This is the statement delivered by KEI at WIPO’s consideration of the Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR). There was no decision point on agenda item 29 which took note of the Report of the SCCR.
Right now, the General Assembly is considering agenda item 30 on a “Recommendation on Holding of a Diplomatic Conference on the Protection of Audiovisual Performances”. During the discussion of the SCCR, Ecuador proposed that the WIPO General Assembly convene a diplomatic conference in 2012 on a treaty on copyright exceptions for persons with reading disabilities provided that #SCCR23 reaches agreement on a negotiating text. The World Blind Union and KEI supported this proposal.
In the discussion on convening a Diplomatic Conference on an AV Treaty, Bolivia, Brazil, Cuba, Paraguay and Venezuela supported the Ecuadorean proposal. In the end, the WIPO General Assembly approved the decision to convene a Diplomatic Conference on an AV Treaty in 2012; location yet to be determined (Mexico, China or Morocco). However, from informal discussions with informed sources, it appears that Ecuador’s proposal may still be in play.
Here are some of my tweets that describes the atmosphere in the room.
- #WIPOGA2011: US on behalf of Group B: We are encouraged by significant progress. in SCCR on a path forward for AV Treaty.
- #WIPOGA2011: Group B, Substantial convergence on copyright exceptions for the blind; we need a “properly calibrated copyright system’ to find a “meaningful solution”.
- Ecuador requests #WIPOGA2011 to convene a diplomatic conference in 2012 on a treaty on copyright exceptions for persons with reading disabilities provided that #SCCR23 reaches agreement on a negotiating text for the TVI.
- #WIPOGA2011: South Africa, on behalf of African Group, “We are committed to a legally binding instrument for reading disabled persons”.
- Asian Group statement at #WIPOGA2011 on #SCCR: http://t.co/KgU70e1F
- Asian Group: “The Asian group also recognizes the on-going discussions in the SCCR on Exceptions and Limitations as a very positive development since Exceptions and Limitations bring about the necessary balance between private IP Rights and public use in the context of national public policies and development goals.”
- Asian Group: “”We hope that these discussions would lead to a suitable normative framework in the area of exceptions and limitations to copyrights.”
- Asian Group: “In this regard we welcome the work plan with a well-defined timeframe adopted at the 21st Session of SCCR for evolving a normative framework for providing exceptions and limitations to make copyright-protected works accessible to Visually Impaired Persons and other disabled groups, Libraries, Archives, Educational and Research institutions.”
- #WIPOGA2011: “Japan noted that a solution for TVI should address 3 things: 1) identify scope, 2) ensure that any instrument should not go beyond 3-step test and 3) any international instrument should provide significant flexibility to implement on domestic level”.
- Ecuador requests #WIPOGA2011 to convene a diplomatic conference in 2012 on a treaty on copyright exceptions for persons with reading disabilities provided that #SCCR23 reaches agreement on a negotiating text for the TVI.
- #WIPOGA2011: Cuba reiterates support for VIP Treaty and supports the proposal of Ecuador (on convening a Dip Con on TVI in 2012).
- #WIPOGA2011: WIPO GA has finished discussing SCCR; now they are discussing recommendation on convening an AV Treaty in 2012.
- #WIPOGA2011: Mexico and China offer to host AV Treaty.
- #WIPOGA2011: In discussion of decision point of convening AV treaty, Brazil supports Ecuadorean proposal (with respect to convening Diplomatic Conference on TVI in 2012).
- Brazil, Paraguay and Venezuela supports Ecuadorean proposal on convening a Diplomatic Conference on TVI in 2012.
- #WIPOGA2011: Venezuela insisting on setting up a date for convening a Diplomatic Conference on the TVI.
- #WIPOGA2011: Bolivia supports Ecuadorean proposal (on a Diplomatic Conference on TVI).
- #WIPOGA201: WIPO agrees to convene a Diplomatic Conference on an AV Treaty in 2012. Location to be determined.
Statement of Knowledge Ecology International
49th Session of the WIPO ASSEMBLIES
Thursday, 29 September 2011Item 29: Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR)
Thank you Mr. Chair for providing Knowledge Ecology International with the opportunity to discuss the work program of the SCCR.
Echoing the proposal of Ecuador, underscored by the Senator Harkin’s and Senator’s Sanders’ letter to the USPTO and WBU’s statement, we would ask that this General Assembly agree that IF a diplomatic conference takes place for AV performances, AND IF the SCCR agrees that the there is sufficient agreement on the negotiating text, the agenda of that diplomatic conference be broadened to include the WIPO treaty for persons who are Blind or have other disabilities.
Our general statement also mentioned that we do not support work on broadcasting treaty, until the proponents can more clearly link an identified problem to a least harmful remedy, and until WIPO conducts an economic impact analysis.
Some of the advocacy for a broadcast treaty focuses on sports broadcasting, It may be more useful for WIPO to consider a more limited treaty on sports broadcasting, than something that is broader, more costly and less acceptable to copyright owners and consumers.
As regards the broader access to knowledge issues in WIPO, KEI encourages the SCCR to examined the earlier failure to address these issues, in the 1971 Appendix to the Berne. Experts agree that the 1971 Appendix failed to achieve its purpose, but the SCCR has never focused any of its attentions to this failure, or the possible forward looking remedies to this failure.
What the SCCR is struggling with is an important issue. We do not want to choose between unlawful access and lawful non-access. The SCCR needs to consider movement toward lawful access. In some cases, this will evolve via better business models. In other cases, copyright will change, from a set of exclusive rights to rights of remunerations. In yet other cases, exceptions to rights will be important. All of this is already part of the modern copyright system, but the balance between the regimes needs to be re-examined. In the end, lawful access should be the standard of a good law. This has two parts. People should respect the law. And those who obey the law should have sufficient access to protected works.
KEI also calls attention to a serious issue. The recently negotiated ACTA agreement and several FTA agreements are proposing new rules for copyright damages that go beyond the TRIPS Agreement, and which present risks to social networks, innovative services, and access to orphan works.