Standing Committee on Copyright and Related Rights – Page 3

WIPO to discuss library and archive copyright provisions

Some interesting proposals will soon be under discussion at the World Intellectual Property Organization that could free libraries, archives, educational and research institutions, and people with disabilities from copyright provisions that hamper their ability to make use of copyright works.

The World Intellectual Property Organization’s committee on copyright meets this upcoming June 29 to July 3. Three main topics will be under discussion: first, the possible establishment of a treaty granting intellectual property protection for broadcasting organizations; second, the possible establishment of an international instrument setting out copyright limitations and exceptions for libraries and archives; and, third, the possible establishment of an international instrument setting out limitations and exceptions for educational and research institutions and for persons with other disabilities.[1]

The need for limitations and exceptions by libraries was laid out in 2011 by a number of library organizations, which noted that:

preservation of print and digital materials is a matter of increasing concern as “born digital” documents must be retained, print documents must be preserved and sometimes repaired, and digital lock increasingly make the job of preservation difficult or impossible.
libraries and archives must increasingly collaborate across institutions and borders, and copyright law must “catch up” to reflect this.

They suggested that an international treaty could enable libraries and archives to better preserve works; to support education, research, private study; and to support people with disabilities in accessing content (p. 5).

Currently two sets of proposals, one by the USA, and the other by the African Group, Brazil, Ecuador, India and Uruguay, are on the table for discussion. Both sets of proposals would:

encourage copyright regimes that would enable preservation;
encourage legal deposit regimes; and
encourage limitations on liability for libraries and archives acting in good faith.

However, the proposals of the African Group, Brazil, Ecuador, India and Uruguay go much further to also encourage countries to enable:

acquisition of works by libraries via parallel import where a member state does not provide for international exhaustion;
cross-border use of works between library and archive institutions;
libraries and archives to reproduce and make available orphan works;
circumvention of digital locks for the purposes of making use of limitations and exceptions outlined in the instrument;
elimination of the contractual overrideability of limitations and exceptions; and
libraries and archives to translate works for the purposes of teaching, scholarship and research.

It is expected that at the next session discussion will continue on these proposals, and that an additional document by the chair will also be discussed (13).

[Original post available here.]

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[1] Knowledge Ecology International provides extensive information on the first topic.

The broadcasting discussions have been ongoing for ten years, as was noted by the Brazilian delegate at the last meeting of the committee (Draft report, p. 17). The latter two sets of discussions have gathered some momentum after the successful adoption of WIPO’s first treaty on limitations and exceptions for the visually impaired.

Little Progress at SCCR

There was again no real progress after another effort to concretize the future work of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR). The inability to arrive at any conclusions was due to tension between the positions of developing and developed nations.

The Twenty Seventh Session of WIPO's Standing Committee on Copyright and Related Rights — Photo: WIPO – Emmanuel Berrod

The 27^th meeting of the SCCR took place from April 28^th to May 2^nd, 2014. The week began with the discussion of rights for broadcasters and ended with exceptions for libraries and archives. With developing nations trying to obtain more beneficial rights regimes and developed nations trying to maintain current states of affairs which are advantageous to them, both topics ended at a stalemate.

Developing countries hope to produce a treaty that would allow exceptions in copyright for libraries and archives. This proposal was most strongly and vocally opposed by the European Union (IP Watch). Delegates from the EU were adamant about the removal of references to copyright exceptions in ‘text-based’ work relating to libraries and archives. This was seen by other delegates and library and archive NGOs as an attempt to slow or completely halt any progress on making exceptions to copyright (IFLA).

Delegates were also slow to come to any agreement in terms of broadcasters’ rights. This slow progress was attributed to the highly technical nature of the terms being discussed. Informal consultations were said to have brought many of the delegates up to speed on these matters (IP Watch). Most of the conclusions presented were accepted after changes to just about every paragraph. Nevertheless progress was made towards an international treaty to protect broadcasters’ rights.

Libraries Decry Digital Locks

A meeting at the World Intellectual Property Organization last week on a possible international treaty or international instrument that would enable libraries and archives to better preserve cultural heritage and better enable access to information by people around the world ended in stalemate.

