h2>
<p>Professor Blake Reid and Professor Caroline Ncube and team made a presentation on their scoping study on limitations and exceptions for persons with disabilities (Link <a class="external-link" href="http://keionline.org/node/2773">here</a>). On the issue of limitations and exceptions for educational and research institutions the delegations looked forward to Prof. Daniel Seng's final study (in a future session). Rest of the discussion was split in a similar fashion as the previous session on libraries and archives.</p>
<p>Notably, the Indian delegation supported the discussions on limitations and exceptions with a view to produce an international instrument.</p>
<h2>Artists Resale Right</h2>
<p>The discussion around this agenda is in a preliminary stage and Dr. Graddy (Economist, Brandeis International Business School) presented an overview of the same basis a consultation with experts and stakeholders. Artists resale rights provide an artist with the right to receive a royalty based on the resale of an original work of art. Theoretically, resale rights may hurt market competition as they could potentially prompt buyers and sellers to transact in other countries which do not provision for resale royalties, to avoid bearing the cost. Further, buyers may potentially pay less as they may have to pay up when they sell next - as a result the resale right could hurt younger artists more than the older ones. However, a 2008 study of the UK market after the introduction of this resale right revealed no such adverse effects. Dr. Graddy attributed this to the fact that resale royalties were limited to 2% of the sales price or a ceiling of (~500 eur), and in comparison to the auctioneer's commission (15-20%) were not a major cost in the entire transaction.</p>
<p>This proposal was moved by Senegal and Congo (in a previous session), and has been strongly supported by African nations. Most observers were in support as well. Further, resale rights already exist in the European Union and certain other states. USA was vocal about not endorsing a normative instrument on this topic. </p>
<h2>Discussion on Proposal for Analysis of Copyright related to the Digital Environment</h2>
<p>This proposal, tabled by GRULAC (at a previous session) stressed on the importance of transparency in remuneration for performers in the digital environment. Several delegations commented on the wide breadth of the proposal and suggested it be narrowed down. USA made a distinction between copyright policy, and marketplace issues such as remuneration of artists and performers and bargaining power - making it clear that the SCCR should touch upon the former only. A presentation of a study-in-progress followed. The study will examine the national copyright laws relating to digital technology including limitations and exceptions (passed in the last decade or so), and how they govern intermediaries. The final study will be presented in the next session.</p>
<h2>CIS' Participation</h2>
<p>I made statements on agenda item <a class="external-link" href="http://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-discussion-on-limitations-and-exceptions-for-libraries-and-archives">limitations and exceptions for libraries and archives</a>, and <a class="external-link" href="http://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-proposal-for-analysis-of-copyright-related-to-the-digital-environment">GRULAC proposal for analysis of copyright related to the digital environment. <br /></a></p>
<p>In addition, I participated in a panel discussion on <a class="external-link" href="http://infojustice.org/sccr34"><strong>Fixing Copyright for Education</strong></a> alongside <strong>Chichi Umesi,</strong> First Secretary, Mission Of Nigeria to the United Nations in Geneva; <strong>Sean Flynn</strong>, PIJIP; <strong>Teresa Nobre</strong>, Communia; and <strong>Delia Browne</strong>,
Creative Commons Australia / Director, National Copyright Unit (Schools
and TAFEs) Australia. The panel covered obstacles to educational
uses of works in Europe and the need for opening up related user rights,
the ongoing Australian copyright reform debate and the recent interpretation by Indian courts of the reproduction exception for educational purposes in
the <a class="external-link" href="https://thewire.in/68151/delhi-hc-ruling-photocopying-du/">DU photocopying case</a> (Link to panel discussion material <a class="external-link" href="http://infojustice.org/sccr34">here</a>).</p>
<h2>Observer Statements:</h2>
<ul><li><a class="external-link" href="http://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-libraries-and-archives">Observer Statements on Limitations and Exceptions for Libraries and Archives</a></li><li><a class="external-link" href="http://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities">Observer Statements on Limitations and Exceptions for Educational and Research Institutions <br /></a></li><li><a class="external-link" href="http://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities">Observer Statements on Proposal for Analysis of Copyright related to the Digital Environment</a></li></ul>
<p> </p>
<p><em><strong>A summary by the Chair is available <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_34/sccr_34_ref_summary_by_the_chair.pdf">here</a>. </strong></em></p>
<p> <strong>[1]</strong> Informals are a different kind of negotiation-setting than the plenary and happen privately
between delegates and the chair. Observers are provided with an audio
feed of the discussion but cannot report anything that is said.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-a-summary-report'>https://cis-india.org/a2k/blogs/34th-sccr-a-summary-report</a>
</p>
No publishersinhaCopyrightAccess to KnowledgeWIPO2017-05-30T13:55:22ZBlog Entry34th SCCR: Observer Statements on Limitations and Exceptions for Libraries and Archives
https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-libraries-and-archives
<b>Observers made the following statements on the agenda of limitations and exceptions for libraries and archives on 3rd May 2017. </b>
<p><strong><a class="external-link" href="https://www.ifla.org/">International Federation of Library Associations and Institutions (IFLA): </a></strong><br />Thank you, Mr. Chair. We congratulate you
as leaders of body and looks forward to working with you to achieve the goals
of the in the interests of the national copyright system. We thank the Secretariat for
their hard work and IFLA is proud to have attended sessions of the SCCR
for many years and gratified that Member States understand and support the role
of libraries, archives and museums in promoting knowledge and the understanding
of diverse cultures.</p>
<p>As the U.S. states and its principles
document SCCR/26/8, exceptions and limitations facilitate the public service
role of libraries and are executives maintaining the balance between the rights
of authors and larger public interest, particularly education, research, and
access to information that is essential in today's society. But that balance
has eroded over time as rights holders have promoted fell ashes notion that
copyright is primarily or only about protection of rights not the public good.
