WIPO Copyright Committee In Freewheel Mode; Conversation Continues

It is difficult to understand whether the prospect of a treaty protecting rights of broadcasters is getting nearer or farther away at the World Intellectual Property Organization, as some countries are still calling for a diplomatic conference to finish the treaty, while others are saying agreement on core issues such as what and who the treaty should protect seems elusive. And the committee discussion of copyright exceptions and limitations was nourished by non-governmental entities explaining the need for those exceptions.

The 32rd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) met from 9-13 May.

During the week, delegates had difficulties pursuing discussions on the main topics of the SCCR, namely: the protection of broadcasting organisations and copyright limitations and exceptions for libraries, archives, educational and research institutions, and persons with disabilities other than visual impairment.

The session finished late on the final day with participants taking note of a summary by the chair [pdf].

Protection of Broadcasting Organisations

Discussions on a Revised Consolidated Text [pdf] on Definitions, Object of Protection and Rights to be Granted, which had been prepared by SCCR Chair Martin Moscoso for this session of the committee, did not yield consensus. According to the  chair’s summary, discussions will continue on a revised version of this document to be prepared by Moscoso for the next session (IPW, WIPO, 13 May 2016).

Copyright Exceptions: No Need for Treaty, Developed Countries Say

The SCCR also is mandated to discuss how to protect exceptions and limitations for libraries, archives, educational and research institutions globally. On this topic, some developing countries, such as the African Group and members of the Asia and Pacific Group, would like those exceptions to be governed by a treaty. Group B developed countries, meanwhile, say current international copyright rules and national rules are sufficient to create those exceptions. The Group of Central European and Baltic States, as well as the European Union members concurred with this position.

The work of the SCCR is currently divided into two strands for limitations and exceptions: libraries and archives on the one hand, and educational and research institutions, and persons with disabilities other than visual impairment, such as hearing impairment, on the other.

On limitations and exceptions for libraries and archives, delegates worked from a chart [pdf] which acted as a basis for discussions, and which was issued by the chair during a previous session of the SCCR, to help organise exchange of views.

The chart includes the following topics: Preservation; Right of reproduction and safeguarding copies; Legal deposit; Library lending; Parallel importations; Cross-border uses; Orphan works, retracted and withdraw works, works out of commerce; Limitations on liability of libraries and archives; Technological measures of protection; Contract; and Right to translate works.

The item is expected to remain on the agenda for the next session of the SCCR.

On limitations and exceptions for research institutions and for persons with other disabilities than visual impairment, Prof. Daniel Seng of the National University of Singapore presented a draft Study on Copyright Limitations and Exceptions for Educational Activities on 11 May (IPW, WIPO, 13 May 2016).

This preliminary version analysed 136 out of the 188 WIPO member states, and focused on eight categories of limitations and exceptions that pertain to educational activities. Seng is expected to finalise the study for the next session of the SCCR.

Some members, such as those in the African Group, asked that the chair prepare a chart similar to the ones he had produced for limitations and exceptions for libraries and archives, in order to facilitate discussions. According to the summary by the chair, “the Chair agreed to prepare such a chart, using the categories identified in the draft study prepared by Professor Seng as a starting point.”

“This will allow the Committee 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 discussions and the intended outcome,” it said.

Explanations on various topics were provided by various groups. For instance, Electronic Information for Libraries (EIFL) made statements on cross-border uses, orphan works, retracted and withdrawn works, and parallel importation.

Resale Right, Fairer Income for Artists Pushed to Next Session

Two new topics are trying to make some space for discussion in the SCCR. One of them is the issue of resale right, which relates to royalties that visual artists can claim on the resale of their work by art dealers, introduced by Senegal and Congo, and largely supported by visual artists (IPW, WIPO, 12 October 2015). The issue is expected to be maintained on the agenda of the next session of the SCCR.

Also expected to be maintained on the agenda of the next session is a proposal submitted by the Group of Latin American and Caribbean countries (GRULAC). On 13 May, the Bahamas presented the proposal and said a growing number of companies are developing new business models based upon the use of copyrighted works in digital platforms and this raises new realities at both national and international levels, and in particular regarding transparency of authors and performers’ remuneration.

GRULAC proposed in particular to analyse and discuss the role of businesses and corporations who make use of copyrighted works in the digital environment and its mode of operation.

A proposal made at the last session by Moscoso to hold an extraordinary session of the SCCR devoted to the broadcasting treaty was discussed again with no consensus, according to the summary by the chair.

Moscoso had also proposed that regional meetings be held on the subject of limitation and exceptions for libraries and archives, which was supported by some developing countries but no agreement was reached on this proposal either.

The next session of the SCCR is scheduled to take place from 14-18 November.

Separately, according to sources, the new WIPO deputy director general for copyright still has not been named. The DDG stepped down last autumn.