WIPO Copyright Committee: More Rights Or Limitations/Exceptions?

The World Intellectual Property Organization copyright committee meets next week with some uncertainty. Unable to agree on the future work of the committee at the end of the last session, delegates will have to decide how they want to advance work on a proposed treaty protecting broadcasting organisations, and on limitations and exceptions to copyright for the benefit of libraries and education.

The 28^th session of the Standing Committee on Copyright and Related Rights (SCCR) is taking place from 30 June to 4 July.

Last time, with no agreement on his conclusion as SCCR Chair Martin Moscoso, formerly of the Peru Copyright Office, presented the document with agreed textual changes as his own conclusions [pdf] (IPW, WIPO, 5 May 2014).

The draft agenda [pdf] includes a number of working documents on the three issues the committee is currently working on. Moscoso’s proposal for future work, to be considered next week, is to devote half of the session to the protection of broadcasting organisations, and the second half to limitations and exceptions for libraries and archives, and for educational and research institutions.

Delegates are expected to work on a “Working Document [pdf] for a Treaty on the Protection of Broadcasting Organizations.” Some issues remaining to be solved are substantial ones, such as the scope and the object of the potential treaty, but also whether or not to include webcasting in the protection.

At the last session of the SCCR, from 28 April to 2 May, the United Kingdom introduced a proposal [pdf] in favour of the protection of new technologies used by broadcasting organisations, illustrating their proposal with their national experience, and the functioning of the BBC.

During the same session, the Group of Caucasian, Central Asian and Eastern European Countries (CACEEC) put forward a proposal [pdf] offering a complete alternative text of the draft treaty, advocating a broad scope of protection for broadcasters (IPW, WIPO, 30 April 2014).

Most non-governmental organisations attending the SCCR at the last session warned against risks linked to the rights the treaty is proposing to grant broadcasters (IPW, WIPO, 1 May 2014).

No “Treaty-Like” Text for Exceptions and Limitations

After the success of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, which provided the first ever treaty on exceptions and limitations to copyright, the possibility of granting further exceptions for libraries, archives, education or research has met with strong resistance from developed countries.

Next week, delegates are expected to work on a working document [pdf] “towards an appropriate international legal instrument (in whatever form) on exceptions and limitations for libraries and archives, which contains textual suggestions and comments. During the last session, some developing countries, such as the African Group, asked that comments be kept in a separate annex so more clarity would be achieved on textual proposals, but this was opposed by developed countries.

During the last meeting of the SCCR, the United States tabled a document [pdf] on objectives and principles for exceptions and limitations for libraries and archives.

Also on the table is a working document [pdf] “towards an appropriate international legal instrument (in whatever form) on limitations and exceptions for educational, teaching and research institutions and persons with other disabilities,” which is much like the document on exceptions and limitations for libraries and archives.

This was briefly discussed during the last session, the same request by some developing countries to keep the comments in a separate annex to clear up the text was blocked by developed countries.

The US also tabled a document [pdf] titled “Objectives and Principles for Exceptions and Limitations for Educational, Teaching, and Research Institutions.”

During the last session, librarians and archivists explained at length why an international treaty is needed to provide exceptions and limitations (IPW, WIPO, 6 May 2014).