In a world where information is increasingly borderless, as borderless as
broadcast signals, the idea that issues related to access to information are
local as one delegate astonishingly stated earlier this week is really
incomprehensible and misguided. This is not to say, however, that local or
national action is not needed as one element in the equation of access to
information. In this limited sense, we agree that the exchange of national
experiences in this body over the past several years has been helpful as have
been the studies commissioned by WIPO from Professor Kenneth Crews which
demonstrated the wide variation in exceptions and limitations existing in
SCCR's Member States, including their absence in numerous countries. We applaud
WIPO for commissioning these studies and urge that the Secretariat build on the
studies produced by professor cruise to develop a regularly updated searchable
database of exceptions and limitations for libraries, archives and museums to
be accessible across borders so that legislators and citizens who do not attend
these sessions can easily learn from other's experience on an ongoing basis. We
further recommend that SCCR capitalize on the past sharing of Member States'
national experiences and the suggested approaches in the Chair's chart of
SCCR/33 by creating a draft law on exceptions and limitations for libraries,
archives and museums in collaboration with all stakeholders so that there will
be practical outcomes for recent discussions in this body. Such a draft law
would draw on the committee's past discussions on the subject but not be
binding or prejudice in any way the outcome of the committee's own work. IFLA stands ready to work with its colleagues in the archival and museum communities
as well as with rights holders delegates to SCCR and the Secretariat to achieve
this objective. As for our recommendations or reactions to the Chair's final
chart from SCCR/33, IFLA supports this and we urge the Chair's chart be upped as a working document and certainly to the qua as an outcome of SCCR35. Finally
in response to the proposal by the Delegation of Argentina, SCCR/33/4, we hope
that the committee will request the Secretariat to prepare a study on issues
related to limitations and exceptions for libraries, archives and museums and a
cross-border context including digital uses. We are grateful to the Member
States that have placed and maintained limitations and exceptions for libraries
and archives on the SCCR agenda and look forward to continuing these
discussions. These outcomes will affect access to information and knowledge for
people throughout the world. Thank you, Mr. Chair.</p>
<p><strong><a class="external-link" href="http://www2.archivists.org/">Society of American Archivists:</a> <br /></strong>Thank you, Mr. Chair, I will try to be
brief. The Society of American Archivists, North America's largest professional
archival organisation looks forward to working with you and your Vice Chairs.
Our members manage billions of primary source works from across the global. SAA
believes in the importance of WIPO's work because copyright is central to the
mission of archivists. Archivists collect and preserve all types of creative
works for one reason only, use. Most archived works, however, have never been
in commerce, but people globally need them to maintain their culture, identity,
protect Human Rights and support innovation through new creative works. If such
works cannot be made available digitally, however, and across borders, they
might as well not exist. Archivists and librarians are conscientious about
copyright, but sometimes strict adherence to the law conflicts with our
collections and our mission. For example, a 1970's collection of over 120
interviews of legendary jazz musicians are available for on site study in the
archives of the U.S. research library, but, their general usefulness has been
hobbled by unbalanced copyright law because the original copyright assignment
mentioned neither derivative works nor the yet to be invented Internet. As a
result, risk averse librarians and lawyers were unwilling to allow zing tall
accessibility of the interviews. Although jazz cannot thrive without taking
risks, an archivist's obligation to the future requires that we minimize risk.
That's why we need reasonable exceptions to deal with the streams ambiguity
inherent in our collections. Copyright is already perceived to be under attack.
Can WIPO afford to torn away allies such as archivists? We have a very positive
public approval rating from the very people that you need to reach. To keep
archivists on board the development of exceptions for archives must remain on
SCCR's agenda. To this end the committee's work should continue based on the
previous Chair's chart and that chart should become a working document for the
committee. Thank you.</p>
<p><strong>Centre for Internet and Society</strong>: <br />Thank you, Mr. Chair. CIS works on issues of access to knowledge and other digital
rights in India. I would like to share with you my experience which highlights
the difficulty of building digital archives in India. Mr. Chair, earlier last
year the government of India embarked upon the important project of digitizing
the cultural audiovisual material stored in government and private collections to store material for preservation purposes,
and set up a virtual network of these repositories to offer online access. My
organization has been assisting them in this crucial public service mission. These works are oral traditions, dance,
music, theatrical practices, cultural practices – all of which lie largely
inaccessible and languishing in several small and large collections in India.
