The Centre for Internet and Society
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A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement
<b>The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers. </b>
<div class="visualClear">In its ongoing negotiation for a FTA with the EU, a process that began in 2007 and is expected to end sometime this year, India has won several signicant IP-related concessions. But there remain several IP issues critical to the maintenance of its developing economy, including its robust entrepreneurial environment, that India should contest further before ratifying the treaty. This guide covers the FTA's IP provisions that are within the scope of CIS' policy agenda and on which India has negotiated favorable language, as well as those provisions that it should re-negotiate or oppose.</div>
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<div class="visualClear">Download the guide <a title="A Guide to the Proposed India-European Union FTA" class="internal-link" href="http://www.cis-india.org/a2k/publications/CIS%20Open%20Data%20Case%20Studies%20Proposal.pdf">here</a>, and please feel free to comment below.</div>
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<div class="visualClear">You may also download a <a title="India-EU FTA TRIPS Comparison Chart" class="internal-link" href="http://www.cis-india.org/advocacy/ipr/upload/India-EU_FTA_Chart.odt">chart</a> comparing the language proposed by India and the EU respectively with that included in the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).</div>
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<div class="visualClear">Following is a summary of CIS' findings:</div>
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<ul><li>India has become a de facto leader of developing countries at the WTO, and an India-EU FTA seems likely to provide a model for FTAs between developed and developing states well into the future.</li><li>The EU has proposed articles on reproduction, communication, and broadcasting rights which could seriously undermine India's authority to regulate the use of works under copyright as currently provided for in the Berne Convention, as well as narrowing exceptions and limitations to rights under copyright.</li><li>The EU asserts that copyright includes "copyright in computer programs and in databases," without indicating whether such copyright exceeds that provided for in the Berne Convention. Moreover, by asserting that copyright "includes copyright in computer programs and in databases," the EU has left open the door for the extension of copyright to non-original databases.</li><li>India should explicitly obligate the EU to promote and encourage technology transfer -- an obligation compatible with and derived from TRIPS -- as well as propose a clear definition of technology transfer.</li><li>The EU has demanded India's accession to the WIPO Internet Treaties, the merits of which are currently under debate as India moves towards amending its Copyright Act, as well as several other international treaties that India either does not explicitly enforce or to which it is not a contracting party.</li><li>In general, the EU's provisions would extend terms of protection for material under copyright, within certain constraints, further endangering India's consumer-friendly copyright regime.</li><li>An agreement to establish arrangements between national organizations charged with collecting and distributing royalty payments may obligate such organizations in India collect royalty payments for EU rights holders on the same basis as they do for Indian rights holders, and vice versa in the EU, but more heavily burden India.</li><li>The EU has proposed a series of radical provisions on the enforcement of IPRs that are tailored almost exclusively to serve the interests of rights holders, at the expense of providing safety mechanisms for those accused of infringing or enabling infringers. </li><li>The EU has proposed, under cover of protecting intermediate service providers from liability for infringement by their users, to increase and/or place the burden on such providers of policing user activity.</li></ul>
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<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement'>https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement</a>
</p>
No publishergloverDevelopmentConsumer RightsCopyrightAccess to KnowledgeDiscussionEconomicsAnalysisTechnological Protection MeasuresIntermediary LiabilityinnovationIntellectual Property RightsPatentsPublications2011-08-30T13:06:03ZBlog Entry‘Miracle at Marrakesh’ to help visually impaired read
https://cis-india.org/news/the-hindu-ramya-kannan-june-30-2013-miracle-at-marrakesh-to-help-visually-impaired-read
<b>The treaty will make access to books for the visually impaired, blind and print disabled easier.</b>
<hr />
<p>The article by Ramya Kannan was <a class="external-link" href="http://www.thehindu.com/news/national/miracle-at-marrakesh-to-help-visually-impaired-read/article4864281.ece?homepage=true">published in the Hindu</a> on June 30, 2013. Pranesh Prakash is quoted.</p>
<hr />
