SCCR 20: Draft Conclusions

World Intellectual Property Organization
Standing Committee on Copyright and Related Rights (SCCR)
Twentieth Session
Geneva, June 21 to 24, 2010

Draft Conclusions

PROTECTION OF BROADCASTING ORGANIZATIONS

1 The Committee welcomed the first two parts of the Study on “the Socioeconomic Dimension of the Unauthorized Use of Signals” (document SCCR/20/2) addressing current market and technology trends in the broadcasting sector and unauthorized access to broadcasting signals. It noted with satisfaction the forthcoming third part of the study to be presented to the Committee at its 21st session. It requested the Secretariat to present at its subsequent meeting an analytical document outlining the main conclusions of the three studies.

2 The Committee took note of the informal report presented by the Delegation of Mexico on the regional seminar for Latin American and Caribbean countries which took place on May 31 and June 1, 2010 and requested the report to be made available to the delegations.

3 The Committee reaffirmed its commitment to continue work towards developing an international treaty to update the protection of broadcasting organizations, addressing present and emerging technological issues while taking due account of the protection of the public interest and access to information. It looked forward to the outcome of further regional consultations to take place at request of Member States.

4 The Secretariat was invited to organize, in Geneva, informal consultations to address the outstanding technical issues contained in the 2007 mandate of the General Assembly, including the notions of ‘signal-based’, objectives, specific scope and object of protection, as well as any other technical issue not yet sufficiently clarified, in order to suggest an understanding of these concepts to the next session of the SCCR.

5 The protection of broadcasting organizations will be maintained on the agenda of the 21st session of the SCCR.

PROTECTION OF AUDIOVISUAL PERFORMANCES

6 The Committee reaffirmed its commitment to work on developing the international protection of performances in audiovisual media;

7 The Committee expressed its appreciation to the Secretariat for the regional meetings on the protection of audiovisual performances that were taking place at request of Member States during 2010;

8 The Committee thanked the Secretariat for organizing Open-ended Consultations on the Protection of Audiovisual Performances in Geneva on May 28, 2010, and noted the report presented by the delegate from Nigeria who chaired the session. The Committee also noted with approval the calls for a faster pace of work towards concluding a treaty for the protection of audiovisual performances, including a timetable for new proposals, which were expressed by Member States during those Consultations;

9 The Committee considered that the nineteen articles provisionally agreed in 2000 were a good basis for advancing the negotiations on the treaty;

10 The Committee invited Member States to submit proposals for possible additional elements of a draft treaty, by July 31, 2010;

11 The Secretariat was invited to organize in Geneva informal consultations to examine the new proposals, with a view to making recommendations to the next session of the Committee. These recommendations should include a timetable for concluding the negotiations.

12 The protection of audiovisual performances will be maintained on the agenda of the 21st session of the SCCR.

LIMITATIONS AND EXCEPTIONS

13 The Committee expressed its appreciation for the documents prepared by the Secretariat concerning Limitations and Exceptions, including:

– Second Analytical Document on Limitations and Exceptions;

– Supplementary Information on Studies on Limitations and Exceptions for Educational Activities;

– Examples of Practices and Other Measures at National Level for the Benefit of Persons with Print Disabilities;

– Third Interim Report on the Stakeholders Platform;

– Report on the Questionnaire on Limitations and Exceptions.

14 The Committee welcomed the Third Interim Report of the Stakeholders’ Platform, and encouraged the stakeholders to continue the work of the platform. The Secretariat will report on the activities of the Platform during the 21st session of the SCCR.

15 With regard to the Report on the Questionnaire, the Committee requested the Secretariat to update the document to include any additional responses submitted by Member States. Member States were requested to submit replies to the questionnaire no later than July 20, 2010. The questionnaire will be available for completion on the website http://www.wipo.int/copyright/en/

16 The Committee thanked the Secretariat for organizing Open-ended Consultations on Copyright Limitations and Exceptions for Persons with Print Disabilities, which took place in Geneva on May 26 and 27, 2010, and noted the report presented by the delegate from Bangladesh who chaired the session.

17 The Committee also expressed its appreciation for the following proposals:

• Timetable for the Adoption of a WIPO Treaty for an Improved Access for Blind, Visually?Impaired and Other Reading-Disabled Persons, submitted by Brazil, Ecuador, Mexico and Paraguay (document SCCR/20/9);
• Draft Consensus Instrument, submitted by the United States (document SCCR/20/10);
• Draft WIPO Treaty on Exceptions and Limitations for the Disabled, Educational and Research Institutions, Libraries and Archive Centers, submitted by the African Group (document SCCR/20/11);
• Draft Joint Recommendation Concerning the Improved Access to Works Protected by Copyright for Persons with a Print Disability, submitted by the European Union (document SCCR/20/12).

All four proposals were presented and Member States commented thereon.

18 The Committee considered the timetable submitted by Brazil, Ecuador, Mexico and Paraguay (document SCCR/20/9), and agreed to work towards an international legal instrument taking into account the four proposals currently tabled.

19 The Committee requested the Secretariat to prepare a comparative table of the four proposals (in documents SCCR/18/5, SCCR/20/10, SCCR/20/11 and SCCR/20/12) in order to facilitate further negotiations on substantive issues, and to organize informal consultations in Geneva to advance the work towards an international consensus regarding copyright limitations and exceptions for persons with print disabilities. The consideration of exceptions and limitations for persons with other disabilities, educational and research institutions, and libraries and archives, will be pursued following a global and inclusive approach.

20 All aspects concerning limitations and exceptions will be maintained on the Agenda of the 21st session of the SCCR

NEXT SESSION OF THE SCCR

21 The 21st session of the SCCR will take place from November 8 to 12, 2010.

[End of conclusions]