Since, the Indian copyright Act does not contain an exception for the purposes
of preservation by an archive; the entire project has suffered high costs in
terms of money and time. Money, because the project had to get expensive legal
assistance to set up processes to obtain rights clearance from all the
performers who were a part of the works and copyright holders- some of which
are orphan works, thereby compounding the problem. Further, partnering
organizations also expressed legitimate fears of supplying their works, in case
of a potential copyright and related rights violation that could implicate them
with civil/criminal liability.</p>
<p>In such a scenario, for the benefit of other states to
update their standards corresponding to this international legal instrument as
well, it would indeed be useful to adopt the proposals mentioned in the document <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_26/sccr_26_3.pdf">SCCR/26/3</a> that
address these issues, and others. Thank you.</p>
<p><a class="external-link" href="http://www.ica.org/en"><strong>International Council of Archives</strong>:</a><br />Thank you very much, Mr. Chair. And the ICA congratulates you on your election and that of your Vice Chairs and we look forward to working with you. Archival institutions exist throughout the world. Governments, organisations and individuals create records to provide evidence of their actions to document their rights and obligations and to preserve their heritage. Archives acquire and preserve these documents and make them available for all to use as the raw materials for cultural, academic, social and scientific research. The nature of archival material presents a particular problem. Archives hold billions of copyright works that were not created or intended for commercial purposes. Because they were never published, the rights holders for such works cannot be located. For these reasons, collective licensing is not a workable solution. The archival mission to make their holdings available for research is ham strung by a web of inconsistent copyright laws that have failed to keep up with social and technological development. In this body systemic discussion of the eleven topics, archivists provided a rich array of real life examples that clearly demonstrate the need for exceptions, for mutual recognition by Member States of exceptions and limitations to copyright that would permit archives everywhere to serve an international audience. The results of that excellent work was summarized in the Chair's informal chart on limitations, exceptions for libraries and archives. Every creator benefits from the work of his or her predecessors. Knowledge of that earlier work comes largely from libraries and archives. Many of the rights holders represented in this room could not have created their works without us. Why would creators not wholeheartedly support exceptions for archives and libraries that would only benefit their work. Regrettably, we continue to hear assertions from some groups that national solutions are suffer. It should be abundantly clear by now that national solutions are far from sufficient. We need solutions that apply in a global network environment. And in that regard, Mr. Chair, the Chair's informal chart on limitations and exceptions for libraries and archives prepared at the end of SCCR33 refined and clarified the topics to be addressed and provides a practical approach to continue to move this initiative forward. We would support our IFLA colleagues called to have it adopted as a working document of the committee, and we would also support IFLA's call for a study of cross-border issues. Thank you, Mr. Chairperson.</p>
<p><strong>German Library Association: </strong><br />I congratulate you on your election as a
Chair and I speak on behalf of German Library Association representing 10,000
libraries in Germany. Libraries and archives face a problem. There is a high
level of the international copyright protection, on the other hand, there is no
such uniformity in limitations. Limitations like the ones fixed in the already
mentioned Chair's informal chart, for example, for preservation, lending,
document delivery, are the basis of library services. But limitations and
exceptions are like a patchwork of different national legislations. For every
library service crossing borders that means to act legally library staff has to
know about the limitations and exceptions not only in their own country,
country of origin but also in the country of destination of that service.
Respective to the German library index and university libraries in 2016 around
60% of the acquisitions were electronic in technical universities the portion
of electronic acquisitions is even much higher. These numbers in international
comparison are even low. We can assert that research libraries are digital more
than they are paper based. In the electronic world, the problem is resources
usually are only available after agreement on license stipulations formulated
by the rights holders mostly. That means contracts are concluded. Contracts
eventually can override the limitations and exceptions. This committee might
agree on in one form or the other. The objective of facilitating cross-border
library teaching and research services could be achieved by introducing an
international mandatory instrument on limitations and exceptions. Another track
to facilitate cross-border use could be the introduction of principles of
harmonizations combined with a rule of mutual recognitions like proposed in the
document of the Delegation of Argentina. Thank you, Mr. Chairman.</p>
