The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 31 to 45.
WIPO 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 ItemJune and July Newsletter
https://cis-india.org/about/newsletters/june-july-2021-newsletter
<b>The newsletter presents the work done in the months of June and July 2021.</b>
<h3>Announcements</h3>
<p style="text-align: justify; ">We are pleased to announce the launch of a <strong>seminar series</strong> to showcase research around digital rights and technology policy, with a focus on the Global South. The CIS seminar series will be a venue for researchers to share works-in-progress, exchange ideas, identify avenues for collaboration, and curate research. It will also seek to mitigate the impact of Covid-19 on research exchange, and foster collaborations among researchers and academics from diverse geographies. For more details on the first session, <strong>on Information Disorders</strong>, and to register, click here: [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/5rYRQ0U6yOrzlX_5e9iqnD_UB7xRMkmO8EVgecX5S9vDUhOLzn5WpJ0OxgmH2vkh7APoOqCGaRVN7fbP4hfGnUPT63lb2O87rMGdk4RE4xpKcYzABQ2MhfjmOr_3FkIJtbxITjKFXrZRVlI-An9WPxyiN-QtsOJjpxV0baaFxLqDmy_TnlrW_FLKnXYXkTNBbxlIifakqN_m9fPpBaaaMJF_KetoeIUtNQIoHYTtcIQhNoelJ8-I28gyVM1-9w61Ew">link</a>]</p>
<p style="text-align: justify; ">We are also hiring for two full time remote positions:</p>
<ul>
<li>Research Associate: Access to Knowledge Programme: Apply by <strong>August 13</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/tn9z7DynIuxWFSSRGmZ50s_HYg65AwLX75HcYf9qBiEJsrkj6teE0WzDGHWCezRU7S0d4Li9WxClerez9wuhwJFHRpki4ynQYqrFoAh7dKnqJKulAW_7VyZIrgxsBri_sYFlGanbqT0IW-9HdYDbVbqyjvgAUl06_OlaHwOMDzO833kR5cT3BwaLUSDOhZqfFvwVNZav-DBH1q9Kr9bWXdtPe_g_wDm-PW3lMxudyF7SKkCLrGceKAec1QiU">link</a>]</li>
<li>Communication Designer: Apply by <strong>August 20</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/lskNSP_MjDCNYOT2PmiuZiGB29gga3crwxuXyJYEF8rdPYDDerNnNYnnCV-GG8rdnyqkxU4eJofgQXU1-iS2IPRRGRRtBXXEaUSVB3mioQNSRwwIecWmm2TIFkfi2fAL7grkxRKKKAX2PG87TiWk8hdmOUqcqtEX9dqbsudTQ3xgmZOio5BOC4GL6mxMzN_9Q5_YzOzZxSZzpT7SMm1J_HASTKNuUktcaESwbMV7PO5sPic41ymaDT8">link</a>]</li>
</ul>
<h3>Cybersecurity, Privacy, and Emerging Technology</h3>
<ol>
<li style="text-align: justify; ">Following the MCA notification <strong>mandating disclosures of crypto currency</strong> holdings by companies, Aryan Gupta, in an issue brief, discusses the policy landscape in the United States of America, United Kingdom, and Japan with particular emphasis upon <strong>definition, accounting practices, and taxation, with respect to crypto currencies.</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/IapPj_hXCzk7v6Hf21yy36-Sz8hRKHv8zkjWHYoTB7Tu5pnKDAw25QMx5zjerDAadU3BAHF2npDH_q9m81nhsGEbEBQqfWIksFuU7FqAIoREOxap2dkrtGy-X49B1okL_K-zz4zOgG1nyg6ct03r-xSZw_C94Cc8MzubQ2tzmsZjEYGRlxHywlK8a7988SepnX7wbWd2aDt6rhgDNxSBU6AJh3DeygvFctc-wWW9F-Q5e81ADlC9Xei9IoYdHlJrbvOMikdM2WlvJLzb0vnVlDJqd_7x4B7_XdshOYFQ4YRljV4O">link</a>]</li>
<li style="text-align: justify; ">We submitted comments in response to the Supreme Court E-committee’s draft vision document of <strong>phase III of the E-courts project</strong>. Aman Nair, Arinjay Vyas, Pallavi Bedi and Garima Saxena submitted their general comments and recommendations, and comparatively analysed the <strong>integration of digital technology into the judiciary in both South Asia and Africa</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/a-ADiN4WA0-BN9-GzZs_TH-rDZ6m1ii-4HzEzLfXdwVXmGyrIYBcuU7EMPd865oDaqEYSihJoqjxTyuC4usIwryJorATCH47YWEUlUAXce8b2TudJcdAsWryfDvls0WhJFQ9TTw4Bt5ZPfdDmToylNX9ECLuOvO851uSycsDHetWiQhQXaDELUcbQKXBZEbhxtFos2ugg4PHwLXNhwM9iKMb1Q-4OuONy6YcnpFcB3fVUeLvWVp4aBEngQVUnvfLfeVdMvGWNoDk">link</a>]</li>
<li style="text-align: justify; ">Google’s new Privacy Sandbox platform promises to <strong>preserve anonymity when serving tailored advertising</strong>. But does this new framework help users in any way? Maria Jawed’s analysis reveals that Google’s gambit to <strong>reorient the ad-tech ecosystem under the garb of privacy</strong>, ultimately ends up undermining it. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/pwRhJ3bFqQSxSMBZ-qNYKO59aoQ95F8ro9x-8vBy2QDQiBpNFb-qLH4I8Ph-o65OT_bJnNcMoJzFBig6nxqFFcT7qtvR0b6bakvkH4pQRJalgbpLCylKEblBaFkiAudZPamJaz7XIeQ3mMQNQcnk9jxhjGW4yu6YFB8-h_G4nYcZg9lJCj35EZMG-bdl79YR6VEUb9jVxmNFoDXuTiUBCHjeSqP8yqPgHS40nzZgSqD7JMoGiSPT6G7K1xwQUBQLKzlCjKGGoaioxOOWS7qw8BrAQtuKIc4xxRvos-IkyJUA0g1W8wUqjNK7NvYR">link</a>]</li>
<li style="text-align: justify; ">Pandemic technology is taking a toll on data privacy, especially in the absence of any legal framework; these tools are being used for purposes beyond managing the pandemic. In an article published in the <i>Deccan Herald</i>, Aman Nair and Pallavi Bedi argue that <strong>India’s digital response to the pandemic</strong> has stoked concerns that surveillance could pose threats to the privacy of the personal data collected. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/Aye_SwuSiE165Jg5KCM8Xlu9VfO971hqjgMyX4Gv278-mjdbOrJ-pT_WYUbbFG0344IvZPu_ZqcvDp0hcVjfGVaWGAhKvBZDinhfhGSD7VvAE53bWwBah-W8vKt_3F0VP70pUKqESr5WztG-fPEOtB94MghogG528WknuMCtyA29jFZg7JvA2Qy1mR4MHAwQq2tJjvzyA_woJHqaQ2zW9at0DVmsSszAoApTe76XUE-ZoPMUtpNXT464bp-CYx1vY0jeFHyECbR6gHkoBNl-h4pwjkz2i9yOaOntXmNuf1kTX2ARhZpiMNjSmnYMf_5K_vEoGzQK0w1N6CuYG9dHLX2l">link</a>]</li>
<li style="text-align: justify; ">In a piece for <i>The Wire</i>, Aman Nair analyses <strong>Tether, a lesser known crypto currency</strong> that is at the heart of a $3 trillion market. Issued by Tether Limited, Tether forms the foundation for modern day crypto trading and could potentially be one of the <strong>biggest schemes in financial history</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/YKCj-XnMRae1xKW-I5Vc2QZ531_WbOyKyzDAaHwXjqatVsRL9KTiy0LW50cP7Thc5zIV1vTZpRlnJuXzfYGNyOH92MtVSacioSMhehA-8TpG62qt1HMjOndXVcukp5TrJ_Z4jhyr_B0qg7hItuk5fJ9-Kw1Hh-SiRjvYGdVX_ZD2dY8NxTfKn4f7GnqP2bzHT3HWNO9yPzA6KfVPSawYFVLyyIf46leO7oJ5SIKyT4MawaPTtu9FDH5nfhMMgdm9YIFYIkuc12ZF8vargG4gMd608s5mt8kg1hpub4d3pi3o">link</a>]</li>
<li style="text-align: justify; ">India has 500 million internet users — over a third of its total population — making it the country with the <strong>second largest number of internet users</strong> after China. With this comes several kinds of digital threats that an average digital consumer in India must regularly contend with. Pranav M.B. attempts to identify the <strong>existing state of digital safety in India</strong>, with a report that maps digital threats in the country. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/7DnN6eodtvhnJdNwrTh3BU4_wJCm2_Ct9eG7-nmis2QkS4qgiiX4--Qa0TTqxqJqUNHmn3xnedwSoNGVRd0smQAgaFGQ1PLpfwVhmYPO4vaXGiF0dkcRjZTHk1W5mCRTZ4CpIx2zKt4yn1WKAy3dIBxa-xnoEQMUY4YrZRqeQr1M_JwHV3KmHWG2J1CgmXUdY13h6bQ9QEDL16a5G-eN6zH8ttyLM2kXF30BnXgkAL11Sl_vZs9AdeR_UoDQJKObf3BEoq8">link</a>]</li>
<li style="text-align: justify; ">Since last year, there have been regular questions around the <strong>anti-competitive practices</strong> of digital platforms. After 46 US states filed an antitrust case against Facebook along with the Federal Trade Commission (FTC) in December 2020, Kamesh Shekar analyzed these developments in a blog post. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/svyv1CoITzbqrsIl54oOKHsVb5xbZsOjr-IIfJndIFs4FbasMTa8xPr308vsVz_owTEDCl52kc-B-8gqND7dedFPmINs25UkG8kwkeYNcktOKUUty9Zms5UqyAXnyBUFkrbccLYTL8X7DtYXy9UCoLj6i9kGiUgJyNR_ePM-32LsWT2dzMRvY3MLjtyTTeWzqv1kPYcud-kpCxX9zMid4KJZIY7fJSLCsCPiXvrcc5RjQ6wO8SxOlNzRwDLztrG9MlWjBAOom4m32Hc3Az86wUcL5h_dTnpcqiHVCjudMiD2Wz9hKAcXbBF-mMlrTS61GXYC3B9PEMLilqy1XdCSLA">link</a>]</li>
<li style="text-align: justify; ">Recently, the Indian government mandated <strong>online messaging providers to enable identification of originators of messages on their platforms</strong>. In an academic paper for the <i>NUJS Law Review</i>, Gurshabad Grover, Tanaya Rajwade and Divyank Katira conduct a legal and constitutional analysis of this ‘traceability’ requirement, how it can be implemented, and how these methods come with serious costs to usability, security, and privacy. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/7VVDI4qoefdH1M0wYht5ypELl3sgVp1Sbz2TM_DsnX0l0o2wb-2Jq0wob7as43ltZn6ZssVx21Kb6WNIz16SwxuNYxLMwFaVL7Yqu-8eX3FzktAgtzePud71Rw38aDqYPUcb7aIzIkcrEgohiTTqr4KBZglu-g5Vc21w3pwXDKyjSXh_jk_8EIqLlZ2GF5ItEZspJwQGD9VzftHVEmz5AdqcK0Zcar_OOU9nGP8JrckN9xehbcAxzJ9V7lbKaLa6fVq_xbwLO2UqdClq7XIpCoUf9EgkKQ">link</a>]</li>
