Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee

Copyright exceptions for libraries, archives, educational and research institutions and persons with disabilities other than visual impairment will remain on the agenda of the next session of the World Intellectual Property Organization copyright committee. The subject is touchy as developing countries deem those exceptions vital for development and developed countries say that the current global copyright framework leaves enough space for national exceptions to copyright.

The topic of exceptions and limitations to copyright in favour of libraries and archives has made more progress than the other topics on exceptions and limitations and last week, during the 31^st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), delegates considered a chart, which had been prepared by the committee chair, Martin Moscoso of Peru.

The chart [pdf], according to the foreword by Moscoso, was “designed to serve as a useful tool to provide a structure to discuss the substance for each topic.”

Topics in the chart were the following: Preservation; Right of reproduction and safeguarding copies; Legal deposit; Library lending; Parallel importations; Cross-border uses; Orphan works, retracted and withdrawn works and works out of commerce; Limitations on liability of libraries and archives; Technological measures of protection; Contracts, and Right to translate works.

According to the summary by the chair [pdf], the chart will allow the SCCR to have an evidence-based discussion “respecting differing views and understanding that the goal is not to guide the discussion toward any particular or undesired outcome, but instead to lead to a better understanding of the topics and of their actual relevance to the discussion and the intended outcome.

The SCCR members exchanged views on reproduction and safeguarding of copies, legal deposit and library lending, according to the summary. Also discussed were concerns that could arise when considering limitations and exceptions related to these topics, and possible measures to address such concerns.

Museums Study Presented, More to Come

A study on copyright limitations and exceptions for museums was also presented during the session (IPW, WIPO, 10 December 2015

No discussions on text were carried out on limitations and exceptions for educational and research institutions and for persons with other disabilities than visual impairment.

According to the summary by the chair, the secretariat “informed the Committee about the progress made in response to the request made at SCCR/30 [July 2015] to update the various studies on limitations and exceptions for educational, teaching and research institutions published for the nineteenth session of the SCCR in 2009 and to aim to cover all WIPO Member States, as well as to prepare a scoping study on limitations and exceptions for persons other than persons with print disabilities.”

WIPO said the study has been commissioned and is expected to be presented at the next SCCR meeting, from 9-13 May 2016. The scoping study will be commissioned in early 2016 and is expected to be presented at SCCR/33, according to the summary.

Some developing country members asked that the chair prepare a chart such as the one provided on expectations and limitations for libraries and archives, while some developed countries asked for time to consider the suggestion, according to the summary.

The SCCR worked in the past on a 2013 Provisional 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 Containing Comments and Textual Suggestions. The document however, contains a large amount of comments, rather than proposed text.

In December 2014, the African Group, Brazil, Ecuador, India and Uruguay tabled a consolidation [pdf] of proposed texts contained in the provisional working document. This was in an effort to have a clean text to start discussions on a potential instrument creating copyright exception for teaching and research institutions, and persons with other disabilities than visual impairment.

There is no consensus in the SCCR on text-based discussions on exceptions and limitations, in particular a number of developed countries do not agree on discussing any kind of legally binding agreement.

 

Image Credits: WIPO