<p style="text-align: justify; ">On Friday, in the same city that established the World Trade Organisation nearly two decades ago, another significant treaty was born. In Marrakesh, Morocco, international negotiators signed a treaty that will make access to books for the visually impaired, blind and print disabled easier.</p>
<p style="text-align: justify; ">After a week of intense debate among the negotiators (facilitated by the World Intellectual Property Organisation), the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled emerged.</p>
<p class="body" style="text-align: justify; ">It will address the ‘book famine’ for the visually impaired by “requiring its contracting parties to adopt national law provisions that permit the reproduction, distribution and making available of published works in accessible formats through limitations and exceptions to the rights of copyright right holders.” Very simply, it allows the waiver of copyright restrictions in order for books to be available in formats such as formats such as Braille, large print text and audio books.</p>
<p class="body" style="text-align: justify; ">Pranesh Prakash of the Centre for Internet and Society, in his closing remarks said: “It is historic that today WIPO and its members have collectively recognised in a treaty that copyright isn't just an ‘engine of free expression’ but can pose a significant barrier to access to knowledge.”</p>
<p class="body" style="text-align: justify; ">To recognise that copyright should not frustrate access for some groups of people and thereby to free books from that ‘constraint’ is of immeasurable significance for people otherwise unable to access books in the conventional format.</p>
<p class="body" style="text-align: justify; ">The treaty also provides assurances to authors and publishers that that system will not expose their published works to misuse or distribution to anyone other than the intended beneficiaries. “There are no winners and no losers, this is a treaty for everyone,” said Moroccan Minister of Communications Mustapha Khalfi, going on to describe it as the “Miracle in Marrakesh.”</p>
<p class="body" style="text-align: justify; ">There are an estimated 285 million blind and partially-sighted people in the world, of which the largest percentage lives in India. Only 1 to 7 per cent of all books published are available in formats accessible to them. India’s key campaigner for the treaty, the late Rahul Cherian of Inclusive Planet was full of beans when he spoke to <i>The Hindu</i> in December last year, anticipating the possibility of a treaty half a year later.</p>
<p class="body" style="text-align: justify; ">“It is a breakthrough!” he said excitedly as he broke the news, “The Extraordinary General Assembly of the World Intellectual Property Organisation has referred the Treaty for Visually Impaired Persons to a diplomatic conference in June of 2013.”</p>
<p>
For more details visit <a href='https://cis-india.org/news/the-hindu-ramya-kannan-june-30-2013-miracle-at-marrakesh-to-help-visually-impaired-read'>https://cis-india.org/news/the-hindu-ramya-kannan-june-30-2013-miracle-at-marrakesh-to-help-visually-impaired-read</a>
</p>
No publisherpraskrishnaIntellectual Property RightsCopyrightAccess to KnowledgeWIPO2013-07-02T10:07:28ZNews Item35th SCCR: CIS' Question to Dr. Rostama on her Study on the Impact of the Digital Environment on Copyright Legislation
https://cis-india.org/a2k/blogs/35th-sccr-cis-question-to-dr-rostama-on-her-study-on-the-impact-of-the-digital-environment-on-copyright-legislation
<b>Anubha Sinha, attending the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017, posed this question on the agenda 'Other Matters' on behalf of CIS on Day 5, 17 November, 2017. </b>
<p></p>
<p></p>
<p>Thank you for the presentation, Dr. Rostamma.</p>
<p>My question relates to provisions allowing reverse
engineering of computer programmes. You mentioned that 81% of member states (with the scope of your study)
have exceptions for compilation and interoperability of computer programmes.</p>
<p>Can you comment, qualitatively, on how open/ strict you have
found the limitations and exceptions to be in your study? Is there a member
state that stands out in its treatment of limitations and exceptions for
computer programmers, and/or users of such digital objects?</p>
<p><strong>Answer: I would not like to make any
qualitative comments.</strong></p>
<p> </p>
<p><em>Read Dr. Rostamma's study <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_35/sccr_35_4.pdf">here</a></em>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/35th-sccr-cis-question-to-dr-rostama-on-her-study-on-the-impact-of-the-digital-environment-on-copyright-legislation'>https://cis-india.org/a2k/blogs/35th-sccr-cis-question-to-dr-rostama-on-her-study-on-the-impact-of-the-digital-environment-on-copyright-legislation</a>
</p>
No publishersinhaWIPOCopyrightAccess to KnowledgeLimitations & Exceptions2017-11-19T07:50:49ZBlog Entry35th SCCR: CIS Statement on GRULAC Proposal for Analysis of Copyright in the Digital Environment
https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment
<b>Anubha Sinha, attending the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017, made this statement on the agenda 'Other Matters' on behalf of CIS on Day 5, 17 November, 2017. </b>