<li style="text-align: justify; ">The National Digital Health Mission: Health Data Management Policy seeks to establish a digital health ecosystem by creating a <strong>unique health identity</strong> (UHID) for every Indian citizen. Pallavi Bedi points out that hasty implementation of the policy without adequate safeguards not only risks the <strong>privacy and security of medical data</strong>, but also undermines trust in the system leading to low uptake. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/I2XtCVqE0YUtaHHNBuG2SqhPciFDA8vAFssL8OFfrAIIw4IF4i0pC5aKw-bZofPUZI2o59tp6OVhScUGULq-yqLWvlZRi8AvmUhsS6gOvkWJJnC3Jpjyu5u2I2wysy-Q4Kt4TAOMgvcyr49ledwzRKHEo0lsRhQdFZ4VJMq10oyuB5bMF0vIWCJ3VqXUrb41hRJI5OUhxzXiGZmznPSy0p-gua0i5SvyeIn-uZTQjOFvdP5He9mT3HSsaw">link</a>]</li>
<li style="text-align: justify; ">In our comments to the proposed amendments to the <strong>Consumer Protection (E-Commerce) Rules, 2020</strong>, our analysis focuses on eight points: Definitions and Registration, Compliance, Data Protection and Surveillance, Flash Sales, Unfair Trade Practices, Jurisdictional Issues with Competition Law, Compliance with International Trade Law and Liabilities of Marketplace E-commerce Entities. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/KsxrVD9CtofFFSJKNnNl4rbZSQJxomJbHYtB6gaF-CJrz6NTc3iLI__BZ3Af7DRwDzklM6bD3o3OU8Z9g2llAOWtrNsQdWfxmaky4BZfyHArp59Ciryun36-inqvCvTtCz4MfM_SxYe7DWZQjbigMwPTuyM1nTjfuZZESbCU0kHL5uxK09aQvMmYUfBPfBjrUuCPSnz1q_SHSOh38kHHRw6JdIuOl-FX_Fu_pSAFCPpBCjmoqiyRpWbgQQw3C8dbSnJ9sMWXbopXwWS99f4vPqMGK6Tn7w6tWJqmQa8hA3wAQsH8wJgl315nOQ">link</a>]</li>
</ol>
<h3>Freedom of Expression, Intermediary Liability and Information Disorders</h3>
<ol>
<li style="text-align: justify; ">The recent “Infodemic” clearly shows that <strong>disinformation costs people’s lives</strong>. CIS, and the Global Disinformation Index have published a report that examines <strong>the risk of disinformation on digital news platforms in India</strong>, creating an index that is intended to serve donors and stakeholders with a neutral assessment of news sites that they can utilise to defund disinformation. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/oAbyvMS6qTJApmJnnokcclFKfhiXT90qwxve7vAzjNgoVJE7zL3znp9z-jVBaY_A_UghvzrqrbzPyQ8MWgNOqFX_zmz-LXX_QXxpTHcJCq0iQbudFAskKA4MQbW9ipPMHHkvCZ4sjD9YJ-f76ZHCOVs8aTp09SRza6UxxFqz2Lf-wyXOBkjjnSojLEnIzg_6Xyg-MV80GnR0MyptpLT6Ox44jMpuKSDNkziRqXdVFv2UiHFPUq5_kQFItEunUPazzjbXiO6aT6InqGhlHTpBpFR1ojSmP1YOtTCl7efQ-b_jHIbk-BBXDoDE4JF-TskvA8NvEln98dD-0ADQRopsvLp9XWDGiQ">link</a>]</li>
<li style="text-align: justify; ">Torsha Sarkar, Gurshabad Grover, Raghav Ahooja, Pallavi Bedi and Divyank Katira examine the legality and constitutionality of the <strong>Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021</strong>, highlighting potential benefits and harms that may arise from the rules, and making recommendations to retain the rules within constitutional bounds, and retain consistency with human rights based approaches to content regulation. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/xeCVOWx8opFVXsJsk8tGp7BqtYUkK2zovJDarS6GLbKTR6VL0JLLSA-ap81tloriYQLLg6Cv1HxAws110HUv2UUabdK0aCbOvdeL2AtTWGD4zL7LEsC1gAIHyvP5DCYWo8flbZwKL0UNrMa-Bp8mmAOPTNTaHHyHjt6SyvidPNrc2nvjuwWNDsgPITp_PBAYDBmfwu02GfVr14URroyiEeqExwha0b0RlSPhrunshSDIXND6-AaBkVuGJ8VdnE-bMD7FHdAa559EsTcyhmnPiIYanR9fmV6UQHb7Q65yD7jENV3-lbzRCkAjki09Qvia1nxacxBIWHb-w3_PlbB7GkJXbl8_qVZHEWhyzTnAxVoGA-je-7W-x-eFOetThpo">link</a>]</li>
<li style="text-align: justify; ">The passage of the <strong>Intermediary Liability Rules, 2021</strong>, has also formalized the legal requirement for the utilization of automated tools in content moderation. In a blog-post for the <i>KU Leuven’s Centre for IT and IP (CITIP) Blog</i>, Shweta Mohandas and Torsha Sarkar analyze the requirement in light of concerns of freedom of expression of Internet users. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/kfCCqzfLNuv79Hdeo_EA2wt5o0LRgortN3TKK_wup26r0wlpxdBW0C-m_IDPDssS9Ie8vuBmq3TrK6Bo0jfGRs1qD89TEU2wzVysBv9kAjUiosw2pXQiNir2ylQAnNBxnwyCe_qibQIf9UOGjlvP8d8iB1XZ1QPqQUl_yHKFDrPUme0OS2EUpis_rSoVy1ZOfH-GGHo7iNYRMcqqjbmCKtfZjmLvWY86v2Zk2EjLPXr8OA">link</a>]</li>
<li style="text-align: justify; ">Our comments to the <strong>Cinematograph (Amendment) Bill, 2021</strong>, authored by Tanvi Apte, Anubha Sinha, and Torsha Sarkar, examine the <strong>constitutionality and legality of the Bill</strong> and whether the proposed amendments are compatible with established constitutional principles, precedents, previous policy positions and existing law. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/Ao1Sghs95JSFnpzMq8bTUYQ0z1F6uZOfg6M2Stt2ceVvCf4b0iB_3f-Yx7uywoASrATvOSS6uPYTVbP8x_JLqoD9QfvjD5soYvlNJBd87FuNyxqAb4wQ8cjOuN7B44pRo65xvX9K29eBGFp7fgv-AD_ok80j4SXnAZ6LrYClxPiHC48fiisVOW7McLfsFpLtUsns1u6MIG_7FMAKNY0GHFxa5xs3lM21mrhkEcC6I7sbimtF0jmOkid5nzYbcOrtQ5ZsvrdxSRllmmOy">link</a>]</li>
<li style="text-align: justify; ">Tanvi Apte and Torsha Sarkar, in a submission to the <strong>Facebook Oversight Board</strong> in Case 2021-008-FB-FBR: Brazil, Health Misinformation and Lockdowns, answer questions set out by the Board which concerned a post made by a Brazilian sub-national health official, and raised questions on <strong>health misinformation and enforcement of Facebook's community standards</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/h-QObkDu8td1bmkfzIEHJlAmS10MohQnXiyqHQKNEnQkEpvkdTxLkKV3yJO7CcTJGDcS0kRQVTDEE8KNbb-551uGYLiaV3wFoxJ9tGnvMBaqvtPgYgxZbnAMOowSxN7gQJTqSOZwzMVQtSbr449f6KC0Bb208ApIh2a8OX_HCRwn2BYpoTvqUfeyFZyp2qoyW5LbeAe9P-JTlFrDaB7oFBXvTHvlJfTRrT6ZeLlkQqA_RqMOga71-sxDIxBo0vvn-9r28DcTePg3p659lJ0CWQMCXiz4tY1p3cLrJgKl3K3fjignnvexZpNwk91paBQ_Bia2DDUxc1Vxmvci1p3AASg3FtYqL5l1">link</a>]</li>
<li style="text-align: justify; ">In an essay for the <i>Indian Journal of Law and Technology (IJLT)</i>, Torsha Sarkar analyzes issues rising out of the recent <strong>litigation between Trump and Twitter</strong>. Torsha examines intermediary liability issues under American law, and draws parallel for India, in light of the ongoing litigation around the suspension of advocate Sanjay Hegde’s Twitter account. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/JxA_S2DzStQUHeEVzf9_Df15_QnK0WHgMEjaaCqNjLmfXPAS4teU_fvrDtG9R4OwwOzWYiAXWPE3QFaxOZvJ5VCHuwincnLyGpYpWME0K5x8CJwyW0vUhC-stExhsSV_5pLmEtfaVyzcGRaXsJ4jGnLWnrADSdYzpPjUTPAb6hKDDL5BBjLjzvRt14_y3_9RNos99UKlpOCv9UFR6gC6cmOQmqte1UICPRw54oI7TUMC8TfPow-JZGmeA8lmMtODPi5dPN91euSX0g">link</a>]</li>
</ol>
<h3>Copyright & Access to Knowledge</h3>
<ol>
<li style="text-align: justify; ">The Indian Parliamentary Standing Committee on Commerce’s report weighs on several aspects of the <strong>Indian IPR system and issues of protection and enforcement</strong>. In a blog post, Anubha Sinha summarily notes the observations and recommendations of the Committee on the Copyright Act, 1957 which stand to impact <strong>access to knowledge</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/20Alo2_Tse_JJBXG7sp9tp3Jf_qIUy2ksAvhoVH4heonMxDYRQK4nweCNF8LP29mpKvznQC8vljEX7TCv-Wb6SQREV5ph4uYOVIgz4wf36MaGTw8T5dkCxjqttA5V1tzNxdpfKi1WqQJKSFJ3o9Eog0uVFhHd3wXaYwiukkD3WHoDeYkOSZR_DYTGlm6nebmtCjaRRhTqwGMPYkZsKxM2td9xO2GBfP-J5R8llhxsrl1MvaUyiRBLIASh1l_KNpvCtlix-3Hot2VozymMTWyPG15W6s">link</a>]</li>
<li style="text-align: justify; ">The 41st edition of the Standing Committee on Copyright and Related Rights (SCCR) organized by the World Intellectual Property Organization (WIPO) was held from 28 June to 1 July. Anubha Sinha participated in the event as a speaker and delivered statements on the <strong>Protection of Broadcasting Organisations</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/VysBbmMrMfJH2U5C8TeeVWtBq8wqBadivgBYyh26sNYegYdfaR4Tg_G6v1FqMgyVD6KAm3Z1tKWm256qR0VlPwGircBtmecePp2_-24cYoFWCoDH5v_5MuytzvKUIHkSlZ4cXN9CtUZ9t-92oeqAe5qm_CDhT0Xu7G5OZKn1_9s56JlL7E9FiWa0U5l2PYeonXi9H026DNWNaOPHQ8nvvYlmvIcTkwvKWQ">link</a>], and on <strong>Limitations and Exceptions</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/TBrEeBXDldm7nDPpsENoKMft-G03I54LhjmedXzSkg1RPImWfwqhCZ7bwXpwsXbIuVvOLd7G0RtA7PgCDKqHKcYjWzHr1K8Dd8oSUYIasd8N_tlEiMedkl8eTmoz5Cm_cLV8NlYLzIbsrHCxZhhPUApqXJprQ39qHf89pyRS2Zcw1HUYW8d-rVWobmlbW4MVr0EvBz0gbWpz3NLbh9W71pVK1VN9j-ge--ine3yx-uSoyel8qUGs0mPqw0NXp0nEUnIP32r3qHvdjzEbz4Ynagm2ww">link</a>]. Readers can access the notes from Day 1 [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/W_H8QjZ4FUv92dhzAdWKRTS508l6DEy7YOb8mnsf-ZzcQeMZe8TCW3XG5Fs7j1BO678zXMJn5jZiXL2eI4ZVNjrE6Sz8XcQs5fJ4z1EZSQTr-vMsaJsroyckdwmtQnOepz5KMLPZl4OnPm6ERcnJGBCVp6v7PZgpxVBGp5PR9Fo4e_TncX2qm_q_aB_e9s3I2vp8PReJJVYoEl53xIqWKkBqXlWk2RbqOQ">link</a>], Day 2 [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/DRaLcVvuB-VfY7fjrVtjA5hPHTFt2KwIt2hsH4mjuuYlzJLCv5r9O3R5-4Rg72Bhvw3kMYaowZuZorJN8DXJjhf5NABvf519ig4SyCsIUri4mXWjDA1lmCHY_Oe1WfTq_VLVxwOb4XYp8VVnKIIcgAg1kseXVSENaugyRZI3otS_IUn_zNwEkw2PdFEojqryYcf5kiEADKQ5sRuVH8WB9pncRKgCvpOfFA">link</a>], and Days 3 & 4 [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/dTkOebRyoXNDfdFetpwM6-mmRSpH7gwM1RL-SJmGMrbF25H9Y4-lo-nQ8HINcrM1eUmX9nqvpmoL26wsIsbAhOJ3MQygMDJpTQc-RNGk07WOUyH4GFUuejBJzsRBkQn44CEDxkcSQBzyLQHGjKakTPDRFszrjnLqD3e9jXfs77ie7wKRazrFjyssNPscxSg8xmrcfv89klVCo-Ts6ApD6nuRi3t0nndX2DAQ_hw_WlYLCgfmyw">link</a>].</li>
