SCCR 30 Day 1 June 29, 2015
The SCCR 30 started with the same industry representatives we usually meet here: the MPA, FIJ, IAF, CISAC, Croplife, IFPI, ABA etc… There are also quite a large group of library and archives representatives (IFLA, eifl, Archives etc). However there are many empty chairs for the public interest or pro development NGOs. Some might arrive later?
After a not surprising election of the (usual) chair and vice chairs “Martin Moscoso (Peru). and Santiago Sanpiro, of Ecuador to be one of the vice chairman of the meeting”, the Chair took the floor. He went over the agenda: half the week on the broadcasting treaty and half the week on the 2 other topics Limitations and exceptions for libraries and archives and for educational instititions. But we started with an information session (until 4pm) on broadcasting.
CHAIR: Good morning Director General. Good morning, Mrs. Lear. Good morning, distinguished delegates and good morning to the Secretariat and the team led by Michele. Good morning to each of you. I want to thank all of you for the trust you have deposited on me again and hopefully this will mean that you are ready to work jointly in having an outcome that can make us proud as a result of a common effort to tackle the complex issues that we are facing with the expectation to reach a consensus coming from your different contributions. Thank you very much for that.
Regarding the agenda that we are now entering into work, our regional coordinators and group representatives agreed that the members will continue to work on all subjects on the draft agenda of the 30th session of the SCCR. Discussions will be based on our working documents which constituted the basis of discussions undertaken by this committee in this previous session and documents and proposals submitted for this session. Of course, you can decide to take any further proposals into account at any time.With reference to the protection of broadcasting organizations, as requested by the committee during the last session, the Secretariat set up the information session today, inviting technical experts from developing and less developed countries.
The objectives of this information session is to address some of the technical issues considering the discussion that were requested by different Distinguished Delegates, and to clarify specific questions raised by Member States.
Of course, we will start our agenda and we will stop five minutes before 11:00 for the broadcasting information session and then we will continue our work on the agenda items while the information session ends at 4 p.m. For the scheduling of work at SCCR30s. Regional coordinators, wanted to split between the two topics. As discussions with the regional coordinators, first half of the week is broadcasting and the other half of the week, we will discuss the topics of limitations and exceptions and educational and research institutions and persons with other disabilities.
Japan for Group B (which includes the US, Europe, Australia, Canada, Japan) took the floor. No real surprise here either. The group B is pushing for a broadcasters’ treaty. I was somewhat surprised by the many code words indicating that internet transmission will probably be included in the proposal (and this right off the bat at the start of the SCCR). However, when it came to limitations and exceptions, the Group B was also clear. It will be content if the committee provides only “informative reference for policymakers” and does not even talk about anything like harmonization.
… We are looking forward to fruitful discussion at this session under your guidance. Our congratulations also goes to the election of vice chair. Our group would also like to take this opportunity to thank the Secretariat for their work for this session. Mr. Chair, Group B continued to attach importance on the negotiation of the treaty for the protection of broadcasting organizations. WIPO as a specialist agency of intellectual property has a responsibility to continue to be relevant with the evolving environment of the real world, for example, due to the advancement of technologies.
And in order to maintain such relevancy, this organization has to continue to hear the voices of the real world and respond to developing demands in various fields, including non-setting activities in a timely and appropriate manner. No one questions the significant economic value of broadcasting. The value is one of the demands to which this organization is required to respond. In this regard, we, Member States have to find a solution which fits with the current environment through the consideration on its own merit without letting our solutions become outdated before they have effect.
It is only Member States who can ultimately agree practical and meaningful solutions and maintain the relevancy of this committee and the organization.