<p></p>
<p></p>
<p>We would like to reiterate the importance of GRULAC Proposal
for Analysis of Copyright in the Digital Environment.</p>
<p>The Centre for Internet and Society is a non-profit
organisation in India that undertakes research on internet and digital
technologies from an academic and policy perspective.</p>
<p>In an environment of monopolies controlling the distribution
of digital goods and services, which connect users and creators, such a
comprehensive study assumes significant importance, especially for creators in the
global south.</p>
<p>We are especially concerned with the methods by which platform
intermediaries are enforcing their private IP rules on creators worldwide,
and if there are fair systems in place to address takedown, and the subsequent restoration
of works unfairly taken down from their platforms. It must be noted that there
is a serious lack of transparency as far as the conduct of such intermediaries
go, and often actions are taken without appropriate justification/explanation.</p>
<p>It is equally important that we continue to build on limitations
and exceptions for libraries, museums, archives, educational institutions,
researchers, and users’ in the digital environment.</p>
<p>Thank you.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment'>https://cis-india.org/a2k/blogs/35th-sccr-cis-statement-on-grulac-proposal-for-analysis-of-copyright-in-the-digital-environment</a>
</p>
No publishersinhaWIPOCopyrightAccess to KnowledgeLimitations & Exceptions2017-11-17T10:03:21ZBlog 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 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: 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: 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 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 Entry5th Global Congress On IP And The Public Interest: Successes, Strategies Highlighted
https://cis-india.org/a2k/news/5th-global-congress-on-ip-and-the-public-interest-successes-strategies-highlighted
<b>More than 400 activists, academics and practitioners from over 50 countries gathered at this year’s Global Congress on Intellectual Property and the Public Interest, according to organisers.</b>
<p>The story by David Branigan was published in <a class="external-link" href="http://www.ip-watch.org/2018/10/03/5th-global-congress-ip-public-interest-successes-strategies-highlighted/">Intellectual Property Watch</a> on October 3, 2018.</p>
<hr />
<p style="text-align: justify; ">At the Congress, participants shared success stories, developed strategies, and engaged in critical dialogue to re-think and re-invent intellectual property systems that serve the public interest.</p>
<p style="text-align: justify; ">The <a href="http://www.cvent.com/events/5th-global-congress-on-intellectual-property-and-the-public-interest/event-summary-cf2ca0aa63414d4d9dd9dafed6a09a4c.aspx">5th Global Congress on Intellectual Property and The Public Interest</a> was hosted by American University Washington College of Law in Washington, DC from 27-29 September. The core goal of the Congress, according to the website, is “to promote evidence-based policy-making by fostering partnerships between academics and policy advocates from around the world.”</p>
<p style="text-align: justify; ">The Congress featured three concurrent, but interconnected, tracks centred around copyright user rights, access to medicines, and trade. A list of the many panels, workshops and other events of the Congress can be found in the event <a href="http://www.cvent.com/events/5th-global-congress-on-intellectual-property-and-the-public-interest/agenda-cf2ca0aa63414d4d9dd9dafed6a09a4c.aspx">agenda</a>.</p>
<p style="text-align: justify; ">Key themes that emerged from the plenary sessions of the Congress include the need to take a critical look at the association between intellectual property and development, the important roles that both IP activism and academic research play in shifting practice, and the complex tension between pursuing incremental IP reform in the short-term, while envisioning and building toward IP system change in the long-term.</p>
<p style="text-align: justify; ">Participants were asked by organisers to contribute statements and to vote in an online poll to chart and map participant perspectives at this year’s Congress. The interactive results of the poll can be viewed <a href="https://pol.is/report/r7k76vmnhmnann5npxdmk">here</a>.</p>
<p><b>Access to Medicines Track</b></p>
<p style="text-align: justify; "><i>Intellectual Property Watch</i> followed the access to medicines track throughout the Congress, to develop a broad picture of the persistent challenges and new strategies in this field, and to identify key initiatives to feature in the coming months. Below are some of the themes that emerged over the course of the sessions, along with key highlights.</p>
<p><b>Compulsory Licensing</b></p>