<li style="text-align: justify; ">The CIS Access to Knowledge team published a comparative analysis of two prominent Wikimedia initiatives, <strong>Wikipedia Asian Month</strong> and <strong>Project Tiger</strong>, to understand prevailing challenges and opportunities, and strategies to address the same. Nitesh Gill in a two-part report outlines the research questions and methods of this study [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/HZI5YNgRhNViR9DS-ewrTbGX-5PkynXGEMDr5kfCauCk2OYuygd2I3Da7Tp1kyhG1Oboc0MxIelbvOqpVQHHq0JVRgbyEVMPZiTWPhQENwnv_pfOR8KYHZzzLKv7Tc-iFk6qBgCCDSbnwjmA7sfiC3FDHFvqzbEGlMMUIg1XvcRNu6fFBWe2S1W5lsdZD00dY0r-w8o3IkzCSbKwHqJMld7CQvl48lpzGHtKFreKT_MiB33iis0Fehz-nrz7DlT-k2GLTpwScqX4DcHrLjWb7A">link</a>], and then presents some of the observations and learnings [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/bdLNf3_CCDaXpSzzhYF_2ThcU-LuTFb6k6HDcZ_4myjIWm-GlwXcDVQweGpaYjKKt4NmMol-HxoPucMx6w3-HC4QUmPULVJ882x8AMHaRehpgFh9t8cYPB6VPyjXNgcbzjSfOQXE6GpUDhrGYYg6KTmuH6t7F1qlOcoc_qlglL4vz5yCBL8Ri03yfZZVcfheY5Ly5lUb3WSZMpsO1u6n6KaRC_YFemwGu0sWsWgjW-XPRSNAyxHKeGLlUS7eN7wNvx-iLCLb2-VhEtN64QZHaxUd724J8Fg5">link</a>].</li>
</ol>
<h3>Labour and Social Justice</h3>
<ol>
<li style="text-align: justify; ">In a flagship report on <strong>domestic and care workers on digital platforms</strong>, Aayush Rathi and Ambika Tandon argue that digital platforms are complicit in discriminating against workers on the basis of their identities, and that domestic workers continue to remain in precarious positions without any legal recognition or support. This work was jointly authored between the Centre for Internet and Society and the Domestic Workers’ Rights Union. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/sm3NIXtD7ClOE3mjbw6fg2ZvZB0TI3dh6rnb4vb6Hv0Ev_VwikRY-XOESwuw3-Gfglvi7OHT5l-PthXPf2rn3UDbiRRE3jaRzidnzl5uPs6ZqdtktRRVINgR3CCtZ-grN_QKqZN9KefjfMYgB7klWARTLAkZbSsKmoyrLiIZ0XMVXkYWu_F1do2eH73g_cTDDyKJiQiq9wWsbLzwjsEWoZ1uR0H2wqUp1ZOfkEyfkTbU0YojEnLVenrB-X7HDp812pjRMqHbw1qAskYpol6w_Tca">link</a>]</li>
<li style="text-align: justify; ">The ongoing pandemic has raised very valid questions of <strong>access and infrastructure in India</strong>, especially during a time when the Internet and digital technologies are essential, and in many ways the ‘new normal’. P.P. Sneha and Anasuya Sengupta write in <i>Seminar Magazine</i>, outlining some key <strong>challenges in digitalisation and representation of non-dominant/marginalised languages</strong> on the Internet, through reflections on two recent projects related to languages and the Internet. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/iWhSEkwBqINHVVX-zy-cEtFRkWyCSoGeumeW2KNYU8gylOUgjNWiIceMev9vAcoTdrNvCoBtuZKcHSmrG3oEZ5Wypr7VRmrecPMNbuxUDoIF4FJGIlzAPeQ8dpdyeeHeQqANiU3oUN2xKTpRQ5Tin8PUoWRfMm5YXh_iougUbkun-Tq6NSjRkmvbiWXeZyphO9R44QWTrxDm2wWOdlCh2reGxocxbpNMzDPlGmxnA18sMsFi73SksnR9lQh76ylSM2iIYr3ptZk61DznsmUdfr0BK-GQL7HcD4M">link</a>]</li>
<li style="text-align: justify; ">With the onset of the national lockdown on 24th March 2020 in response to the outbreak of COVID-19, the fate of millions of migrant workers was left uncertain. In addition, lack of enumeration and registration of migrant workers became a major obstacle for all state governments and the Central Government to channelize relief and welfare measures. Ankan Barman compiled a report to <strong>qualitatively assess health conditions of migrant workers and access to welfare</strong> during the first COVID-19 lockdown, in three host-states, Tamil Nadu, Maharashtra and Haryana. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/hU5-1FD3nbo69KurjQmXES36QSFtRZSHr4FuCzsscEMQOUOZD523Cc-iKliMQQWvm7AFZQ2JJtrcPhNeqoAS7ASS2X0_c9D3D_yvS9IuqLpt_xHpSUdVxnh85ZSVlSr07zj4mucQogJy6c2ZHw6zgQAmLQGkcl4xr__txUaycSpVKrqmHcBb3RBw2YkBTvxRfFnll2FcPmmfFYhGf1_SGM1baLyoZscYZ96h-AB1tHzg4Lao2KfFIhJ-RxHtC67r1nytTWNCRy8pY4QWmx2g-kBw0EAD4vl94LmPX10tdqmvBreDz3xxfN4o9h0OHfEzZARXb2dQFnHltqvRjPq5msyzW69oXuZZsDs0pcS6yYA">link</a>]</li>
<li style="text-align: justify; ">Between July to November 2019, Indian Federation of App-based Transport Workers (IFAT) and International Transport Workers’ Federation (ITF) conducted 2,128 surveys across six major cities: Bengaluru, Chennai, Delhi NCR, Hyderabad, Jaipur, and Lucknow, to determine the occupational health and safety of app-based transport workers. Findings from the survey have been compiled as a report which <strong>reveals the complete absence of social security and protection of workers in a digital platform economy.</strong> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/J4FjrBD647MV8lneM-mPFxr7IWwYeETEgk17OI3lDkqNVRmfoRqhmAs1CqZXDQx-MyEntGeO7vOMUu6lslvGQbMg4Pp6Gvpz7GaUrXiOXti7YGBNPHMzLCP3BsDeYstDOYNs6Rry3eMUvPI-mV1kh6aNGWf_WlBXjwoevFZdwmt660vTJbRaUGuI1Cc45TFmp3ur5qDJNg3vaTXElkuEvo7Dz9rPcEHOTDNy-k2LW3cX9mOB_QNC5yt4sy0CCWvf-2yHAYa_2j6pVmVx2PwbbSrfMfSdK0-WL1PSZpcAHlqcRVU05C5Js__byzmLjmWUKO-kMbw">link</a>]</li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/june-july-2021-newsletter'>https://cis-india.org/about/newsletters/june-july-2021-newsletter</a>
</p>
No publisherpranavInternet GovernanceResearchers at WorkCopyrightAccess to Knowledge2021-08-10T15:57:16ZPage34th 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 EntryEntertainment industry and Internet piracy in focus
https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus
<b>The first-of-its-kind initiative by the anti-piracy cell of the Kerala Police to register cases against 1,010 Internet users for uploading or downloading the Malayalam film Bachelor Party has sparked a debate between social media experts and legal puritans on what the law actually says.</b>
<hr />
<p class="body" style="text-align: justify; ">Krishnadas Rajagopal's article was <a class="external-link" href="http://www.thehindu.com/news/states/kerala/article3904909.ece">published</a> in the Hindu on September 17, 2012. Pranesh Prakash and Prashant Iyengar are quoted.</p>
<hr />
<p class="body" style="text-align: justify; ">Internet users and anti-monopoly advocates say the police action against movie downloaders is “questionable.” They argue how the Copyright Act, 1957, has given wide exception to those who disseminate copyright works for “personal and private use.”</p>
<p class="body" style="text-align: justify; ">Legal puritans, on the other hand, quote the same 1957 law and the Information Technology (IT) Act, 2000, to argue that the State police have not done anything wrong.</p>
<p class="body" style="text-align: justify; ">They say the act of uploading and downloading a copyrighted cinematographic work amounts to publishing and transmitting it, respectively.</p>
<p class="body" style="text-align: justify; ">They cite Section 66 of the IT Act, 2000, that says a “hacker,” if found guilty, can get three years’ imprisonment, a fine up to Rs.2 lakh, or even both.</p>
<p class="body" style="text-align: justify; ">That’s not all. Section 43 of the same statute prescribes that a “hacker” may have to cough up Rs.1 crore in compensation in case of “damage to the computer system.”</p>
<p><b>Middle line</b></p>
<p style="text-align: justify; ">Some others draw the middle line about the police’s drive. They say that though downloading is as illegal as buying a pirated CD from the market and “ignorance of law is no excuse to escape prosecution under an existing law,” the sheer magnitude of registering mass cases against downloaders, probably on a global scale, is impractical.</p>
<p style="text-align: justify; ">“It is questionable whether downloading for personal use by itself constitutes an offence under the Copyright Act, 1957. The Act has created a wide exception for personal and private use,” says Pranesh Prakash, programme manager for Access to Knowledge, Openness, Internet Governance and Freedom of Speech at The Centre for Internet and Society in Bangalore.</p>