<p><a class="external-link" href="http://www.ifj.org/"><strong>International Federation of Journalists: </strong></a><br />The International Federation of Journalists congratulates, again, the Chair and Vice Chairs on their election and the members of the Secretariat for their diligent work. We represent about 600,000 journalists in 140 countries worldwide north and south. The International Federation of Journalists, of course, understands ts essential role of libraries and archives specifically we fully support them having the freedom to have copies for preservation. The International Federation of Journalists has repeatedly called for libraries and archives to have proper direct funding to do this themselves and not to be forced to subcontract digital archiving to commercial operations. The honorable representative of Brazil referred earlier this morning to the potential to extend the outreach of libraries and archives in unprecedents ways.. Of course, this, the making of works available on the Internet, for example, and on its successes is an important supplement to the vital role of libraries and archives in the education and training of many including journalists. But when it comes to libraries and are executives making copies of works available off the premises, that is is it not, a publishing operation? The International Federation of Journalists believes that the solution to this issue is collective licensing and necessarily capacity building to insure that efficient Democratically controlled collective licensing is available in all Member States and can deal with cross-border issues as the collective licenses that already exist already do. Many of those 600,000 journalists particularly those who focus on international reporting are poorly paid. Where there is such collective licensing it makes important contribution to their economic survival as independent professionals with their own essential contribution to make to the recording and preservation of our culture from within our cultures and not relying on foreign reporting. Thank you.</p>
<p><a class="external-link" href="http://keionline.org/"><strong>Knowledge Ecology International</strong></a>: <br />Thank you, Mr. Chairman and congratulations
for your election. And for your Co-Chairs'. One thing I just wanted to mention
as related to libraries is in addition to the excellent studies that have been
done by Kenneth Crews and other people that have looked at library exceptions,
I thought it might be interesting to have the chief economist or other people
involved, but certainly the chief economist to look at the economics of the
library industry. I think that we look at libraries as part of the research and
development infrastructure for a country, not only as places people go to read
novels, but an essential part of the competitiveness and ability for a country
to have a strong high tech sector but also play an important role in the
development. And it would be interesting to know what the assessment is because
we hear it from other industries all of the time. They talk about the number of
jobs in the film industry or the number of jobs. It would be interesting to
know how many people are employed in different countries in the library sector,
but also what contributions the library sector makes to the economic
development of the country, and what challenges they face on pricing. The last
point I wanted to make is that clearly there is a set of issues that it's
really hard to reach on census on, and there is other areas where it's easier,
I would think, to reach consensus on. This discussion of the archiving and the
preservation of documents is a pretty good case. Certainly the making available
of what's put into, what's archived and preserved in terms of documents, it's
more challenging to reach consensus on that than it is to insure that people
have adequate exceptions to merely do archiving and preservations. And I think
that it would be unfortunate if in looking at their wide range of issues that
are facing libraries, recognizing that there is a very inadequate set of
exceptions in many countries according to the studies that have already been
done, that people don't move forward in areas where consensus could be reached
such as preservation and archiving because there are other areas that are more
controversial. Thank you.</p>
<p><strong><a href="https://cis-india.org/a2k/blogs/www.eifl.net/" class="external-link">Electronic Information for Libraries</a></strong>: <br />Thank you, Chairman. I'm speaking on behalf
of the Electronic Information for Libraries and I would like to thank you for
giving me the floor and congratulate you upon your election to Chair this
committee. I would also like to congratulate your Vice Chairs. We would like to
thank the African Group, GRULAC, Asia-Pacific Group and the other delegates for
having spoken of the interrelationship between the Sustainable Development
Goals and the establishment of access to libraries and archives because emphasis
is placed on access to information. Ladies and gentlemen, the Internet is
global, but legislation on copyright stops at borders and that is why we are
here today. Digital technology has changed the world, which people have access
to information. Today the way we study and learn in fact means that people do
not have full access. We believe that copyright is important, and that
limitations and exceptions are crucial for a modern information infrastructure
as well as for open access and other licensin wills. We are very pleased that
other countries have modified proposals on copyright.. We are pleased that some
countries have expanded their exceptions or introduced new ones. However, some
countries who are updating their law are not enough to resolve a broader
problem, the demand for cross-border access to information for research
and culture. And the need to insure that nobody is left behind in access to
knowledge means that there is say need for this aspect to be taken into
account. There are specific issues which were compiled in a document and
submitted to this committee and I would like to invite you to read it. There
are printed copies available, but it can also be found on line. It begins with
the Internet is global. We also support IFLA's and ICAS interventions and we
hope that progress will be made swiftly in the SCCR in this issue. We thank you
very much for your attention.</p>
<p><strong><a href="https://cis-india.org/a2k/blogs/icom.museum/" class="external-link">International Council of museums (ICOM)</a>:</strong><br />Thank you, Mr. Chair, for this opportunity
to address this important agenda item.. The international Council of museums
represents important 36,000 museum professionals world wide. We are here, Mr.