<p style="text-align: justify; ">Some participants highlighted their countries’ use of compulsory licensing to reduce drug prices and to maximise health budget capacity, with notable examples from Ecuador, Chile and Malaysia. Participants identified that many other countries, however, are not taking full advantage of these flexibilities, which can be partly attributable to a lack of awareness regarding these flexibilities, and a lack of systems to employ them. They noted that this is often compounded by IP-centric technical assistance that frames strong IP systems as necessary for development. Many participants argued that compulsory licensing, along with other intellectual property flexibilities, should be fully normalised, and that IP law should be structured to maximize the use of these flexibilities, rather than treat them as exceptions. Some also argued for the institution of international or regional coordination mechanisms for compulsory licensing.</p>
<p><b>Competition Law</b></p>
<p style="text-align: justify; ">Many participants, representing activist organisations working for access to medicines, noted that their campaigns were largely focused on the price of a particular drug in a particular country. Pursuing access to medicines on such a piecemeal basis, they explained, does not produce sustainable change within the IP system itself. This, they noted, is a similar challenge faced when issuing compulsory licences. Participants explained that pursuing strategies based in competition law could perhaps offer a more sustainable solution to address excessive pricing across a range of drugs. This strategy, they explained, could move forward key legal reforms to systemically challenge pharmaceutical monopolies and bring about more competitive drug pricing.</p>
<p><b>Innovation</b></p>
<p style="text-align: justify; ">According to participants, the term innovation infers a particular narrative, similar to “intellectual property,” and has been used by industry to justify the pharmaceutical patent system. One participant explained that patents are currently being granted on the basis of utility, rather than real inventiveness. He explained that the term innovation has come to represent the industry-led process of shaping markets and cycles of consumption, and that therefore, we need to reconsider our use of the term.</p>
<p><b>Research and Development</b></p>
<p style="text-align: justify; ">Many participants highlighted the dysfunction of the current monopoly incentive system for pharmaceutical research and development, and advocated for other systems such as delinking the price of pharmaceuticals from the cost of research and development and the volume of sales. Others highlighted examples of how drugs for neglected diseases can be developed and manufactured without intellectual property incentives, and still others how drug licences can be efficiently pooled to facilitate widespread generic drug production. Another participant further illustrated the dysfunction of the current system, noting that much of the research and development of patented pharmaceuticals was publicly funded, and that there needs to be greater public accountability in drug pricing.</p>
<p><b>Medicines as Non-Patentable</b></p>
<p style="text-align: justify; ">One important perspective, expressed by participants across tracks, is simply that medicines should be non-patentable and accessible to all people, without restriction.</p>
<p style="text-align: justify; "><i>Intellectual Property Watch</i> will feature some of the key access to medicines initiatives highlighted at the Congress in greater depth and detail in the coming months.</p>
<p><b>Background of the Global Congress</b></p>
<p style="text-align: justify; ">The First Global Congress on Intellectual Property and the Public Interest was held in 2011 at American University Washington College of Law in Washington, DC, and the specific policy goals of the Congress were summarized in the 2011 <a href="http://infojustice.org/washington-declaration-html">Washington Declaration on Intellectual Property and the Public Interest</a>.</p>
<p style="text-align: justify; ">The Congress was subsequently hosted in 2012 by Centro de Tecnologia e Sociedade of FGV Direito, in Rio de Janeiro, Brazil, in 2013 by University of Cape Town IP Unit, in Cape Town, South Africa, and in 2015 by the Centre for Internet and Society, in New Delhi, India. Intellectual Property Watch has attended them all.</p>
<p>More background information on the Global Congress on Intellectual Property and the Public Interest can be found at <a href="http://infojustice.org/">infojustice.org</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/5th-global-congress-on-ip-and-the-public-interest-successes-strategies-highlighted'>https://cis-india.org/a2k/news/5th-global-congress-on-ip-and-the-public-interest-successes-strategies-highlighted</a>
</p>
No publisherAdminIntellectual Property RightsCopyrightAccess to Knowledge2018-10-31T01:57:59ZNews Item4th Global Congress on IP and the Public Interest: Statement of Conclusion for the IP and Development track
https://cis-india.org/a2k/blogs/4th-global-congress-on-ip-and-the-public-interest-statement-of-conclusion-for-the-ip-and-development-track
<b>The 4th Global Congress on Intellectual Property and the Public Interest was held from December 15 to 17, 2015 in New Delhi. This post provides a summary of the event.</b>