<p style="text-align: justify; ">The usage “personal and private use” in the Act can be better understood in the contrast — that is, downloading without any intention to “disseminate the cinematographic work to a community you are not provisionally associated to.”</p>
<p><b>Legislative intent</b></p>
<p style="text-align: justify; ">Prashant Iyengar, Assistant Professor and Assistant Director, Centre for Intellectual Property Rights Studies, Jindal Global Law School, says the legislative intent behind the wide exceptions given to dissemination of work in the 1957 law is actually strengthening the public domain.</p>
<p style="text-align: justify; ">“In India under the Copyright Act, we have a robust regime of fair dealing rights to ensure that information cannot be monopolised at the expense of the public’s access to information,” he says.</p>
<p style="text-align: justify; ">He refers to Section 52 of the Act that allows reproduction of literary, artistic, musical, and dramatic works for research and private uses without any “quantitative restriction” on the amount that may be copied. “However, cinematographic works do not fall under this exception,” he says.</p>
<p style="text-align: justify; ">Under Section 51, a single copy of a cinematographic work could be “imported” to India for personal and domestic use. This would not amount to copyright infringement.</p>
<p style="text-align: justify; ">“But it is currently unsettled in law whether Section 51 would protect users downloading movies for their personal use. On the other hand, if you receive a copy of a movie CD by post, this section would clearly apply,” Mr. Iyengar says.</p>
<p style="text-align: justify; ">Pavan Duggal, senior Supreme Court lawyer specialising in cyber laws, differs in his opinion. As far as he is concerned, the law is clear against copyright infringement.</p>
<p style="text-align: justify; ">He says unauthorised downloading of movies also attracts action under the IT Act, 2000. “The legal perspective is that when you upload a pirated copy, you are doing an act of publishing and when you click the ‘download’ button, you are transmitting data in an electronic format for the purpose of diminishing the value of electronic information,” he says.</p>
<p style="text-align: justify; ">“The Kerala Police have not done anything fundamentally wrong by registering cases against uploaders and downloaders. When I am creating a film, I have copyright to both cinematic and electronic versions. In case of infringement, I can act by suing for damages, injunction, in addition to exposing the person to criminal liability under the Copyright Act,” Mr. Duggal says.</p>
<p style="text-align: justify; ">However, Mr. Iyengar vehemently counters the point. He asks a “pertinent” question — how the Kerala Police conducted their probe and how the Internet Protocol addresses were obtained when Internet service providers have strict privacy obligations against disclosure of any such details, except to government authorities.</p>
<p style="text-align: justify; ">“In this case, one hears that a private investigation firm called ‘Jadoo Infotech’ was involved in conducting ‘cyber-patrolling,’ which is not authorised by any law. They would be guilty of the digital equivalent offence of ‘lurking house trespass’,” Mr. Iyengar says.</p>
<p style="text-align: justify; ">But Nandagopal Rajan, an associate editor with a technology magazine in Delhi, has a simple logic grounded in law.</p>
<p>“Anybody who is downloading illegally cannot seek protection. You are actually doing something illegal. On the flip side, how many people can you prosecute?” he asked.</p>
<p>
For more details visit <a href='https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus'>https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus</a>
</p>
No publisherpraskrishnaPiracyCopyrightAccess to Knowledge2012-09-17T10:00:54ZNews ItemMaharashtra's Copyright Policy Makes Education Unaffordable
https://cis-india.org/a2k/blogs/asia-times-june-20-anubha-sinha-maharastras-copyright-policy-makes-education-unaffordable
<b>In an alarming development for Indian students, Balbharati – the Maharashtra state bureau of textbook production and curriculum research – has issued a copyright policy that forces all publishers, digital educational-content creators, and coaching classes to obtain expensive licenses for developing material directly or indirectly relating to Balbharati’s content.</b>
<p>The article was <a class="external-link" href="http://www.atimes.com/maharashtras-copyright-policy-makes-education-unaffordable/">published in Asia Times</a> on June 20, 2018.</p>
<hr />
<p>The stated object of the policy is to prevent commercialization of Balbharati’s physical and digital material.</p>
<p style="text-align: justify; "><a href="http://ebalbharati.in/main/publicHome.aspx">Balbharati</a> is responsible for setting curriculum and content for Classes 1-10, which is followed by Maharashtra state board schools. It is estimated that that <a href="https://www.hindustantimes.com/mumbai-news/number-of-private-unaided-schools-in-maharashtra-double-in-four-years/story-0066HyTQBPlgQg3NzlX57L.html">around 85,000 schools in Maharashtra</a> follow Balbharati’s prescribed content and syllabus, and the policy is set to affect students’ access to affordable supplementary material in state board schools, especially – most of which belong to the vernacular-rural section of society.</p>
<p style="text-align: justify; ">The government faced a backlash from various groups after the policy was released last week.</p>
<p style="text-align: justify; "><a href="http://www.dnaindia.com/mumbai/report-balbharti-policy-leaves-private-publishers-in-the-lurch-2622487">Parents have expressed serious concerns</a> about the impending increase in the prices of educational material; publisher groups have already <a href="https://timesofindia.indiatimes.com/city/pune/balbharati-text-bureau-tweaks-licence-fee-rule-for-tutorials/articleshow/64620428.cms">declared</a> that the burden will be passed on to students. Some booksellers have <a href="http://www.dnaindia.com/mumbai/report-balbharti-policy-leaves-private-publishers-in-the-lurch-2622487">stopped selling </a>material altogether until the issue is resolved.</p>
<p style="text-align: justify; "><a href="https://www.hindustantimes.com/pune-news/private-publishers-seek-cm-s-help-to-address-balbharati-copyright-fee/story-w9PzOfxj1ouAgMyJlSTorM.html">Digital and print publishers</a>, booksellers and <a href="http://www.printweek.in/news/publishers-unhappy-balbharati-registration-rules-29712">coaching classes</a> are the ones directly affected, apart from the students, some of whom have lodged appeals with the state education minister, Vinod Tawde, to roll back the policy. Faced with the ire of multiple groups, the state government <a href="https://timesofindia.indiatimes.com/city/pune/balbharati-text-bureau-tweaks-licence-fee-rule-for-tutorials/articleshow/64620428.cms">released a revised policy</a> with a new license-fee structure. The new structure is based on “Balbharati Specific Turnover” slabs (defined as turnover of an entity from Balbharati related content), which depends on the nature of content produced – physical, digital, or tuition classes content.</p>
<p style="text-align: justify; ">A license is required of any person involved in the business of developing educational material such as guides, reference books, questions or tests, chapter summaries, model practice question papers, interactive digital content and software, with fees chargeable on a per subject, per medium, per grade basis.</p>
<p style="text-align: justify; ">The revisions to the policy only allow for a reduction in licensing fees, and it is likely that the government is still in ignorance of serious legal defects in it. Drafted with support from global consulting firm KPMG, the policy uses copyright as an instrument to justify the collection of license fees by making two fallacious assumptions: first, that all material produced by Balbharati is copyrightable; and second, that any dealing in Balbharati’s material, directly or indirectly, amounts to copyright infringement.</p>
<p style="text-align: justify; ">For example, the <a href="http://cart.ebalbharati.in/BalBooks/pdfs/1003030024.pdf">English Kumarbharati</a> for Class 10 uses Tagore’s historic poem “Where the mind is held without fear…,” which is a work in the public domain now, and then proceeds to provide certain academic exercises for the reader.</p>
