On Friday, 12 December 2014, Martin Moscoso, the Chair of the 29th session of WIPO's Standing Committee on Copyright and Related Rights (SCCR29) released his Summary By the Chair (attached below) which contained language on the 1) protection of broadcasting organizations, 2) limitations and exceptions for libraries and archives and 3) limitations and exceptions for educational and research institutions and for person with other disabilities.

The SCCR is on its last session. The Chair has provided us with a Summary. Attached is the Item 5 or Protection of Broadcasting Organizations. More work needs to be done. Obviously.

The Chair asked for specific and brief NGOs comments on limitations and exceptions regarding education. KEI focused on the US example (110 and fair use) and the language proposed in the African group document regarding classroom use:

The last item on the SCCR 29 agenda is Item 7: Limitations and exceptions for educational and research institutions and for persons with other disabilities.

This morning on the last day of the WIPO SCCR 29, we are listening to the opening statements regarding the work on limitations and exceptions for libraries and archives. The positive buzz of yesterday's animated Q & A with Dr. Crews is replaced by the re-stating of well-known positions on the topic.

On Thursday afternoon, 11 December 2014, Bangladesh delivered the following powerful intervention on behalf of the Asia and the Pacific Group on limitations and exceptions for libraries and archives. This group includes nations such as Bangladesh, Iran, India, Pakistan, Malaysia, Singapore, South Korea and Thailand. The Asia and Pacific Group stressed that copyright limitations and exceptions were assured to developing countries and LDCs to ensure a more balanced and efficient international copyright system anchored in Article 7 of the WTO TRIPS Agreement,

SCCR29 December 11, 2014 Plenary regarding limitations and exceptions for Libraries and Archives

Attached are:

1. The SEPTA the law suit.

2. A pessimistic 2011 OECD working paper on the weak competition remedies for excessive pricing in the United States.

3. A 2012 report on a 2011 OECD policy roundtable on excessive pricing

While the many publishers representatives took the floor to explain that there are truly no problems with limitations and exceptions for libraries and archives (and anyway according to them if there are problems that can be solved with licenses), libraries & archives as well as public interest groups make their case: the committee must continue its work on limitations and exceptions for libraries and archives and find solutions.. Here are excerpts from some of the interventions:

Following Professor Crews' presentation of his updated report on limitations and exceptions (L&E) for libraries and archives, today more member states, IGOs and NGOs engaged again in an interesting Q&A. After years in this committee, I have rarely witnessed such enthusiasm and interest among all the SCCR participants about a report.

The SCCR 29 went again into informals this morning and NGOs can listen but not report on what is going on. As per the agenda, the broadcasting treaty is still the topic of discussion. While the US delegation was supporting making the charts describing the definitions, concepts and rights being discussed available to the public, there were other delegations (TBD) against it and the charts are thus still "secret".

We are reconvening into plenary after the coffee break.

Also presented during the afternoon plenary, here are 3 statements by public interest organizations, the TACD, EFF and CIS:

SCCR29 At 3pm, the plenary reconvened and the NGOs made their statements regarding the rights, definitions and concepts of the proposed broadcasting treaty discussed during the informal with the help of charts.

On the public interest side we only had KEI, TACD, EFF and CIS. I will post these statements in another blog. Here are 3 statements that are good examples of what the arguments were for the broadcasters (the European Broadcasting Union) followed by the push back by the IFFPI (representing the music industry) and finally the FIAP (film industry also pushing back).

Below is a cleaned up version of the transcript, from my rambling intervention for KEI on the broadcasting treaty definitions.

Thank you, Mr. Chairman. My comments would be initially on the definitions.

It is our position that it's more appropriate to provide protection for free services that are traditionally provided by radio and television and less appropriate for pay services,

To understand the negotiations this week at the WIPO SCCR 29, it is helpful to review an April 2014 document, endorsed by several broadcasting organizations.

The attached document* is a joint statement by 12 broadcasting organizations, on "THE OBJECTIVES, SPECIFIC SCOPE AND OBJECT OF THE PROPOSED WIPO BROADCASTERS' TREATY".