<p>This was also published on the <a class="external-link" href="http://cis-india.org/a2k/blogs/4th-global-congress-on-ip-and-the-public-interest-statement-of-conclusion-for-the-ip-and-development-track">Global Congress blog</a>.</p>
<hr />
<h3 style="text-align: justify; ">Wrap up note 1: Feedback on broad discussion in the IP and Dev track – set of collected key points:</h3>
<p style="text-align: justify; ">This year, the discussions included attention to broad perspectives on clarifying the meaning and reality of open collaborative innovation, as well as significant focus on the sub-themes of economic development (innovation and software patents, clean technologies, climate change and green patenting, issues of branding and plain packaging); sustainable development (agriculture and geographic indicators [GI]); policy, law and regulation (role of governments, patenting, compulsory licensing [CL], global institutions [particularly WTO, WIPO and WHO] and national institutions [particularly patent offices]). Trade dominated the discussions across the IP and Dev track, including the TPP and other issues, reflecting the strong global trade agenda.</p>
<p style="text-align: justify; ">Missing areas in the track papers, workshops and panel discussions included the limited discussion on traditional knowledge (TK); the work of indigenous groups and how they are navigating the IP landscape; biodiversity; biotech and food security; innovation in the nanotechnology sphere; and inclusive development. Accessibility to innovations for low-income households, and accessibility to innovations at the country level needs greater attention. These topics can be brought out more strongly, more directly.</p>
<p style="text-align: justify; ">The value of building research networks to create explicit knowledge and coherence in research-based evidence for advocacy and policy-making was made visible in the workshop session presented by Open AIR, with the Open AIR network as the exemplar. The challenge is to translate the kinds of research and evidence presented at the GC into content and value for policy-making and trade negotiations.</p>
<h3 style="text-align: justify; ">Wrap up note 2: Value of the deliberations and future research:</h3>
<p style="text-align: justify; ">This is a new track in the GC, introduced in 2015. It is an important track for this and future Global Congresses because it brings together the many strands of research, advocacy and other work that are related to topics in innovation, IP and development, but which are not specifically about openness, user rights or A2M. This is a very broad range of fields of study, from agriculture to nanotechnology. It was proposed that the track be renamed “Innovation and Development” to more explicitly describe its focus.<br /><br />From this GC, it has become clearer what future topics may be considered for papers and other inputs into the IP and Dev track. Such topics include counter-narratives to mainstream IP perspectives; bringing IP for development in multiple sectors to the fore – in education; in automotive manufacturing; in technology evolution; in agricultural production and food security; in the broad policy, law and regulatory environment pertinent to these and other sectoral perspectives. For example, in the paper on green patenting, reference was made to Tesla and Toyota releasing patents, but the session did not get to discuss that. The papers presented at the 4th GC suggest many areas of focus for future research and future GCs – perhaps the best way to think about this exploration is through greater attention to innovation in a range of social and economic sectors; to consider the particular challenges of innovation, IP and development in LDCs; to study innovation ecosystems and where IP fits in these ecosystem. Cross-track sessions are also considered to be very important because of the knowledge sharing that takes place across sectors, for example the discussions on patent wars in the access to medicines (A2M) track provided food for thought with respect to emerging issues in the software sector.</p>
<h3 style="text-align: justify; ">Wrap up note 3: Ideas and implications of GC sessions for future directions for research, collaborations and next GC:</h3>
<p style="text-align: justify; ">For the next GC, mobilization is required across various geographic regions and a significant discussion is required on preparation and design of the sub-themes, based on the notes above. The requirement for more evidence-based research was noted. It was recommended that the future name of the track should be Innovation and Development. The core group, comprised of track leaders and sessions chairs, should continue the leadership of the track from GC to GC, bringing additional interested persons on board, in particular with respect to the design of sub-themes well in advance of the 5th GC, to guide prospective submissions.</p>
<p style="text-align: justify; ">Ends.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/4th-global-congress-on-ip-and-the-public-interest-statement-of-conclusion-for-the-ip-and-development-track'>https://cis-india.org/a2k/blogs/4th-global-congress-on-ip-and-the-public-interest-statement-of-conclusion-for-the-ip-and-development-track</a>