<p style="text-align: justify; ">Similarly, for science and mathematics syllabi, where basic facts and fundamental principles are provided and explained, is the Maharashtra government trying to establish copyright over such material, implying that this is creative material that has been developed by Balbharati’s staff?</p>
<p style="text-align: justify; ">Much of the content in Balbharati books deals with subjects that have been known to mankind for hundreds of years. Copyright law protects only expression of ideas, and not the ideas per se. Any supplementary material developed by another publisher over Balbharati’s syllabi should not amount to infringement, provided it is not a substantial copy-paste of Balbharati’s own expression in the books – and this is a conservative view of the scenario.</p>
<h3 style="text-align: justify; ">Indian copyright law</h3>
<p style="text-align: justify; ">In fact, the Indian Supreme Court in the <a href="http://www.ebc-india.com/downloads/ebc_v_modak.pdf">Eastern Book Company vs Modak</a> (2008) case held that, “to establish copyright, the creativity standard applied is not that something must be novel or non-obvious, but some amount of creativity in the work to claim a copyright is required. Selection and arrangement can be viewed as typical and at best result of the labor, skill and investment of capital lacking even minimal creativity, which does not as a whole display sufficient originality so as to amount to an original work of the author.</p>
<p style="text-align: justify; ">“To claim copyright, there must be some substantive variation and not just a trivial variation, not the variation of the type where limited ways of expression available and author selects one of them.”</p>
<p style="text-align: justify; ">Thus the policy fails to appreciate fundamental developments in Indian law and places a barrier to creation of all kinds of educational material – without distinguishing between various kinds of supplementary material and showing precisely as to what nature and quantum of use as per Balbharati would qualify as infringing.</p>
<p style="text-align: justify; ">Interestingly, the previous version of the policy contained an FAQ (frequently asked questions) section that elaborated principles of copyright law. However, this section has been removed in the latest version. In any case, the FAQs presented incomplete explanations of Indian copyright jurisprudence, making references to outdated case law.</p>
<p style="text-align: justify; ">As noted earlier, publishers and digital content development companies are already suffering from the ramifications. In places where the quality of classroom teaching and learning is sub-par, it is unacceptable to deprive students access to <a href="https://timesofindia.indiatimes.com/city/mumbai/costly-balbharati-licences-may-not-have-any-takers/articleshow/64361276.cms">affordable</a> guides, reference books, digital content, and so on by unreasonably deeming indirect usage of Balbharati’s content as infringing activity.</p>
<p style="text-align: justify; ">Given India’s socio-economic conditions, it would be fatal to implement policies that seek to create a self-serving market of educational licenses for the state, very much at the expense of ensuring quality and affordable education. At the very least, the Maharashtra government should have conducted a proper public-consultation exercise before arriving at such a policy that stands to affect students and other stakeholders in the education system adversely.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/asia-times-june-20-anubha-sinha-maharastras-copyright-policy-makes-education-unaffordable'>https://cis-india.org/a2k/blogs/asia-times-june-20-anubha-sinha-maharastras-copyright-policy-makes-education-unaffordable</a>
</p>
No publishersinhaCopyrightAccess to Knowledge2018-06-26T14:22:30ZBlog EntryMarch - May Newsletter
https://cis-india.org/about/newsletters/march-may-2021-newsletter
<b></b>
<h3>Cybersecurity, and Emerging Technology</h3>
<ol>
<li><strong>Doctrinal clarity</strong> and <strong>institutional coherence</strong> are essential for a robust cybersecurity posture. Arindrajit Basu and Pranesh Prakash analyze this in an opinion piece in <em>The Hindu</em>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/mkAIQo7C4IZmt9JYL5DoADKYnQqxm9fka-gdBSvoA81rsg6GEgy07tjzn0qNQvz4PxT4dYB5ZeNQ1Bbi1ubYUR0z6z8dy3e5FK9grxNzzgZSO0IUwVPm8behwp6dBjhS3_xc9_d4Bz234TH-U0qMpqF9sJzKUGtQ7MZi0hnzsUaVhsA2VGsqoSC3xrrr1cD9ZX8AlcPmIR3uj5moIhV9EfHcU2EHOQqhu6OCGcfuUBS-tgGe1iBvbOikAjEWMJin4Q61Rd8p31vaLtqTwVe2uw">link</a>]</li>
<li style="text-align: justify; ">U.S. and Indian decisions about <strong>Huawei</strong> have implications not just for their separate relations with China, but the <strong>U.S.-India bilateral</strong> as well. Arindrajit Basu and Justin Sherman co-authored an article in <em>The Diplomat</em> examining Huawei’s role in India [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/M0GGHsg5EtZWdtPNqwbeCiMiN7elnvi6aLYTpAVn0gw7se-z20XDgj6jfb79INZxyFmGtDXDcD0pf_RfRo3K_RyXEav9HKy_gV1G8nDVPhoN8Kp2G9-NLUeUCXxW6WYbiyyWDZdKwxzd4PsyoxybVKoJ9XH7JhsVFDPhN0ySqc8Mi6MD0zq8q_CRT9dDkdCC2queRjZdcOr4eoC8YPjU-LVpaxJGge0rOaPrYmM3oe__OoIjvA">link</a>]</li>
<li>In an article for <em>The Wire</em>, Aman Nair points out that India might miss out on <strong>NFT (non-fungible tokens)</strong> which is set to become a mainstay in the modern digital zeitgeist. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/wKv_Gt32QSHdLE3-ykqX_8DMhA2QohVdjXJn-C65rBN_0nsI9LCIhp3WrANkb-8cDzw1rSkKGrJ0gyPwV_p9aqBIOu3ioMRLjQmVdwMwcVH6nVHELvDJiebOfI5HgW0DS2jvjYUGiFNuBE4y5k7D6hcdEnmRXZ0cGaM-VT0qPJcw28gDhe7eJcg_rmvGhHbJBm_h0VnZfNJyjqZ8CFoiIU0z3QaGDqk16_gOlCYYR98VTEehLBYUs8ymz6Fggw">link</a>]</li>
<li>Arindrajit Basu and Andre Barrinha co-wrote for the <em>EU Cyber Direct</em>, <strong>on outer space diplomacy in the 1960s</strong> and why cyber (security) diplomacy isn’t quite progressing as well or as fast. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/Ud7YZJn5YKOmIROHOUMyLVB-69aNwlb-FParRXYStS_vdQ3SDwErMwxNQlu8iFNnUlSI5lejtsIHgERXyVY3xzTjRGyNP9_sR-uAyfxusTZlSMU3qNs5OPlSJfRErWBEkj_TiT2y1QQwZH8brbn6P8H4S1rDBX1QFICDOe5HjYF2GOdrgzwA1vaeJB6YrFcn2BUNmpsDD4f0mKwcYkCVVFCYgOtbj1-59CoswRfSqgA">link</a>]</li>
<li style="text-align: justify; ">Arindrajit Basu, Irene Poetranto and Justin Lau co-wrote an article for <em>Carnegie Endowment for International Peace</em> which captures some <strong>concerns with the United Nations OEWG process</strong> dealing with cyber norms and the absence of discussion at the forum on key issues. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/G-0Ok05_UomEqWTkmsuUXGq9V-i2zMa0ul5zzkfLKC8Rj5rCGsl12lrJl7tfGzORBxTOYoVPoLUlHF_KaD2z05TyeW3cQDqaxvlhUDxfr2Z9n64Lbe1_p8FYKFvLXrsNVAoEbxsCbOncqzkKgVebcxHe_HF5Murx9aVk6Ps9ik34I4Sj3y26-_Nj98iLwMPZO0rs8hYNZbvsjcUbyGxm6G5xlfjakhy-UsjioXEGdz7zQdV6O_FCG1BoP1Rvm8fPxvdK1JEbGkedHgwk9ENn9na2J6I">link</a>]</li>
<li style="text-align: justify; ">In an article for the <em>Observer Research Foundation</em>, Arindrajit Basu writes about how India must avoid getting its <strong>data policy</strong> caught up in tired existing machinations and instead forge <strong>a new path that prioritizes Indian strategic interests</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/eZHdtXVJIePupyeXaX8RUlkusvtOgHe4VHCDeiVpkTS0P4ji1lGib5cqvQX0nGf5iIx6vb52mwWtd9Z5G5z71_dGvd89c5xn2JyZ-f9cdOWTAsHKRwxo_Tk2Kp7Dfb4JEi4r2Sd5r3dHPc3YmRMYLseDLnESCpmxnPkbX5y1sMitN5OUu4x1ydiYZxfB3FKVZjnnXSCAmB2yPWS7pL4cGcVWpJ1PqBoqPAvvs_Ofqyg58K7inxfax-5tIPk5wyLsEARP92qYgPo">link</a>]</li>
<li style="text-align: justify; ">Aman Nair, Arinjay Vyas, Pallavi Bedi, and Garima Saxena authored a <strong>response to the Supreme Court E-committee’s draft vision document of phase III of the E-courts project</strong>. This response recommends consideration be given to the digital and gender divide, and lack of clarity in the document on several data-related aspects. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/eLr3hXFonL5hfAUH5ux5zoQcTrY2PxRDO9kflkNqtcUObBbYWm-vqp7v4Ex0g_o7YtCokB315adj-1k_QwDebJ1k9G626m1MGuTYmlfKdwSVl7mYsfna4Dy96z8Eb7iJ7gtcZZF8s5JQCGN1ux3PiYvgDrxbs3MeXeZizpIZsm9OsPvCGzvC5HbxkhfdFG2B6853ajax3xofJRcucZ2Jc1AFEg5iAVrwiopY0SFIb99XHRESaUFEP9KYNs2bC1nAXaAW4AU7OPG_">link</a>]</li>
</ol>
<h3>Privacy</h3>
