SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Analysis: Monkey In The Middle Of Selfie Copyright Dispute

The recent case of a monkey selfie that went viral on the web raised thorny issues of ownership between a (human) photographer and Wikimedia. Two attorneys from Morrison & Foerster sort out the relevant copyright law.


Latest Comments
  • are you aware that within the photographic industr... »
  • A VPN is a virtual private network, which generall... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    WIPO Assembly Moves To Fast-Track Copyright Exceptions For Visually Impaired

    Published on 4 October 2012 @ 11:57 pm

    By for Intellectual Property Watch and

    The majority of member states of the 185-strong World Intellectual Property Organization have thrown their support behind the fast-tracked negotiation of a new treaty or other instrument that sets limitations and exceptions to copyright for the benefit of the visually-impaired and those with print disabilities.

    Members at the fourth day of the 1-9 October WIPO General Assembly approved the 2013 schedule for a diplomatic conference (high-level treaty negotiation) on the instrument proposed by the Standing Committee on Copyright and Related Rights (SCCR).

    A diplomatic conference is the highest level of negotiations at WIPO.

    Reporting to the Assembly, an official [corrected] said “significant progress” has been made toward the conclusion of the agreement, and with sufficient work done for the UN agency to meet the 2013 deadline for the high-level meeting.

    The phrase “visually impaired persons and persons with print disabilities” is the catch-all term used by WIPO to cover “persons who have limited vision and those who have print disabilities, or have other disabilities,” according to a draft text [pdf] of the treaty that was presented to the committee during a meeting in July.

    The same draft text noted that the agreement would take into account the three-step test for limitations and exceptions, provided under Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works – the landmark international agreement on copyright.

    WIPO will hold an intersessional meeting on the proposed agreement from 17-19 October, to be followed by negotiations at the next SCCR meeting from 19-23 November. An extraordinary General Assembly is scheduled in December.

    The United States, speaking for Group B, the cluster of high-income countries, expressed support and commitment to the swift timetable, but noted that “more work is needed.”

    The same commitment for a 2013 diplomatic conference is shared by Hungary, which spoke for the Central Europe and Baltic states, Thailand, Colombia, Brazil, which spoke on behalf of the Development Agenda Group (DAG), Japan, Iran, India, and Trinidad and Tobago, to name a few.

    Nigeria, which delivered a statement for the African Group, noted that the treaty would have a significant impact on the region as Africa, along with the rest of developing economies, is home to the majority of the world’s visually impaired and persons with print disabilities.

    With this, the African Group reminded the assembly that “any imbalanced outcome should not be accepted.”

    Member states at the assembly also expressed support for the proposed approaches to agreements concerning the rights of broadcasting organisations, as well as limitations and exceptions for libraries and archives, and education.

    On broadcasting and cablecasting, members approved work limited to a “signal-based approach.”

    NGOs: Mixed Reactions

    During the week, non-governmental observers have raised caution from various sides of the copyright issues, particularly on the treaty for the blind.

    A wide range of about 20 industry groups issued a joint statement [pdf] on the instrument calling on member states to subject their support for a possible instrument to “essential conditions” they said are required to ensure access to books in line with the existing international copyright framework.

    The groups demanded that the instrument be consistent with international copyright law; narrow in scope; reaffirming the three-step test; flexible; conditional upon commercial unavailability; and ensuring appropriate care of digital files.

    The three-step test loosely speaking narrows the use of copyright exceptions.

    The joint statement was presented to the Assembly by the International Publishers Association, along with the International Federation of Film Producers’ Associations (FIAPF), the International Video Federation (IVF), and the Motion Picture Association (MPA).

    Among the other groups signing on were the International Confederation of Authors and Composers Societies (CISAC), the International Federation of Reproduction Rights Organisations (IFRRO), the International Federation of the Phonographic Industry (IFPI), and the International Federation of Journalists (IFJ).

    “[W]e call upon Member States to focus on the clearly defined needs of persons with print disabilities, but not to let the exceptional circumstances of this particular issue redefine the basic principles of copyright,” the statement says.

    IPA said today that the reality “outside this room” is that creating equal access at the same time requires working with copyright holders and libraries. A film industry representative said copyright stands shoulder to shoulder with development, and that the direction the work of the WIPO copyright committee is going, i.e., promoting limitations and exceptions without an equal discussion of the impact on copyright, is an additional burden on rights holders already harmed by piracy. He called for negotiators to find practical solutions rather than further complicating the lives of copyright holders.

    Rights holders said they could accept protection of broadcasters’ rights as long as it does not affect the copyright system.

    Knowledge Ecology International, meanwhile, raised questions about calls for the three-step test, arguing that it was not binding on all other Berne exceptions and that it is not a general provision that can be used in cases where a particular exception is not provided. KEI later raised concerns about the broadcasting treaty, asking for a better explanation of what problem it would address, and saying it would add another layer of rights.

    The Internet Society said the committee needs to take into account the digital revolution and urged adoption of the various limitations and exceptions. But he raised concern about pursuing the broadcasting treaty.

    The Computer and Communications Industry Association (CCIA) said broadcasting should not take up time on the agenda until the visually impaired treaty is finished, and raised doubt about the need for the broadcasting treaty at all. Signals are not electronic, are transient, cannot exist in fixed form, and the programme is what is fixed and it is “already owned by someone else.”

    He said that if the SCCR cannot agree on such an obvious instrument as the visually impaired treaty, then the system is “damaged.” The text is becoming too complicated, CCIA said, and that the members should not be telling blind people what they need. Rather they should ask the visually impaired. “They are here, they can tell us what they need,” he said.

    As to what the World Blind Union want, their representative told the Assembly that he is “cautiously encouraged” by the map for the treaty initiative. He reinforced an African Group argument that any treaty must be suited to the needs of the visually impaired in all levels of development around the world, and therefore must include printed books, not just digital. It must not only be for the PhDs in developed countries, he said. The treaty must not strangle provisions with heavy technology restrictions.

    “Visually impaired persons and the print disabled still look forward to their first Independence Day” when the WIPO treaty allows accessible formats into their hands from across borders,” he said, noting that there are 280 million visually impaired people worldwide who could benefit from this initiative.

    “Please, please, WIPO, help us to turn that expectation (of a 2013 diplomatic conference) into reality,” the World Blind Union representative said. “Protect us from another shattered expectation as we had in 1985.”

    Maricel Estavillo may be reached at maricelestavillo@gmail.com.

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Too much information: Links for week ending 12 October | The Barefoot Technologist says:

      [...] WIPO assembly moves to fast–track copyright exceptions for visually impaired IPWatch reports that the WIPO General Assembly has approved the scheduling of high–level negotiations in 2013 for a binding treaty that would introduce vital provisions in international copyright law to secure broad access to adapted reading materials for the visually impaired. [...]

    2. Infojustice Roundup – October 9, 2012 says:

      [...] [Maricel Estavillo and William New for IP Watch] The majority of member states of the 185-strong World Intellectual Property Organization have thrown their support behind the fast-tracked negotiation of a new treaty or other instrument that sets limitations and exceptions to copyright for the benefit of the visually-impaired and those with print disabilities.  Members at the fourth day of the 1-9 October WIPO General Assembly approved the 2013 schedule for a diplomatic conference (high-level treaty negotiation) on the instrument proposed by the Standing Committee on Copyright and Related Rights (SCCR). A diplomatic conference is the highest level of negotiations at WIPO. Click here for more. [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 54.196.206.17