WIPO Copyright Committee This Week: Broadcasting, Exceptions, Resale Rights, Digital Environment

A packed week is underway for the World Intellectual Property Organization copyright committee. Delegates are hoping to find agreement on core principles of a treaty protecting broadcasting organisations’ rights, and continue work on possible limitations and exceptions to copyright for education, libraries, and research. In addition, they will decide if they want to work on the issue of resale right, and will consider copyright in the digital environment.

The 34^th session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) is taking place from 1-5 May.

WIPO Director General Francis Gurry underlined the “busy” agenda [pdf] this morning, and noted that discussions on the protection of broadcasting organisations have been going on for over 20 years.

“It’s a big agenda, and it is, as everyone is fully aware, not an easy environment internationally in which to make progress in any field,” he said, adding “we very much hope that you are able to take forward the multilateral discussion on these extremely important areas and look for results where this is possible to achieve.”

New Chair a former Musician; Vice-Chairs Named

Gurry paid tribute to the outgoing chair, Martin Moscoso of Peru, who served two terms. Daren Tang, chief executive of the Singapore IP Office, was elected chair of the SCCR, and Abdoul Aziz Dieng, technical counsellor, Ministry of Culture and Communication, Senegal, and Karol Kościński, director of the Department of Intellectual Property and Media at the Ministry of Culture and National Heritage of Poland, were elected vice-chairs.

Tang said he started off as a jazz musician but “that did not pay the bills enough,” so went to law school. He remarked on the importance of the SCCR, as copyright impacts a number of activities, such as accessing a YouTube video, or accessing music, and thus affecting everyone’s life.

Singapore, he said, stands as a bridge between east and west, between north and south, and developing and developed countries. Tang said he wants to bring this bridging spirit to the many challenges remaining in the SCCR discussions.

Mentioning his former life as a jazz musician, he compared the SCCR to a jazz band, with improvisations, and soloing, which enhances the music, makes it more energetic and dynamic.

Kościński said Poland is part of the European Union but remains a country in transition which has different experiences and different needs, and as such understands that copyright can be perceived from different perspectives, and needs balance.

Dieng remarked that everybody loves music, but “we do not like monotony,” he said, adding “we like something that swings, and I hope this meeting will swing.”

Protection of Broadcasters

Numerous attempts have been made to streamline the text of a potential treaty to protect broadcasters’ rights. This week delegates are expected to work from a revised consolidated text on definitions, object of protection, rights to be granted and other issues.

Intellectual Property Watch published two background reports providing details of the issues and discussion around broadcasting at WIPO. One focused on what broadcasters would need from a treaty (IPW, WIPO, 9 February 2017), and the other explained technicalities (IPW, WIPO, 8 February 2017)

Reaching consensus on the draft treaty text would open the way for the SCCR to recommend the convening of a high-level negotiating meeting (diplomatic conference) to the WIPO General Assembly, in October.

Several sources said progress may hinge on whether the Trump administration in the United States is ready to take a position on the issue or else to step back and remove its apparent opposition to moving forward. But other sources indicated that it is still too soon for the US to take a clear position, making the timing of the SCCR decision about a diplomatic conference unfortuitous.

Exceptions and Limitations

The SCCR has been discussing two different sets of possible limitations and exceptions to copyright. The first would allow copyright exceptions to library and archives, in particular in the context of cross-border exchanges. The second would create copyright exceptions for education, research, and persons with disabilities other than visual impairment.

On those copyright exceptions, the outgoing chair of the SCCR has concentrated discussions on core elements and produced two informal charts.

One chart [pdf] lists a number of topics regarding limitations and exceptions for libraries and archives, such as preservation, orphan works, library lending, and cross-border uses.

The other one [pdf] concentrates on topics specific to education and research, such as private/personal use, quotations, and educational reproduction.

Both charts were meant to help delegates better state and understand different positions. Former texts on libraries and archives [pdf], and on education, research, and persons with disabilities [pdf] were not organised as potential treaty texts. Some developed countries maintain that the existing international copyright framework allows countries to establish the necessary exceptions and limitations at the national level.

Resale Right, Copyright in Digital Environment

Senegal and Congo proposed [pdf] a few sessions back to introduce a new SCCR agenda item on the issue of resale right. The resale right refers to a right by visual artists to benefit from royalties on the profit made on their work when it is resold.

The SCCR has to decide this week if resale right is to become a standing agenda item. A daylong event of artists and experts was held on 28 April at WIPO, generating momentum for this initiative.

Also on the agenda is a proposal [pdf] by the Group of Latin American and Caribbean countries (GRULAC) on copyright in the digital environment. In particular, the GRULAC proposal suggests to analyse the role of companies and corporations that make use of protected works in the digital environment, and the level of transparency on business and the proportions of copyright and related rights payment to the multiple rights holders.

Schedule for the Week, Numerous Side Events

The WIPO secretariat presented the programme for the week. From Monday mid-morning to Tuesday at the end of the afternoon, the SCCR is expected to discuss broadcasting. From Wednesday to the end of Thursday morning the committee is scheduled to address limitations and exceptions. The item on resale right is foreseen for Thursday afternoon, and copyright in the digital environment on Friday morning. On Friday afternoon, other matters will be addressed, as well as the summary of the chair and the recommendations to be sent to the General Assembly.

GRULAC asked that on Friday afternoon a short briefing be provided by the WIPO secretariat on the progress of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

A number of side events [pdf] are also being organised this week.

William New contributed to this report.

 

Image Credits: WIPO