New Copyright Exceptions Treaty Proposed By Civil Society; Seeking Country Support

Negotiations on possible exceptions to copyright for specific actors such as libraries, archives, universities and research institutions at the World Intellectual Property Organization have been stalling for years. Last week, a group of civil society organisations published a proposed draft treaty text for copyright exceptions for educational and research activities. Now they are seeking support from WIPO members to shoulder the text.

Limitations and exceptions to copyright will be discussed again at the 37th session of the WIPO Standing Committee on Copyright and Related Rights, which will take place from 26-30 November.

The 11-page proposed treaty on copyright exceptions and limitations for educational and research activities (TERA) is available here.

The text was drafted by a group of civil society organisations including: Electronic Information for Libraries, Education International, Knowledge Ecology International, Medicine Open Access Initiative International, Innovarte Chile, Lapin Brazil, Creative Commons United States, Universities Allied for Essential Medicines US, the University of Cape Town (South Africa) Intellectual Property Unit, Derechos Digitales Chile, the Electronic Frontier Foundation US, and IP Justice US.

According to a briefing paper from the proponents, TERA is built on a 2016 study [pdf] on copyright limitations and exceptions for educational activities conducted by Professor Daniel Seng from Singapore, followed by an updated study [pdf] in 2017 by the same author.

TERA reflects the categories of educational limitations and exceptions identified by Seng. These include: private or personal use; quotations; reproduction; anthologies; performances; broadcasts; compulsory licenses for reproduction or translation; educational exceptions relating to technological protection measures; restrictions on the liability of educational institutions, the overriding of contractual restrictions on exceptions, and digital copying and dissemination under the Appendix of the Berne Convention for the Protection of Literary and Artistic Works.

The note underlines the fact that TERA addresses educational and research activities, not just educational and research institutions, as the Seng study did.

According to the note, TERA’s core is found in Article 4 (Guiding Principles), Article 5 (Permitted Uses), and Article 6 (Cross-Border Uses).

Article 5 lists exceptions for teaching and learning activities, creating educational material, and research activities.

Article 4(2) is based on Article 10(3) (General Principles on Implementation) of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, according to the note. That treaty was negotiated at WIPO in 2013 and has entered into effect.

 

Image Credits: Flickr – Miller Center