Chair, to give our voice to museum professionals for this important agenda
item. After consultation with the international museum community and in keeping
with the results of the WIPO study on exceptions and limitations on copyright
for museums ICOM joined forces with our library and archive colleagues to
pursue exceptions to copyright for the benefit of libraries, archives and
museums as enumerated in the Chair's informal chart that provide for exceptions
for all three. This pursuit is not intended to disrupt markets, but instead is
targeted to instances where museums and indeed libraries and archives are
unable to carry out their often shared mission. ICOM was very pleased that the
Canadian delegation called for a museum study in 2013 while at the 26th session
of the Standing Committee on copyright and related rights. The study
on exceptions first draft was distributed and presented at the 30th session of
the SCCR in 2015. The study distributed business WIPO provides a broad basis of
understanding of the status of exceptions for museums within WIPO Member States
and provides for the basis for ICOM's continued advocacy of exceptions for
museums. The purpose of our intervention today is to signal that ICOM is
committed to the belief that a harmonized approach towards libraries, archives
and museums is both possible and necessary to achieve the overall objective of
obtaining operational exceptions for materials and cultural heritage
collections at the international level. [..] there are many instances where
museums, libraries and archives cross mandates given the nature of distinctive
collections. Libraries hold collections that include artifacts more
traditionally aligned with museum collections or have accessioned collections
that include unpublished materials often found in archives. Museums hold archival
collections, have libraries within museums, and include study collections as
part of their overall collections. Museums like archives nay oftentimes include
a vast array of artifacts in their collections and include materials that have
often been published and unpublished. At the same time, libraries, archives and
museums face the same obstacles created by copyright law in trying to fulfill
their respective missions being education, public interest, access to
collections and communication of scholarship. This is particularly true when
museums are examined not simply as stewards of art collections but as stewards
of historic scientific and natural collections as well. The similarities are in fact magnified when we examine the collections we face with our 20th century collections. Museums, libraries and archives face similar challenges in preserving, exhibiting and providing access and communicating about art collections. Thank you, Mr. Chair for the opportunity to address this important issue.</p>
<p><strong><a href="https://cis-india.org/a2k/blogs/httpwww.eblida.org/" class="external-link">European Bureau of library, information and documentation associations</a></strong>: <br />Mr. Chair, we congratulate you and the Vice
Chairs on your elections to office, and thank you for inviting the European
Bureau of library information and documentation associations which is the voice
of libraries in Europe to take the floor. The consolidated libraries and
archives studies in the SCCR30 and the museum study both from 2015 reveal that
the national frontier-based approach to copyright with regard to libraries,
archives and museums now in disarray, too disparate and stuck in the pre-Internet era. In the E.U. this has been the justification of proposal of
mandatory cross-border exceptions to copyright. Yet in face of the ever
expanding world wide web. National copyright laws are in need of constant
modernization to allow institutions to function optimally in an international
cross-border online environment. Now that the detailed discussion of the topic
has been summarized by the previous Chair's SCCR/33 document. We offer
practical suggestions for moving forward. First, we suggest that this committee
establishes the principles to inclusion in the note for overarching
international copyright framework for copyright exceptions and limitations
affecting libraries, archives and museums. The proposals made by the US
delegation in 26/8 offer useful guidance that can shape the content of the
committee's work. A comprehensive and effective solution for libraries should
set standard for and protect national copyright exceptions that impact on the
functions of these institutions, including preservation of materials and
content, copying for document delivery in any format including cross-borders.
Lending of works including remotely. Protecting limitations and exceptions for
override by contract terms and by holding partially inaccessible can due to
legal protections of TPMs. Making orphan works available on line to the public,
text and data mining of legally accessed coven tent. Acquiring work including
by importation and protecting libraries, archives and museums and staff
accounting for them in good faith for criminal or civil liability for
unintended copyright infringement. There are various ways in which the
committee can support work. And could be usefully adopted by this committee.
Secondly, in line with the EU's call for guidance to Member States, we would
welcome efforts from the Secretariat to further inform our discussions. In line
with the Poe proposal from Argentina which correctly addresses the need for
minimum set of exceptions and limitations nationally and the solution for
cross-border issues this what the E.U. itself is seeking to do domestically. We
would welcome a study on cross-border issue as a basis for further discussion.
In order to provide further guidance to Member States, this committee could
request the Secretariat to convene an expert group first and foremost of
library archive and museum copyright experts as well as copyright academics,
lawyers and relevant stakeholders to support the commissioning and tasking of
an agreed expert to develop modern WIPO draft law for libraries, archives and
museums. Finally this committee might wish to request that the Secretariat
provides a useful tool to assist its work by creating online publicly
accessible database of copyright exceptions and limitations. Additionally since
the pace of change in copyright law affecting the library, archive and museum
sector is to fast moving the committee might request an annual report from the
Secretariat of changes to nationals and practices in copyright and related
rights. Thank you for your attention.</p>
<p><strong><a class="external-link" href="http://sitio.innovarte.cl/">Innovarte Corporacion:</a></strong> <br />Thank you very much, Chairman. We would
like to congratulate you upon your election. We would like to thank the excellent work on studies on libraries and archives.
The proposal to work with the aim of a treaty on exceptions and limitations to
copyright to protect the balance and legitimacy of the system for copyright and
related rights with regard to libraries and people with disabilities is
something we have been discussing in this committee since 2004 starting from a proposal which came from Chile. As discussions of the Marrakesh Treaty has
shown that provisions on copyright to protect categories of people who are
threatened or under mined by a lack of exceptions is not only possible but good
and it shows a means to protect libraries, archives and possibly also museums.
In this regard, we would like to request the members of the committee in good
faith to consolidate all of the work done based on the text which has already
been considered, the informal summary of the Chair of the committee as we have
seen it's based on textual proposals either for treaty or another form of
instrument which was proposed by various delegations including Brazil, India,
the United States and many others. We propose that the committee would adopt
this text without any prejudice to what form the work might take in the future.