</p>
No publishernehaaIntellectual Property RightsGlobal CongressCopyrightAccess to Knowledge2015-12-25T02:22:52ZBlog Entry004: A License to Share
https://cis-india.org/a2k/blogs/a-license-to-share
<b>In this blogpost Devika Agarwal, a 4th year student at Dr. Ram Manohar Lohiya National Law University, Lucknow, takes a first look at the Creative Commons 4.0 Licence.</b>
<p style="text-align: justify; ">With the increasing amount of information being uploaded online every day, it becomes imperative to facilitate the sharing of this information legally. Creative Commons (CC) license is a tool developed especially with the objective of allowing widespread dissemination of information in a manner so as not to infringe the copyright of a person over the work.<br /><br />A CC license is a valid license. It is ‘non-exclusive’ in nature; this means that the author of a work is free to enter into a different licensing agreement with anybody he wishes despite holding a CC license (the different licensing contracts must also be ‘non-exclusive’ in nature). Simply put, licensees of a CC license will be governed by the terms of the CC license unless they have a different agreement with the license holder.</p>
<p>In India, works licensed under the CC license include <a href="http://www.nextbigwhat.com/india-launches-school-education-portal-under-creative-commons-license-297/">digital copies of educational material by NCERT.</a></p>
<p style="text-align: justify; ">With the first version of the license being published in 2002, Creative Commons has witnessed a number of changes to help serve the needs of internet users better. Version 4.0 of the Creative Commons License was released on November 25, 2013.</p>
<ul>
<li><span style="text-decoration: underline;">A more global license</span></li>
</ul>
<p style="text-align: justify; ">What sets the latest version of the Creative Commons license apart from its precursors is the fact that CC license 4.0 is an ‘<i><b>international license’</b></i>. The earlier versions of CC license required the license to be <a href="http://wiki.creativecommons.org/Porting_Project">“ported” to the different jurisdictions</a>; ‘porting’ was a process which involved the translation and legal adaptation of CC’s core license suite (also known as ‘<i><b>generic’ license suite’</b></i><b> </b>) to conform to the languages and copyright laws of individual jurisdictions). This means that earlier one had to obtain a CC license ported to one’s country; the “ported version of the license” was a modification of the generic CC license, suited to meet the copyright requirements of a particular country.</p>
<p style="text-align: justify; ">The CC license 4.0, on the other hand, is an international license, i.e., the 4.0 license is <b><i>‘jurisdiction neutral’</i></b> in nature and a single version of the license exists for all persons.</p>
<ul>
<li><span style="text-decoration: underline;">Sui generis database rights</span>:</li>
</ul>
<p style="text-align: justify; ">The CC license 4.0 also provides explicitly for protection to <i>sui generis</i> databases in jurisdictions which recognize copyright related to <i>sui generis</i> databases. <i>Sui generis</i> databases were not expressly covered by the earlier versions of the CC license. (<a href="http://spicyip.com/2005/11/database-protection-in-india.html">India does not extend copyright protection to </a><a href="http://spicyip.com/2005/11/database-protection-in-india.html"><i>sui generis</i> databases</a>).</p>
<ul>
<li><span style="text-decoration: underline;">Non-attribution</span></li>
</ul>
<p style="text-align: justify; ">The one element common to all the CC licenses is ‘attribution’ or acknowledgement of the licensor as the author of the work by “giving appropriate credit and providing a link to the license. Where the earlier licenses provided that a licensor may request a licensee to remove attribution from adaptations of the work (in order to preserve anonymity), the 4.0 license extends the right of ‘non-attribution’ of a licensor to works which have not been adapted.</p>
<p style="text-align: justify; ">This right of attribution is recognized under section 57 (1) (a) of The Copyright Act, 1957 in India which states that <i>“even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right to claim authorship of the work.”</i></p>
<ul>
<li><span style="text-decoration: underline;">30-day period to remedy breach of CC license terms </span></li>
</ul>
<p style="text-align: justify; ">A significant change in the CC 4.0 version is that unlike the earlier licenses which terminated the CC license in case of failure to comply with the license terms, the 4.0 licenses allow a 30-day period to the licensees to remedy the breach, after which the license shall resume.</p>
<p style="text-align: justify; ">The terms incorporated in the 4.0 license are aimed at making the license more compatible with the copyright laws of various jurisdictions and at the same time ensure that information can be shared with more freely, thus preserving the spirit of Access to Knowledge.</p>