<ol>
<li style="text-align: justify; ">The proposed <i>Personal Data Protection Bill, 2019</i> is being deliberated by the Joint Parliamentary Committee and is expected to be tabled in the Monsoon Session of Parliament. Pallavi Bedi and Amber Sinha co-authored a white paper to examine the <strong>personal data implications on welfare delivery models in India</strong> and to suggest ways to operationalise key provisions. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/_Gjo4q_RVbTa0sA8X1FOhYiB4McMtr_8JgcG33Uf9nXIX9VsXvDxzVvYABfOz-DyVN14iCoyotGqfkjezyNjJFt4RsiYkw6m0UFNhGd9NYLj3fkrn8IfKwI3YJtO9-FrkgMxcCOTc1PdedlPXPGO2cafHCYUaLhHNMXIepnX2L2KC-mG_-l0Fjx5m-GvmP6GcXg1eyOyNZjrCL8eFWzyCT9XVDv8afLm2D3F0l-28tz-MwSJRRqc4vIjV0PCykM6NXQ">link</a>]</li>
<li style="text-align: justify; ">Shweta Mohandas authored an article for <i>Rajiv Gandhi National University of Law Student Research Review (RSRR)</i><span>. In this article, which forms a part of RSRR’s ‘</span><i>Excerpts from Experts Blog Series</i><span>,’ Shweta examines whether </span><strong>Indian data protection legislation can act as a check on growing workplace surveillance</strong><span>. [</span><a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/5X-z4Ay91QvhUYmdHomWwzdgLp7eCubPpwLyaH1H0MWiyiQfU9PIIQSg2Nshk2mfLJYrb65hiGIj3xyuffXiDnOu9lbwfFsrQCL6D5DnQ9HkvOoZHcq3_Kgf9NVKSAX7tv-aqy00L3jjJtbWbvfaqwnagmdUVSLEP9E7S6s-UTBvO-KCO82DhWELF0Od6dhVrbr0WvVi980IX67IkCiSNaKwpuNwSXuYS9bgD0s">link</a><span>]</span></li>
<li style="text-align: justify; ">Aman Nair and Arindrajit Basu examine the changes in the context of <strong>data sharing between WhatsApp and Facebook as being an anticompetitive action in violation of the Indian Competition Act, 2002</strong><span>. Having previously </span><a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/u35U0gu1I7Y81i6OYu20wN7zgiA4FxKWowVPgk7Gmafn69IJLoZapqrfCSWui33Sh0ntbkPajjtW_p35C3qMoCP5xcrC2dHSO3DX9MZ7uFNbJZ-p_NRBv5bOZ_1jKeH2KYBYohqWlZ83VVG3CDvNl1AK_4xmNrr9L578OragYyJQo2U93bxHbLw1fnLc1CPWqkfZvcmydFo1HGyNBeFpRqiTVn6ytQjyAiUw2Gisx7itlxVHmb_QCuSd0T8nD47U4UBH_i_dg6PN5R4PcjU">examined</a><span> the implications of WhatsApp’s changes to its privacy policy in 2021, this issue brief is the second output of the series examining the effects of the changes. [</span><a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/jOUH-SfgRCjdp9DORlyEL16nnyJ_ogGha0d2DdYJGcRnBOiZt6F3SuhZzZYX8t1umpAtId1_80WNiW3Y6CgGDA-TYQ2hORCBWeOvvoPphGzr0DfCy_6tD8QQMzgb3mCm1GXECkmJM_kTL9kfRrj8GVpe3DHJ7_jX3pKBQx9HHWKqkgftY_8wTG6zCG4J8HZC-1Hv66BsR1didil6DVh-HtetydLcMzlikdBj4bvxTjzFRAoLvsyeBH9PaoDRJuUXTYR5-8BcE8ITu2TyiOyc_ME2kuDJ3DJiE4PDeNHutpTJyuc7lqwp-g">link</a><span>]</span></li>
<li style="text-align: justify; ">In a blog-post, Pallavi Bedi provides recommendations for the <strong>Covid vaccine intelligence network (Co-Win) platform</strong><span>. She says that as a first step it is essential that Co-Win has a separate dedicated privacy policy which conforms to the internationally accepted privacy principles and enumerated in the Personal Data Protection Bill. [</span><a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/o19mW5Vyy3giilmnC_ef5khZu85qA-A3uDr687psJN0UhAkPY43mYt7Jaw7cXwy0NJK7ky9IvnklXsGPIME4bYH2cCVK_NeXEhZK-N6RRRSSDFUG33BpdaFtUD3cqIxrsEV_-ILCXF4SDN3IBmJFKeJDBFZA4bLuUWEzsAhBQbnFcbGuITTNq74cViuBSO-p09OT9-AtzOUgce0Brhta6YmU5iSmpMGW2XWhWTw3ueesRR_8fjDkF7XoLDGCMmkdjvAeyfbCIee0z-30EbUN5sbLzCCHVUHmuYVPzqtLeV8">link</a><span>]</span></li>
</ol>
<h3>Freedom of Expression, and Intermediary Liability</h3>
<ol>
<li style="text-align: justify; ">In February, the Advertising Standards Council of India (ASCI) had issued draft rules for <strong>regulation of digital influencers</strong>, with an aim to <em>“understand the peculiarities of [online] advertisements and the way consumers view them,”</em> as well as to ensure that: <em>“consumers must be able to distinguish when something is being promoted with an intention to influence their opinion or behaviour for an immediate or eventual commercial gain.”</em> Torsha Sarkar and Shweta Mohandas respond with comments and recommendations to the rules. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/nP6_NZer0OIQv_bMG6p9Vzx-uTdYi17sYHl0xdFjMYzEzv9xmTvSG73K8_7sq4J6NPdQ5sNA5eaQvAwMHBrYkAt2mGFF9SLlrCSfNZ3K6rpRyst36jbtHpdD3_Pc9ukKdBW3_lhiGpISLi7H2TBa0BumRk2JV3PFdUBH6R3kk0ywJuvcHeJJWxAsnyydYY2s2_iRpo5Sc0MvHbC8vlDCoI6mtuL0_PC6B2eL0G8wZqbtwYYM2hNO-DfobKXJV16nfGC8GxASmN2FmH07pif0Cn5xSXoeadfmwb-Fox-B03UAn-0THELMM1beVubJWnOAOrPXoA5JIZ7CQe5x3g">link</a>]</li>
</ol>
<h3>Copyright, and Access to Knowledge</h3>
<ol>
<li> Anubha Sinha explains what the draft national science, technology and innovation policy means for <strong>open access to scientific literature</strong> for Indians. This article was published in <em>The Wire Science</em>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/CJjg4ihUvxLz1chJKcO03n5_Ydr9rvEDH_kFGYPs7_aijAvgsioqcqvZU0n41Ly6CNagHY1Upc0-3eCPsdo3GxXWC6baFyPSXImgs7tRy-Tio7TdRDS1qHU9i5YghNVjsoIunFozlrsutZGnXjXNF6Ce04lDrZ0g0dOdBIDt-InCeubeq35RnbIj3Qb2jdf2vwlkcAeyC925K6WeyzPM7sGUAVmMH1wKu9pmN-bgHJfNRodxOWODiF_o5vmu6g25UP6IdunHwUKorudI_0RopdHXBA">link</a>] </li>
<li> In an article published in <em>Info Justice</em>, Anubha Sinha provides a summary of the progress of the <strong>copyright infringement suit against Sci-Hub and LibGen</strong> in India. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/Jg1NJZxuFnR-Srq0Tz1RS3XZZ17cL4JxJFlOY2g12wpoHPIxsc-lW18hjUe7sg309BNiO1i0V_yLGaQsQiAzILlWe2zd3ctx4dTTFvyFbs_Ds1w3W91GNEdoWszaryWzeKs-ZSDZYR1IPZa4ZGXpOrd21RiKK6InuJVXGZRN6WJzmgdBr4ZWre9-NP3AxduZDFnzXrjfCho6iDPhS7CuR8ZW4bFCwkmvCr70-yTDLLkT2DUmkB-caRfvMxukUyr1fjilhp-3vJwEt1gHi0HP-kpyx3wac8mjFxSCbsVg-5AiRMti">link</a>] </li>
</ol>
<h3>Digital Cultures, and Social Justice</h3>
<ol>
<li style="text-align: justify; ">In a research paper, Noopur Raval offers critical historical insights from the fields of international development, anthropology, and postcolonial history to caution against both the possible harms of <strong>gender disaggregated datafication</strong>, as well as the consequences of <strong>non-participatory datafication of women</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/WmB3X2tO_c8hEDCY-QCDD1tTPBIEB7Gt4bFRLY7mNCB3X5sRuV6npbW4eIX8ta-lGod2fia1v8ZTxZurtXczkJQbBg5ckgKRSG3eYKfG9ntQ5qRKVkq12g9YEmZ1eP1raJjh5p5aHQ-0MhUsQafyvBQpzVEdDK9ZJecvYAq3GyD42aSWkS0iQ17sS9WCDchDhFQn20CS7MAEmZm6rM0yymmNBqTHRR7GuKxP3edQqiMTblOufA4mhx62YuIgqn_mRv5uOPqxevVBmTtlTTyMmZihFccK">link</a>]</li>
<li>Kaarika Das, a research scholar at NIEPA and Sravya C, a researcher in the Humanizing Automation project at IIIT Bangalore published <strong>a study on migrants in India's Gig Economy</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/H6Jr3Xykf4-nxghqRxErQtEVs4TH-l3S2LVhiXIisAPDyUCm6fiWyLGCI_V9jrofmSaX7B1sFEjjVvhsqbNcHpKz6_ztX9o6ZMp-BRrke6HgLScE3FYxJKKFhtGyp_w_xUwJu1jybdsltHMKm1oNjRgYm4Z_hbpUTmJlK72raCD6jC7VjvTmuJmIGZLFa1J18o0IoImVO8VLqbV_lUigTVBNQWqZsgl_TyjYf3a6H8oLBlG4fo3jIXAsU5S2aySLzNO9u46C1Zv5g-D3wc6jChAhrMcOtcp2NNeEOJRw_n-nzYNrfVNwwLKdIOY">link</a>]</li>
<li>Sameet Panda and Vipul Kumar wrote a blog for <em>Privacy International</em> pointing the <strong>failures in the digitisation of India’s food security programme</strong> in light of the <strong>exclusion of married women of Odisha</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/czsORnDtqHr4eMfKxD9huAqfK9BfJ_oZWslVsCoG63dJQwSqFhMbQzBgtolMXmsnvl3TuEaSJXOIWWc6z-EcMaMSfZwAZR6Tixu7KVE3u343x0qCePCh6k_Mbyo1ckxpCdq6R4M2f8b-8PdxHsW1OzgIALcgF63n63DmmmP3krIGfTsWj-kO03xSa6lho6qrFDnEQeDW6zuMc8mHf-o34ogIveNxvYoa_gtPEag390DefdFa5not77SmRSLeLd-oAFxkcQ_jrSEiEnyjD9UNdb0COOFbk8KlrD2y7SBM27_5U_oRY1tHFTDIpBT3z4k">link</a>]</li>
<li>Shreya Ghosh, a research scholar at the Centre for Political Studies, Jawaharlal Nehru University, New Delhi authored an article in <em>EPW</em> on <strong>access to welfare and health for women during the initial phase of the pandemic</strong>. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/WrUVPoWi-5LlI7z8_qy9HVtjyDoIgjSdclz7-wdA1OV2tG7GWSuUQ-F31hf1TpaGumhcxYeQJE9vqj1LRYpoKJfaHyCQHx_Dnt8PcNB2eEvQAbtHEdjAZLIu6Pno55XvtCJ33EBRdNRU-tu0Tt8j_lXT_nSChepY18OpIu69PUGNBI7Lsp6pkOo4LXhtUKdImoitU_-lBg1-paVePznLYRWL7bhk5rm_OrIsJPZuKbEnew8kXTwbDvjUgZbD">link</a>]</li>