We believe on another point that the proposal from Argentina is particularly
useful since it seeks to come up with a solution to the obstacle, namely, the
lack of harmonization of rules on libraries and archives at international
level. We believe it is a compliment to what has already been worked on by the
committee with regard to principles and topics which are necessary for
exceptions other than a national level. It should be subject to greater
analysis by this committee, thank you very much.</p>
<p><strong><a class="external-link" href="https://eff.org/">Electronic Frontier Foundation: </a></strong><br />Thank you Mr. Chair. The EFF work supports the work of libraries and archives which have become more relevant in the digital age and which are more challenging now. The updating of exceptions and limitations are an important way to insure that libraries and archives are equipped to meet these two challenges of fulfilling missions in the digital age. In an ideal world EFF sees norm setting as the only way to ensure that WIPO members provide a basic level of modernized limitations and exceptions for libraries, however, we recognize that members do not have the appetite for norm setting in this area at this point in time for various reasons. In that light, we do support the proposal IFLA has made for a draft law and searchable database on library limitations and exceptions. This strikes us as a workable compromise that does not commit members to hard norm setting but which would be a useful interim step towards the harmonization of limitations and exceptions for libraries worldwide. Finally and on a different topic, I would like to express EFF's hope that in the next SCCR session time will also be made available for NGOs to make statements about the broadcast treaty. Thank you very much.</p>
<p><em>Note: Source of the statement texts are WIPO's realtime transcription service. </em></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-libraries-and-archives'>https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-libraries-and-archives</a>
</p>
No publishersinhaAccess to KnowledgeCopyrightLibrariesArchivesWIPO2017-05-30T05:55:43ZBlog Entry34th SCCR: Observer Statements on Limitations and Exceptions for Educational and Research Institutions
https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities
<b>Observers made the following statements on discussion around limitations and exceptions for educational and research institutions on 3rd May 2017. </b>
<p><strong><a class="external-link" href="http://www.communia-association.org/">Communia: <br /></a></strong></p>
<p>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.</p>
<p><strong><a class="external-link" href="http://www.ifj.org/">International Federation of Journalists:</a></strong></p>
<p></p>
<p></p>
<p>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).</p>
<p><strong>International Authors Federation:</strong></p>
<p>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.</p>
<p><strong><a class="external-link" href="http://sitio.innovarte.cl/">Corporacion Innovarte:</a></strong></p>
<p>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.</p>
<p><strong><a class="external-link" href="http://www.pijip.org/">Programme on Information Justice and IP:</a></strong></p>
<p>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<br />
cover all:</p>
<ul><li>Works,</li><li>Apply to all users, and that</li><li>Extend to a full range of activities</li></ul>
<p>Thank you.</p>
<p><em>Note: Source of the statement texts are WIPO's realtime transcription service. </em></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities'>https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-limitations-and-exceptions-for-educational-and-research-institutions-and-persons-with-other-disabilities</a>
</p>
No publishersinhaWIPOCopyrightAccess to KnowledgeLimitations & Exceptions2017-05-30T05:51:42ZBlog Entry34th SCCR: Observer Statements on Proposal for Analysis of Copyright related to the Digital Environment
https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-proposal-for-analysis-of-copyright-related-to-the-digital-environment
<b>Observers made the following statements on GRULAC's proposal on analysis of copyright related to the digital environment on 5th May 2017. </b>
<strong><a href="https://cis-india.org/a2k/blogs/www.cisac.org" class="external-link">CISAC</a>:</strong>
<p> Thank you, Chairman. I'd like to thank the WIPO Secretariat for this initiative because I think it can contribute to a constructive discussion in this committee on a number of issues raised in the document proposed by GRULAC. CISAC would like to thank the two professors on their presentations on the work done in April, and we look forward in great interest to the presentation of the conclusions at the next meeting of SCCR in November. (CISAC) we have a number of -- I'd like to refer to the need to the transfer of values. The greatest challenge -- which is the greatest challenge facing creators, and then there's the changing role of Internet service providers. As very often the authors are marginalized by the digital economy and the value chain. And then the comments about the need to interpret WIPO treaties in the most faithful way possible to the original spirit and also prudence in implementing exceptions and limitations using other alternatives where possible, such as licenses. Thank you.</p>
<p><strong>FILE: </strong><br />Thank you, Chairman, and I congratulate you and your vice chairs on your guidance at this meeting, and I associate myself with these statements made by -- the statements made by states such as the USA, E.U.. I'd also like to congratulate GRULAC on this proposal and recommend the committee, in the face of all these studies, which are very interesting, that we performers believe there are priorities, including, for example, the very low or zero remuneration being paid to authors for our works and our performances on Internet in the digital environment, and so we would, therefore, recommend that mainly this study should focus on that and the GRULAC proposal should be a permanent item on the agenda, and as regards the discussion of the legal systems used -- so this should be included and also the three conclusions reached by the professor should be included on the agenda of this committee. And in all this, the market is developing so rapidly, so we should invent our norms as quickly as possible so that we can compete on an equal footing, on a level playing field in this market. Thank you.</p>