This outcome was unfortunate for developing countries as well as library and archive NGOs who feel the direct pressure of the rigidity of national intellectual property laws. On behalf of the Canadian Library Association, Margaret Ann Wilkinson made a statement at the meetings, noting that since 2012 “Canadian libraries’ abilities to meet the needs of our users have been compromised through the recent introduction into Canadian law of legal protection for Technological Protection Measures and Digital Rights Management” (IFLA).

Wilkinson concluded that:

an international treaty with a provision declaring states must legislate such that libraries and archives can circumvent Technological Protection Measures in order to exercise their statutory limitations and exceptions to the rights of the rights holders will restore balance. Such a treaty will allow libraries and archives, including Canadian libraries and archives, to serve their important public interest function.

Public Knowledge and the Standing Committee on Copyright and Related Rights

sccr1 — WIPO delegates at the Standing Committee on Copyright and Related Rights. (Photo: WIPO – Emmanuel Berrod)

As the year begins to come to a close, the newest session of the Standing Committee on Copyright and related rights has been convened in Geneva, Switzerland. Previously, in posts from earlier this year it was noted that during this session the SCCR plans to examine working documents for treaties such as a treaties for the protection of broadcasting organizations, limitations and exceptions for libraries and archives, and limitations and exceptions for educational and research institutions and people with other disabilities.As the year begins to come to a close, the newest session of the Standing Committee on Copyright and related rights has been convened in Geneva, Switzerland. Previously, in posts from earlier this year it was noted that during this session the SCCR plans to examine working documents for treaties such as a treaties for the protection of broadcasting organizations, limitations and exceptions for libraries and archives, and limitations and exceptions for educational and research institutions and people with other disabilities. Continue reading “Public Knowledge and the Standing Committee on Copyright and Related Rights”

A Signal Based Approach or a Signal for Concern?

In some previous posts regarding the dealings of WIPO’s standing committee on copyright and related rights readers may have noticed the mention of the resurgence of discussion related to a a treaty for the protection of broadcasting organizations. The proposed treaty, the first major overhaul to the global copyright system as it pertains to broadcasts since the Rome convention, has come under serious criticism from the Electronic Frontier Foundation, the Creative Commons, and the American Library Association, among others, primarily because of its “signal-based” approach to copyright. While the need to update and amend copyright laws for the 21^st century, particularly in regards to Internet technologies, may seem perfectly logical, the amendments being made are anything but.

So what exactly does a signal-based approach entail?

WIPO has stated that this signal-based approach shall attempt to answer key questions pertaining to the copyright of broadcast signals, particularly as it relates to the ever expanding reach of various Internet technologies and their transmissions. Broadcasters have been especially adamant that an approach similar to that used in other WIPO Internet treaties be pursued, which outlaw the breaking or circumvention of digital locks and the right for broadcaster’s to be able to encrypt such broadcasts.

While many will cite the unwavering pace of Moore’s law, and perhaps that of technology in general, as the direct reason for these amendments being “necessary,” it is also necessary that the way such amendments are drafted and implemented be heavily scrutinized. This being said, it must be noted that, if the SCCR were to pass this treaty, broadcasters would have an additional copyright over the signals that they transmit, including previously copyrighted content. This would also potentially make permissive forms of copyright, such as creative commons, non-applicable. Although much progress has yet to be made on this treaty, members of the SCCR have called for renewed negotiations regarding the treaty. After numerous complaints from broadcasting organizations, particular sports broadcasters such as the NFL (who are no stranger to quashing public access to public events), and calls from members of the committee who cited the lack of consensus on the treaty despite its place on the agenda for nearly twelve years, it would appear that the treaty for the protection of broadcasting organizations will be a major point of discussion at the current and eventually upcoming sessions of the SCCR.In some previous posts regarding the dealings of WIPO’s standing committee on copyright and related rights readers may have noticed the mention of the resurgence of discussion related to a a treaty for the protection of broadcasting organizations. The proposed treaty, the first major overhaul to the global copyright system as it pertains to broadcasts since the Rome convention, has come under serious criticism from the Electronic Frontier Foundation, the Creative Commons, and the American Library Association, among others, primarily because of its “signal-based” approach to copyright. While the need to update and amend copyright laws for the 21^st century, particularly in regards to Internet technologies, may seem perfectly logical, the amendments being made are anything but.