<li>Ambika Tandon and Aayush Rathi in a research paper, <strong>“Fault lines at the Front lines”</strong> analyze the <strong>changing employment conditions for domestic workers</strong> in the growing platform economies of South and Southeast Asia. By analyzing different platform designs and comparing regulations in <strong>India, Indonesia, Pakistan and Vietnam</strong>, the authors present a thorough picture of the situation for domestic workers in the new economy. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/kPMoaM42DpjpGxHbzGnAXycfRBu9fPzVJ6jQoyePUjDKKV9KMz8HDo8M3h5fDoOFAynoCq8ARyzHdBIkACBBy8eWHRWjcbXslejcnZZIn2LP-BsWh_Sr4FMl2AWDTQktt8tlZAZ2PcTfL_KE1sYJD1d4522v3eLvu_QUX8LCXvuznSIusIe7e_vFu3MNdylOuSIK_-L61Uin8gAEZ-eO4DDwYaE42Uc0">link</a>]</li>
<li>In a blog post published by <em>Ethical Source</em>, Ambika Tandon throws light on <strong>artificial intelligence and allied technologies</strong> that form part of <strong>Industry 4.0</strong> in the future of work. [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/Hrd-w4fWPa8ThFlmr-Zw_-LR96KsoFTBchzDQ8QwDJALcjcwz1fCn49RAws3-xmNATUZIYUaSQT4nJxodQvSgrzlzKXEOdj64Sx8aRvtkyPaolpAml7hSDcczWdPJPaZISxUxCl9S1DHnfujOulrLkdqgEf1xPsWSQk_TQZJU4dOE7Vnqm_pmCnFVs_WLo4yQ2P00Td3VYd78HikHsyLC3yqju4">link</a>]</li>
<li>Ambika Tandon and Aayush Rathi authored a chapter titled <strong>“Care in the Platform Economy: Interrogating the Digital Organisation of Domestic Work in India”</strong> in a book titled <em>“The Gig Economy: Workers and Media in the Age of Convergence.”</em> [<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/-vxAl0-OSphrFabwlh8Ir2yhdE_cYeWryiSavWFOByLbxWzlndVfgl1K0awHZjD1J6LmUbu2OaoCgNKL3Dcozv_hQ9WEi1MeQdSRmT1kKProU_9fJexLKPbw80T69AfzXMtjpfX_6zYPpWohxsh1xxOwK86Vs5S_x73hOG7hhuQxFfy4VF4co0Ls2jX-Wi7-L4pf-SBVBekVFuObAI6dOsUwWyywiSYldGbFbxxPfyVegmZuKMtD4bBycNBw_B__X1IogiPK5fj0851hxFM4eo5Wl2s0dZY37-UhpKL4xS0gLZI9UozMux7JbmzM4jpZT1AAGGCNlYb4DM3_Alf0YHI1KQ">link</a>]</li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/march-may-2021-newsletter'>https://cis-india.org/about/newsletters/march-may-2021-newsletter</a>
</p>
No publisherpranavInternet GovernanceCopyrightAccess to Knowledge2021-08-08T15:45:45ZPageIn a first, Indian Singers Rights' Association distributes royalty
https://cis-india.org/a2k/news/the-news-minute-april-14-2018-first-indian-singers-rights-association-distributes-royalty
<b>While singers say this benefits out of job artistes, the transparency in distribution remains questionable.</b>
<p dir="ltr" style="text-align: justify; ">This info was published by the <a class="external-link" href="https://www.thenewsminute.com/article/first-indian-singers-rights-association-distributes-royalty-79581">News Minute</a> on April 14, 2018.</p>
<hr />
<p dir="ltr" style="text-align: justify; ">In a first, the Indian Singers Rights’ Association (ISRA) distributed Rs 51 lakh in royalties to singers on Friday. The beneficiaries included popular playback singers KS Chitra, P Susheela, KJ Yesudas, SP Balasubrahmanyam and Srinivas.</p>
<p dir="ltr" style="text-align: justify; ">Speaking to The Hindu, ISRA CEO Sanjay Tandon <a href="http://www.thehindu.com/news/national/tamil-nadu/playback-singers-get-royalty-for-first-time/article23531481.ece" target="_blank">said</a>, “This ₹51 lakh royalty money will grow 10 fold if and when radio channels, television channels and mobile companies start paying us. Right now, only IPL teams, amusement parks and few other establishments have paid the royalty money.”</p>
<p dir="ltr" style="text-align: justify; ">Speaking to media persons at the event, singer SP Balasubrahmanyam said, "The government has given a rule saying that royalty should reach the singers as well. This programme is organised to give a part of the shares to singers in South India. This is a good thing to be welcomed.”</p>
<p dir="ltr" style="text-align: justify; ">In March last year, SPB and others were slapped with legal notices by renowned music director Ilaiyaraaja over performing his compositions without his explicit permission and a payment of royalty to him. While this took the singers by surprise, experts had clarified that Ilaiyaraaja was right in asking for royalty as long as he owned the copyright to the music.</p>
<p dir="ltr" style="text-align: justify; ">Speaking to Puthiya Thalaimurai channel, singer Chitra said, "Everyone knows a singer doesn't have pension or anything. After they sing, if the song is a hit, they will get a few shows here and there. We know a lot of people who are struggling to live. This will definitely help them, especially when they are aged and cannot go to work. This royalty will really be useful. We welcome this."</p>
<p dir="ltr" style="text-align: justify; ">Singer Srinivas added, "This is not the case where you give money to someone who already has money. This is for a singer who has disappeared after singing 4- 5 songs. He's probably struggling in a village. When the money reaches him, it is a big thing. If we meet that social responsibility, it would be a success."</p>
<p dir="ltr" style="text-align: justify; ">However, if royalty would go to singers of all ranks remains unclear.</p>
<p dir="ltr" style="text-align: justify; ">In a <a href="https://cis-india.org/a2k/blogs/comparative-transparency-review-of-collective-management-organisations-in-india-uk-usa" target="_blank">transparency review</a> conducted by the Centre for Internet and Society, Bengaluru, that compares the publicly available information on the websites of music collective management organisations(CMOs), ISRA did not <a href="http://isracopyright.com/distribution_scheme.php" target="_blank">detail</a> the “distribution of percentages, nor the administrative cut it seeks to take” as per the Copyright Amendment Act 2012.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/the-news-minute-april-14-2018-first-indian-singers-rights-association-distributes-royalty'>https://cis-india.org/a2k/news/the-news-minute-april-14-2018-first-indian-singers-rights-association-distributes-royalty</a>
</p>
No publisherpraskrishnaCopyrightAccess to Knowledge2018-04-17T14:21:27ZNews Item34th SCCR: CIS Statement on the Discussion on Limitations and Exceptions for Libraries and Archives
https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-discussion-on-limitations-and-exceptions-for-libraries-and-archives
<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 limitations and exceptions for libraries and archives.</b>
<p>Thank you, Mr. Chair.</p>
<p>CIS works on issues of access to knowledge and other digital
rights in India.</p>
<p>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.</p>
<p>
Thank you.</p>
<p> </p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-discussion-on-limitations-and-exceptions-for-libraries-and-archives'>https://cis-india.org/a2k/blogs/34th-sccr-cis-statement-on-the-discussion-on-limitations-and-exceptions-for-libraries-and-archives</a>
</p>
No publishersinhaCopyrightArchivesAccess to KnowledgeWIPO2017-05-15T10:35:36ZBlog EntryFixing Copyright for Education (SCCR34 Side Event)
https://cis-india.org/a2k/news/fixing-copyright-for-education-sccr34-side-event
<b>This event, hosted by Communia, EIFL, Creative Commons, and PIJIP, provided an overview of legal trends and developments concerning education, and presented the reality of education today. Anubha Sinha was a speaker.</b>
<p style="text-align: justify; ">The speakers described legal challenges faced by educators using new technologies, and discussed how copyright limitations and exceptions can be adapted to be fit for education in the digital age. It was held in Geneva as a side event at WIPO’s 34th Standing Committee on Copyright and Related Rights</p>
<p style="text-align: justify; "><i>Speakers:</i></p>
<ul style="text-align: justify; ">
<li><b>Sean Flynn,</b> Program on Information Justice and Intellectual Property, American University Washington College of Law. “Opening User Rights for Educational Uses.” <a href="http://infojustice.org/wp-content/uploads/2017/05/Flynn-Empirical-Research-Impact-of-Copyright-User-Rights-in-Digital-Environment.pptx">Presentation</a> | <a href="http://infojustice.org/survey">Data</a></li>
<li><b>Chichi Umesi,</b> First Secretary, Mission Of Nigeria to the United Nations in Geneva. “The Importance of Education for Developing Countries.”</li>
<li><b>Teresa Nobre,</b> Legal Expert on Copyright, Communia. “Mapping Obstacles to Educational Uses in Europe.” <a href="https://rightcopyright.eu/wp-content/uploads/2017/04/15casesin15countries_FinalReport.pdf">Final report</a> | <a href="https://rightcopyright.eu/wp-content/uploads/2017/04/15casesin15countries_infographics.pdf">Infographic</a> | <a href="http://infojustice.org/wp-content/uploads/2017/05/nobre-15-cases-in-15-countries-WIPO-presentation.pdf">Presentation</a></li>