<p><strong><a class="external-link" href="http://keionline.org/">Knowledge Ecology International: </a></strong><br />Thank you very much. I was -- like others, we'd like to take a harder look at the study. One observation I would make is in the original GRULAC proposal, looming large were issues about economics, concentration of ownership in the area of distributing works, questions about the fairness of the distribution of revenue between creative people and distributors of works. I think in some ways that what was described as the study, although it looked very competent and a great cast of characters in terms of the researchers, I would -- I think you may want to examine whether there's more economics or economists that can be brought in to shed more light on the issues raised in the initial paper. And the last thing I wanted to say is we're -- and we've talked to some Delegates about this, or actually, I should say they've talked to us about it and we agree, that the issue of metadata as it relates to digital works is really a new topic that has come about because of the digitalization of works and the development of the Internet. We often feel that the metadata's managed on behalf of right owners but not necessarily on behalf of either the creative individuals or the audiences or the readers or the listeners, and so I think this is a -- related to the GRULAC proposal. It may be a subset, but I also think it's a topic that we would like to see explored more. Thank you very much.</p>
<p><strong>PAAIG</strong>: <br />Thank you, Chair. I would like to focus on the role of limitations and exceptions in the digital environment for the priority of the committee at this time. There's things called non expressive uses, uses that are necessary for technological processes but do not compete with the copyright owner necessary to offer the services and Internet offer over it. We have been doing research on this topic and have been doing studies that suggest the presence of such exceptions is related to investment in growth of local digital technologies. We cannot have streaming without buffering, we can't have artificial intelligence, machine learning, text and data mining, Internet-based translation services without the right to use whole works for purposes that do not compete with the original, but only a small number of countries around the world provide these clear limitations and exceptions, and the lack of those limitations and exceptions is reducing local investment and local innovation in this area. As the experts note, the E.U. has taken a step in the right direction in this regard, creating a mandatory exception for certain technological processes in the directive. That model's not perfect. Many of these digital innovations that I mention actually require permanent copies. Nonetheless, the concept that we need a mandatory exception in this regard that can facilitate cross-border digital trade and local production and innovation should guide this committee. Thank you.</p>
<p><a class="external-link" href="http://sitio.innovarte.cl/"><strong>Corporacion Innovarte</strong></a>: <br />Thank you very much, Mr. Chairman. We're grateful for the work done by the Secretariat on this topic, as also the explanations from the professors that gave us their opinions. We think that the issue of guaranteeing fair remuneration for creators is extremely important. This item should be considered as a standing item on the committee's agenda. However, we also wanted to hearken back to what El Salvador said; in other words, there should be more participation and transparency in the work done in the group of experts in order to guarantee that all of the concerns and issues are covered that are related to this work. Finally, as to the checklists on contracts, this should include not just intermediary platforms such as YouTube, but also contracts between authors and producers or collective entities which also should be a subject of interest for this committee. Thank you.</p>
<p><strong>Latin Artists:</strong> <br />Thank you very much, Mr. Chairman. Latin artists represents associations of actors and other performers in the audiovisual field. We are grateful for looking at the precarious situation of artists and other creators in connection with the use of their performances in the digital era. This was described, effectively, by GRULAC in its proposal. This affects not only musical work but audiovisual works as clarified by the Delegation of Brazil at the last session of this committee, and despite the fact that the same Delegation has referred exclusively today to music. In this situation, we think that the solution is not just exploratory studies, as we heard this morning. We also need to bear in mind that this scope exceeds the specific problems indicated in the GRULAC proposal, more particularly in the need to find appropriate formulas to guarantee that artists and other creators can benefit from the economic content of their performances in the digital era; in other words, formulas that guarantee that artists and authors can have fair remuneration in online use of their interpretation and performance and works. From this viewpoint, we think in the framework of the study we have to look not just at computers or databases. This can simply distract us from the questions we have before us, something that seems to be of concern to certain Delegations, as was expressed this very morning. In fact, ultimately, sir, if the debate that took place at the last session of this committee focused on the proposal of GRULAC, the study should focus exclusively on the problems identified in that proposal. That is all. At any rate, we are attentive to the conclusions which we hope will be reached and presented at the next session of this committee, and we hope that they will foster a debate that can no longer be delayed. Artists and authors need solutions. With all due respect, we cannot allow this time wastage to take place. We need an equitable sharing and the economic benefits derived from the digital use of their interpretations and works. Lastly, Latin artists understands that this question should be a standing independent item on the agenda of the committee. Thank you very much.</p>
<p><strong>LCA</strong>: <br />Thank you, Mr. Chairman. I'd like to echo the statement of El Salvador and the United States that it will be very helpful to have written conclusions of the experts in advance so that we can react to them intelligently. Also, I would like to agree with the United States that the committee should focus on copyright issues and not more abstract market issues. If we start focusing on issues like the value gap, we also need to consider the value to authors of the free global distribution provided by Internet platforms. Thank you.</p>