<p>(Creative Commons <a href="http://spicyip.com/2013/11/creative-commons-india-relaunched.html">re-launched its India chapter</a> in November last year.)</p>
<p style="text-align: justify; ">Similarly, right of ‘non-attribution’ is recognized under section 21 of The Copyright Act, 1957 which provides for relinquishment of copyright by the author. This may be done <i>“by giving notice in the prescribed form to the Registrar of Copyrights or by way of public notice.” </i>A CC license where attribution has been removed at the instance of the licensor will serve as a ‘public notice’.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/a-license-to-share'>https://cis-india.org/a2k/blogs/a-license-to-share</a>
</p>
No publishernehaaCopyrightAccess to Knowledge2014-03-20T05:38:34ZBlog Entry3 Copyright Tips for Students and Educators
https://cis-india.org/a2k/blogs/3-copyright-tips-for-students-and-educators
<b>Copyright is a really complicated topic, and when it comes to online use of creative works, accidentally crossing the line between fair use and a copyright violation is easy. How do you know what is copyrighted? Recently Frederico Morando (Creative Commons, Italy) and I presented a training session on understanding copyright policies at Wikimania 2016, which was originally proposed by Wikipedian User:Jim Carter. We covered topics such as fundamentals of copyright, exclusive rights, Berne convention, copyleft, Creative Commons licenses, Public Domain, fair use, and copyfraud.</b>
<p style="text-align: justify; ">The blog post was <a class="external-link" href="https://opensource.com/education/16/8/3-copyright-tips-students-and-educators">published by Opensource.com</a> on August 16, 2016. This got mentioned in Wikipedia's newsletter "<a class="external-link" href="https://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/Single#In_brief">The Signpost</a>". This was mirrored by Wiki Edu on October 5, 2016. The post republished can be <a class="external-link" href="https://wikiedu.org/blog/2016/10/05/blurry-copyright-three-tips-for-students-and-educators/">read here</a>.</p>
<hr />
<p style="text-align: justify; ">In this article, I'll look at three copyright tips to keep in mind when you're thinking about using content—even for academic purposes— you find online.</p>
<h3 style="text-align: justify; ">1. Most of what you find on the Internet is copyrighted.</h3>
<p style="text-align: justify; ">Except content that clearly indicates the work is released under a free license, or that the copyright has lapsed and the work is in the <a href="https://en.wikipedia.org/wiki/Public_domain" target="_blank">Public Domain</a>, you can assume content is not freely/liberally licensed. A few popular free and <a href="https://opensource.org/licenses/alphabetical" target="_blank">open licenses</a> include GNU General Public License (GPL), BSD licenses, Apache License, Mozilla Public License, and SIL Open Font License. If a work mentions the license, usually the license is explained or links to terms for using the work. Spending a little time to find out what license the work is under beats spending time and money on a copyright infringement case later.</p>
<h3 style="text-align: justify; ">2. Fair use can be your friend, but not always.</h3>
<p style="text-align: justify; "><a href="https://en.wikipedia.org/wiki/Fair_use" target="_blank">Fair use</a> means you might be permitted to make limited use of a copyrighted work without prior permission from the copyright holder. The fair use policy varies from country to country. As explained in the <a href="http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/" target="_blank">Stanford University Libraries site</a>, commentary/quotes and criticism, and parody are cases that often fall under fair use.</p>
<p style="text-align: justify; ">Wikipedia article images related to recent music albums, movies, and even people who are deceased are used under fair use policy. Click on <a href="https://en.wikipedia.org/wiki/File:Ghostbusters_2016_film_poster.jpg" target="_blank">a recent movie poster</a> appearing in a Wikipedia article and check the copyright section for an example explanation of why the use on Wikipedia qualifies as fair use.</p>
<p class="rtecenter" style="text-align: justify; "><img alt="Example Wikipedia explanation for fair use of an image." class="attr__field_folder[und]__9404 attr__field_file_image_caption[und][0][format]__panopoly_wysiwyg_text attr__field_file_image_caption[und][0][value]__ attr__field_file_image_title_text[und][0][value]__Example image. an of use fair for explanation Wikipedia attr__field_file_image_alt_text[und][0][value]__Example attr__format__default img__view_mode__default img__fid__320866 attr__typeof__foaf:Image media-image" height="186" src="https://opensource.com/sites/default/files/poster-license.png" title="Example Wikipedia explanation for fair use of an image." width="520" /></p>
<p class="rtecenter" style="text-align: justify; "><sup>Example <a href="https://en.wikipedia.org/wiki/File:Ghostbusters_2016_film_poster.jpg" target="_blank">Wikipedia explanation</a> for fair use of an image.</sup></p>