<li><b>Delia Browne,</b> Education Lead, Creative Commons Australia / Director, National Copyright Unit (Schools and TAFEs) Australia. “Tales from Australian Copyright Law Reform Debate.” <a href="http://infojustice.org/wp-content/uploads/2017/05/Browne-Fix-Copyright-4-Education-An-Australian-Perspective.pptx">Presentation</a> | Background documents: <a href="http://www.smartcopying.edu.au/law-reform/myth-fair-use-would-harm-australian-authors">Myth: Fair use would harm Australian authors</a> | <a href="http://www.smartcopying.edu.au/law-reform/myth-fair-use-decimated-educational-publishing-in-canada">Myth: Fair use decimated educational publishing in Canada</a></li>
<li><b>Anubha Sinha</b>, Centre for Internet and Society – India. “Access to Education Wins in Oxbridge Clash with Indian Photocopier.” <a href="http://cis-india.org/a2k/publications/exceptions-limitations-education">Background document (by Lawrence Laing)</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/fixing-copyright-for-education-sccr34-side-event'>https://cis-india.org/a2k/news/fixing-copyright-for-education-sccr34-side-event</a>
</p>
No publisherpraskrishnaCopyrightAccess to Knowledge2017-06-07T00:48:42ZNews ItemWill the Copyright Law Help the Starving Artist?
https://cis-india.org/news/will-copyright-help-starving-artist
<b>By law, producers are no longer allowed to keep all the royalties to songs, lyrics or other works of arts. Now, these rights will have to be shared with the artist who created them.</b>
<p><a class="external-link" href="http://blogs.wsj.com/indiarealtime/2012/05/28/will-the-copyright-law-help-the-starving-artist/">This article by Margherita Stancati was published in the Wall Street Journal on May 28, 2012</a>. Pranesh Prakash is quoted in this.</p>
<p>"I remember when Ustad Bismillah Khan" – a legendary Indian classical musician – "came to me and said that he did not have money to pay his rent," Indian Human Resources Minister Kapil Sibal <a class="external-link" href="http://www.dnaindia.com/india/report_bollywood-cheers-as-lok-sabha-passes-copyright-bill_1692466">recently told Parliament</a>.</p>
<p>At the time, Mr. Sibal said he solved the problem by writing him a check.</p>
<p>The government hopes that changes introduced to India’s 1957 Copyright Act will allow composers and other artists to do away with such acts of charity. Parliament passed the bill amending the copyright act last week.</p>
<p>By law, producers are no longer allowed to keep all the royalties to songs, lyrics or other works of arts. Now, these rights will have to be shared with the artist who created them.</p>
<p>Earlier, "artists would typically give all the rights to the producer. It was called a work for hire," says Anish Dayal, a Supreme Court lawyer who specializes in media and entertainment legislation.</p>
<p>The <a class="external-link" href="http://164.100.24.219/BillsTexts/RSBillTexts/PassedRajyaSabha/copy-E.pdf">amendments</a> to the act means that "even if they want to give rights to producers, they can’t," adds Mr. Dayal.</p>
<p>The way the law phrases this is a little confusing. An amendment to section 18 of the act says that authors of literary or musical works featured in movies shall "receive royalties to be shared on an equal basis" with others who have copyright over the work (such as producers.) It’s not clear whether "equal basis" means 50% or whether it depends on the number of people with whom the royalties are shared.</p>
<p>The amended law also makes it compulsory for radio and broadcasters to pay royalties every time they air a recording.</p>
<p>The biggest impact of these changes will be on India’s film industry, especially on the lyricists and composers of Bollywood music, who have long lobbied for rights over their work.</p>
<p>Before the amendments were given a green light, <a class="external-link" href="http://www.youtube.com/watch?v=v2_dw7OmS2U&feature=youtu.be">Bollywood lyricist Javed Akhtar described the condition artists worked in as "bonded labor</a>." Recently addressing lawmakers in the upper house of Parliament, where he holds an honorary seat, Mr. Akhtar shared a long list of cases of famed Indian musicians and composers who lived and died in penury. He named Shailendra, a popular 1950s Hindi lyricist, and Omkar Prasad Nayyar, a composer of movie scores.</p>
<p>For Paromita Vohra, a Mumbai-based documentary filmmaker, said changes to the law mark a first step towards making art production “more equal” by giving artists more rights over their work. "It’s about time," says Ms. Vohra, who last year made a <a class="external-link" href="http://blogs.wsj.com/indiarealtime/2011/02/10/the-partners-in-copyright-crime/">film on copyright in the world of art</a>.</p>
<p>"Those who have the money are more powerful than those who make the arts. The act recognizes this, it addresses a power balance," she adds, describing this as a "philosophical change" in the law.</p>
<p>But she says this alone is not enough. "Lawyers are good at circumventing the law," she claims. Still, artists willing to fight for their rights "now have the law to fall back on," she adds.</p>
<p>Stronger labor unions, Ms. Vohra says, would make it easier for artists to make the most of the new legislation. "When that happens, I think the law will be very helpful."</p>
<p>Not all were pleased with the changes on royalties. <a class="external-link" href="http://entertainment.in.msn.com/bollywood/article.aspx?cp-documentid=250070212">Adarsh Gupta of Saregama</a>, a music production company, said the law is "extremely unfair to the film and music industry" and that it paves the way to litigation.</p>
<p>Other changes introduced in the act include tighter regulations on cover versions, including a clause that raises the time period after which covers are legally allowed from two to five years.</p>
<p>Critics say these restrictions are excessive and at odds with art produced in the digital era.</p>
<p>"This ignores present-day realities," Pranesh Prakash of the Centre for Internet & Society wrote in his <a href="https://cis-india.org/a2k/blog/analysis-copyright-amendment-bill-2012" class="external-link">analysis of the amended copyright bill</a>. He used the example of the hit tune Kolaveri Di, which was covered countless times. "The singers and producers of those unlicensed versions could be jailed under the current India Copyright Act, which allows even non-commercial copyright infringers to be put behind bars," he adds.</p>
<p>The act also removes copyright requirements for Braille or for other works of art adapted for people with disabilities.</p>
<p>What the amended law does not include is a clause that many in the <a class="external-link" href="http://blogs.wsj.com/indiarealtime/2011/01/13/is-the-copyright-bill-bad-for-indian-readers/">Indian publishing industry feared may have made them redundant</a>. The proposed amendment would have allowed non-Indian publishing houses distribute their books in India, removing the territorial exclusivity of local publishers. This clause did not make it in the final version of the law.</p>
<p>
For more details visit <a href='https://cis-india.org/news/will-copyright-help-starving-artist'>https://cis-india.org/news/will-copyright-help-starving-artist</a>
</p>
No publisherpraskrishnaCopyrightAccess to Knowledge2012-05-29T03:46:23ZNews ItemRight to Knowledge for Persons with Print Impairment: A Proposal to Amend the Indian Copyright Regime
https://cis-india.org/accessibility/publications/uploads/Case%20for%20Amendment%20of%20Copyright%20Regime%20in%20India%20November%2022-%202009.pdf
<b>This research paper details the need for an amendment of the present provisions of Copyright laws and help enable the print impaired gain access to published works. The paper was submitted to the Ministry of Human Resource and Development in November to appraise it of the needs of the print disabled community. The paper is up for public comments and we welcome your feedback for this ongoing campaign.</b>
<p>
For more details visit <a href='https://cis-india.org/accessibility/publications/uploads/Case%20for%20Amendment%20of%20Copyright%20Regime%20in%20India%20November%2022-%202009.pdf'>https://cis-india.org/accessibility/publications/uploads/Case%20for%20Amendment%20of%20Copyright%20Regime%20in%20India%20November%2022-%202009.pdf</a>
</p>
No publisherpraskrishnaAccessibilityCopyright2009-12-04T10:18:45ZFile