<p><strong><a class="external-link" href="http://www.aadi.org.ar/">AADI</a></strong>: <br />Thank you very much, Mr. Chairman. On behalf of the general association of performers and collective management of related rights of musical performers in the Republic of Argentina, I should like to congratulate you on your appointment as Chairman of this committee as also your new vice chairs. We wish them every success in their work with the cooperation of the Secretariat and the Delegations of the countries making up this committee. I have no doubt that you will have a successful outcome. Also, I'd like to congratulate professors to thank them for both of their presentations and also the Secretariat for its necessary and positive work to bring information to us. Since the first time that the GRULAC brought a document forward has welcomed this discussion. This was an informed document made available in December 2015 by the Delegation of Brazil. At that time and today, apart from a legal solution for each country, that has found four questions on this item, the document is 31/4, which plays a major role placing on the agenda the issue of performers' rights in a digital era to make the possible damage visible to them that are suffered by performers and artists as also to make it obvious who has caused this damage; in other words, major musical production companies. We have made this public and we have fought for obligatory reflective remuneration for artists and performers in my country. I would like to point out today we are not the only ones to have this stance. We have the extraordinary of Filia, which is a Latin America company of artists and performers, which stated at its annual meeting in October 2016, it is important for document SCCR/31/4, which proposes an analysis of copyright in the digital age to be made visible and to make obvious the various difficulties encountered as also to enable our artists to consolidate their work. I do not wish to dwell on these matters further, but I must say that on a daily basis, I see how major corporations make huge profits at the expense of performers. Is this some kind of a joke? But what we need is actions from whatever quarter can prevent their action and promote our action as performers in the digital era. Thank you.</p>
<p><strong>Centre for Internet and Society</strong>: <br />Thank you Mr. Chair. On behalf of CIS, it is my submission that the study can additionally focus on all the key actors along the entire supply and value chain involved in content dissemination in the digital environment, complementing the study of the legal environments. This would shed considerable light on national legal frameworks and also provide us evidence of transparency, or the lack thereof in the businesses involved and the extent of low proportions of copyright and related rights payment to the creators and their unfair treatment. Thank you.</p>
<strong><a class="external-link" href="http://eifl.net/">Electronic Information for Libraries:</a></strong>
<p>Thank you, Mr. Chair. There were very many proposals on the interest of libraries, including the management of copyright limitations and exceptions in the digital environment, digital exhaustion, licenses, territoriality, and the interpretation of the three-step test. I'd like to thank the two professors for their presentations. We'd be very interested in the findings with regard to the review of copyright laws for digital uses that was dealt with at the start of the presentation. When we looked at data from the Crews study on limitations and exceptions for libraries and archives, we found that in countries that have amended their copyright laws in the last five years, digital copying is expressly barred in over 1/3 of them, even for preservation reasons. My question is are you also considering in the work the evidence and examples of problems experienced by beneficiaries of certain exceptions, such as the library and archive community, when working in the digital environment, as presented to this committee by the community over the last number of years? That would help to further inform the discussion and the possible conclusions. Thank you.</p>
<p> <a class="external-link" href="http://infojustice.org/archives/36034"><strong>Program on Information Justice and Intellectual Property: </strong></a><br />I would like to support that aspect of the GRUAC proposal that focuses on the role of limitations and exceptions in the digital environment as a top priority for this committee. <br />There is an increasing recognition that so-called non-expressive uses – uses necessary for technological processes that do not compete with the copyright owner – are necessary to enable the internet and the services that are offered over it.<br />We at American university have been doing studies that suggest that the presence of open exceptions for technological processes isrelated to investment and growth of local digital technologies. Countries with more open exceptions do better at attracting investments in fields such as software engineering. We cannot have local streaming services without local buffering rights. We cannot have local search, artificial intelligence, machine learning, text and data mining, and internet based translation services without local rights to use whole works for purposes that do not compete with the original.<br />Only a small number of countries around the world provide the clear limitations and exceptions in these areas. And only a small number of countries have robust industries in related fields. But all these services are international by nature, and therefore the lack of harmonization of enabling rights is increasingly perceived as a barrier to trade.<br />As the experts note, the EU has taken a step in the right direction that can serve as a model in this regard – creating a mandatory exception for certain technological uses in the INFOSOC directive.<br />That model is not perfect. Many digital innovations I have mentioned use entire works on a basis that might not be viewed as temporary. Nonetheless, the concept that we need a mandatory exception in this regard to facilitate cross border digital trade is salient, and should guide this committee.<br />Thank you.</p>
<p><em>Note: Source of the statement texts are WIPO's realtime transcription service.</em></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-proposal-for-analysis-of-copyright-related-to-the-digital-environment'>https://cis-india.org/a2k/blogs/34th-sccr-observer-statements-on-proposal-for-analysis-of-copyright-related-to-the-digital-environment</a>
</p>
No publishersinhaCopyrightAccess to KnowledgeWIPO2017-05-30T05:39:22ZBlog Entry