This was just passed out upstairs. There is now a proposal on TPMs by Australia, Switzerland, Argentina, Ecuador, Canada, Chile, Brazil, Holy See, Japan, India, African Group, Guatemala, Bangladesh, China, Kenya, South Africa, Morocco, to address TPMs with a single sentence, and it is quite good:
Proposal by Australia/Switzerland/Argentina/Ecuador/Canada/Chile/Brazil/Holy See/Japan/India/African Group/Guatemala/Bangladesh/China/Kenya/South Africa/Morocco
A Member State/Contracting Party shall ensure effective and necessary measures in accordance with that Member State/Contracting Party’s national copyright law regarding technological protection measures such that beneficiary persons are not prevented from enjoying limitations and exceptions under this instrument/Treaty.
Only the USA is blocking consensus on this.
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June 19, 2013 – 21:00
ARTICLE F
OBLIGATIONS CONCERNING TECHNOLOGICAL MEASURES
Alternative A
1. Member States/Contracting Parties should/shall ensure that beneficiaries of the exception provided by Article C are not prevented from enjoying the exception in the exception where technological protection measures have been applied to a work.
2. A Member State/Contracting Party may fulfill Article F(1) by permitting, under its national copyright law, circumvention of technological protection measures for the purposes of, and to the extent necessary for benefiting from an Article C exception. Member States/Contracting Parties may encourage rightholders to take adequate, effective and readily accessible voluntary measures to ensure the exercise of limitations and exceptions by beneficiaries.
Alternative B
Where the national law of a Member State/Contracting Party provides adequate legal protection and effective legal remedies against the circumvention of technological measures, a Member State/Contracting Party should/shall/may adopt effective and necessary measures to ensure that a beneficiary person may enjoy limitations and exceptions provided in that Member State’s/Contracting Party’s national law, in accordance with this instrument/Treaty, where
technological measures have been applied to a work and the beneficiary person has legal access to that work, in circumstances such as where appropriate and effective measures have not been taken by rights holders in relation to that work to enable the beneficiary person to enjoy the limitations and exceptions under that Member State/Contracting Party’s national law.
Australia/Switzerland/Argentina/Ecuador/Canada/Chile/Brazil/Holy See/Japan/India/African Group/Guatemala/Bangladesh/China/Kenya/South Africa/Morocco Proposal:
A Member State/Contracting Party shall ensure effective and necessary measures in accordance with that Member State/Contracting Party’s national copyright law regarding technological protection measures such that beneficiary persons are not prevented from enjoying limitations and exceptions
under this instrument/Treaty.
US Proposal:
(1) Contracting Parties should take steps to ensure that technological measures applied by rightsholders to protect their works do not prevent beneficiary persons from enjoying the exceptions and limitations set out in this Treaty consistent with paragraph (2).
(2) Where the national law of a Member State/Contracting Party provides adequate legal protection and effective legal remedies against the circumvention of technological measures, a Member State/Contracting Party should/shall/may adopt effective and necessary measures to ensure that a beneficiary person may enjoy limitations and exceptions provided in that Member State’s/Contracting Party’s national law, in accordance with this instrument/Treaty, where technological measures have been applied to a work and the beneficiary person has legal access to that work, in circumstances such as where appropriate and effective measures have not been taken by rights holders in relation to that work to enable the beneficiary person to enjoy the limitations and exceptions under that Member State/Contracting Party’s national law.