<p style="text-align: justify; ">Fair use also gives some freedom to scholars to use copyrighted work for academic research. To be in a safe side if you are not sure your use falls under "fair use," reach out to the copyright holder and get formal permission before using their work.</p>
<h3 style="text-align: justify; ">3. search.creativecommons.org helps streamline Creative Commons content searches.</h3>
<p style="text-align: justify; ">Where do you go to search for images, illustrations, and other content with Creative Commons licensing? Most images turned up using a search engine are copyrighted and not licensed liberally, for example. A better way to search is using <a href="http://search.creativecommons.org/" target="_blank">search.creativecommons.org</a>.</p>
<p class="rtecenter" style="text-align: justify; "><img alt="Searching with search.creativecommons.org" class="attr__field_folder[und]__9404 attr__field_file_image_caption[und][0][format]__panopoly_wysiwyg_text attr__field_file_image_caption[und][0][value]__ attr__field_file_image_title_text[und][0][value]__Searching search.creativecommons.org with attr__field_file_image_alt_text[und][0][value]__Searching attr__format__default img__view_mode__default img__fid__320871 attr__typeof__foaf:Image media-image" height="288" src="https://opensource.com/sites/default/files/search_creative-commons.png" title="Searching with search.creativecommons.org" width="520" /></p>
<p style="text-align: justify; ">You can choose Creative Commons-licensed content from several sites, such as Flickr, Google Images, Wikimedia Commons, and Europeana. You can also specify whether you want to use the content for commercial purposes, or to modify, adapt, and build upon work.</p>
<p class="rtecenter" style="text-align: justify; "><img alt="Squirrel image cc by 2.0" class="attr__field_folder[und]__9404 attr__field_file_image_caption[und][0][format]__panopoly_wysiwyg_text attr__field_file_image_caption[und][0][value]__ attr__field_file_image_title_text[und][0][value]__Squirrel 2.0 by cc image attr__field_file_image_alt_text[und][0][value]__Squirrel attr__format__default img__view_mode__default img__fid__320876 attr__typeof__foaf:Image media-image" height="345" src="https://opensource.com/sites/default/files/squirrel.png" title="Squirrel image cc by 2.0" width="520" /></p>
<p class="rtecenter" style="text-align: justify; "><sup>Image credit <a href="https://www.flickr.com/photos/thartz00/4848125586/in/photolist-pJ1ZUb-pHZeyg-bHBqWK-qUPGF2-8p2py2-8omhkX-8ESRmV-8opUQb-8omCTF-8Ci9uT-8EW2Z1-aCzjww-8omsBg-egUVB6-8opD3b-pjwoda-egUUB4-5QjZw-afNR9W-8FCKKW-8ESJ1X-8opf3u-8omu6r-8opXVG-rksQLR-iiEtfF-8Fzkvi-kjQiui-6p3zqy-9vDtad-7ThZA-8oppdY-9cuAnT-8CmfVo-98RCtP-8EW259-8ESNoa-8EW1GW-8EVVLW-8ESMRa-8opfg7-8EVV73-8omdHk-8EVUMf-8ESS5x-8ESPaT-8ESSs8-9A3fb1-8omEcp-8EW1o1" target="_blank">likeaduck</a>. <a href="https://creativecommons.org/licenses/by/2.0/" target="_blank">CC BY 2.0</a> </sup></p>
<p style="text-align: justify; ">Note that you still will need to check which Creative Commons license the content uses. As explained in <a href="https://opensource.com/law/11/7/trouble-harmony-part-2">an article by Richard Fontana</a>:</p>
<blockquote style="text-align: justify; ">
<p>The Creative Commons suite includes licenses that implement various policies. Some, like CC BY and CC BY-SA, are normatively consistent with corresponding permissive and copyleft families of free software licenses. Others, however, particularly its “NC” (no commercial use) and “ND” (no derivative works) licenses, are in conflict with basic principles of free software and free culture. I am not alone in lamenting the application of the Creative Commons umbrella brand to cover licenses with such disparate qualities. One consequence has been a general confusing dilution of the meaning of “openness” in the context of cultural works. A more specific problem is the evidence of confusion on the part of content authors interested in applying Creative Commons licenses to their works, and resulting confusion by those interested in making use of such works. Too often a work is labeled as being licensed under “a Creative Commons license”, without specifying accurately, or specifying at all, which free or nonfree policy the author sought to apply.</p>
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<p style="text-align: justify; ">If you still cannot find content—images, for example—with free licenses, but you find copyrighted content that fits your academic need, you can reach out to the content creator or copyright holder for permission. Often copyright holders allow usage of their work for non-commercial purposes, such as academic research and publication.</p>
<p style="text-align: justify; ">Do you have other sources you recommend for finding Creative Commons or Public Domain content? Let us know about your favorite resources in the comments.</p>
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For more details visit <a href='https://cis-india.org/a2k/blogs/3-copyright-tips-for-students-and-educators'>https://cis-india.org/a2k/blogs/3-copyright-tips-for-students-and-educators</a>
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No publishersubhaWikipediaCopyrightAccess to Knowledge2016-10-07T00:42:06ZBlog Entry