Our group looks forward to the presentation of the update of the study and the information session by technical expert on the technical aspects of subject matters with which we have struggled for a long time. We believe that those exercises could further deepen our understanding on some technical issues which have emerged at the informal discussions through the use of technical working non-papers in recent session, and through which we could contribute to forming the basis for further legal work for the Broadcasting Treaty. It should be kept in mind that the critical phase is the technical understanding on subject matters to the legal understanding and language, which consists of treaty text and therefore, due consideration should be paid to this fact in any kind of exercises at the session, in order to take maximum advantage of those technical exercises for the facilitation of the negotiation process of the treaty.Turning to exceptions and limitations, Group B expects that we can find the consentual basis for our further work at this committee. The presentation by professor Kenny crews and the following intensive discussion at the last session gave us a clue to a way forward. It shows, among others, the fact that Member States needs and informative reference in order to adopt exceptions and limitations respecting the issues. It can be processed in a manner that could be an informative reference for policymakers in a more accessible and user friendly manner. Further exchange of national experiences including the process and the behind-the-scene of a collected final provisions on the limitations and exception for libraries and archives would enrich the understanding of this committee and help achieving tangible outcome of this committee. Additionally, we would like to underline that this committee should give further consideration to the objectives and the principles with exceptions and limitations as proposed by the United States with a view towards finding common ground in the committee.
Group B was followed by Romania [on behalf of CEBS Central Europe and Baltic state]. The CEBS group is also supporting more “progress” for the broadcasting treaty. Regarding limitations and exceptions for libraries or for education, the group “would like to exchange best practices since it became clear that engaging into normative work would not enjoy the support of a significant number ever Member States.”
Mr. Chairman, this meeting looks promising and challenging at the same time. We will have a time to hear new informative presentations on digital broadcasting and updated studies on broadcasting organizations, and limitations and exceptions. Hopefully all of this additional information will help us move forward. For the CEBS groups, remains a high priority and also an attainable goal in the neat future. Discussions have progressed over the last sessions due to the non-papers that were committed. New media platforms have become a common mechanism of signal delivery for broadcasting organizations in the 21st century, it should be a missed opportunity not to include modern and adequate protection provisions.
We would support a forward-looking approach that would take into account the technical progress achieved regarding the broadcasting system so far. As for limitations and exceptions I would like to indicate our readiness to be constructive and make the best of our time in this session. We appreciate the updated study produced by Kenneth Crews on limitations and exceptions for libraries and archives and expect, again, a beautiful discussion on this basis.
We also believe that it would facilitate progress on this issues if the committee would agree on common objectives. As it resulted from the previous discussions there is surely a role for WIPO in this field, but it depends on us to identify it. We would like to exchange best practices since it became clear that engaging into normative work would not enjoy the support of a significant number ever Member States.
The same approach applies in our view to the topic of limitations and exceptions for educational and research institutions and for persons with disabilities.
NIgeria on behalf of the Arfrica group made the most interesting statement this morning asking for equal progress (and time) for the 3 item on the agenda.
NIGERIA: […]Mr. Chairman, it is not news that WIPO’s normative work is in crisis. The Africa group position and the work going on in this committee has been repeated severely and we know that the 2014 General Assembly clarified this problem, if it was ever in doubt. The failure to reach an agreement on the way forward and the issues was one of the vital outcomes. The SCCR could not reach an agreement at this 29th session in 2014. And WIPO being a Member States driven organization places on us the confidence and the responsibility to act in the interest of all stakeholders who look to the work undertaken in this committee for direction.
…We look forward to a week that produces clear direction and discussions on on a Diplomatic conference on protections of broadcasting organization that’s in conformity with the 2007 general assembly mandate. We look forward to exceptions and limitations on libraries and archives and exceptions and limitations on educational and research institutions and persons with other disabilities. The Africa group looks forwards the establishment of the legal instruments on these three subjects. We know that while work has progressed on further aspects, the equally critical work on exceptions and limitations continue to be vulnerable to indecisiveness and clear commitment towards an effective outcome.
At this juncture, the Africa group request, equal time is given to all three agenda items of the committee. The Africa group welcomes professor Crews, Kenneth Crews which contains information on the copyright trends on all Member States. We hope that the updated study can impact our work and providing important insight on the needs and the gaps and the limitations.
We also look forward to discussion or presentation of the study on copyright exceptions for museums for the value it could add to our work. We seemingly look forward to the presentations and panel discussions on technological trends in the field of broadcasting. We hope that the knowledge gained from that exercise can assist or inform discussions on broadcasting organizations. Finally, Mr. Chairman, the Africa group is mindful that the SCCR is [not] the only issue before the General Assembly and it’s important to articulate the way forward for this committee in the form of recommendations to the assembly. We look forward to engaging constructively on the issues. I thank you.