This is the prepared statement that Iran read on Wed, which was widely praised by access to known advocates.
Iran’s Statement on the limitations and exceptions
WIPO SCCR30,
1 July 2015Mr. Chairman,
The right to science, knowledge and culture is recognized in various basic human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights.
Moreover, the Special Rapporteur of the UN Human Rights Council in the field of cultural rights has submitted a report to the Twenty-eighth session of the Council in 14 Dec. 2014. The Special Rapporteur examined copyright law and policy from the perspective of the right to science and culture, emphasizing both the need for protection of authorship and expanding opportunities for participation in cultural life. She has proposed to expand copyright exceptions and limitations to empower new creativity, enhance rewards to authors, increase educational opportunities, preserve space for non-commercial culture and promote inclusion and access to cultural works.
We believe that there is a need for protection of authorship and expanding opportunities for participation in cultural life. In this context, the limitations and exceptions are a key part of copyright law and play an essential role in creating a balance in the international copyright system with a view to empowering new creativity, increasing educational opportunities and promoting inclusion and access to cultural works.
Mr. Chairman,
The digital environment has provided new opportunities to fulfill this right including access to knowledge and exchange of information.
The copyright system has also posed new challenges in enjoying fully the right to science and culture. The existing limitations and exceptions envisaged in the current international copyright treaties do not sufficiently address emerging technological changes. This shortcoming should be rectified. The Marrakesh treaty is a good example based on which we can build on and expand and encompass other areas.
Thus, we call for pragmatic norm-setting solutions in moving towards a balanced international copy right law, for the benefit of right holders and public policy issues.
Given the importance of copyright exceptions and limitations for the right to science, knowledge, information and culture, The UN HRC Special Rapporteur recommends that WIPO members should support the adoption of international instruments on copyright exceptions and limitations for libraries and education. And she also recommends that the possibility of establishing a core list of minimum required exceptions and limitations incorporating those currently recognized by most States, and/or an international fair use provision, should also be explored.
Therefore, my delegation strongly supports the establishing a legally binding international instrument for limitations and exceptions for libraries and archives and also research and educational institutions that those institutions are important in giving people access to information, knowledge and culture. Such a legally binding instrument would make it possible to meet the needs of all countries in terms of digitization work and would pave the way for the access of people to the information and knowledge and to realize the important parts of human rights.
Mr. Chiarman,
As a matter of fact and in order to fulfill the mandate of GA and come up with a concrete proposal to establish an international instrument for limitations and exceptions for libraries and archives, as Many Delegations reiterated in the previous and current sessions, the Committee should expedite the process and start text based negotiation and an article discussion on each identified topic contained in the working document. My delegation supports the proposal made by the Pakistan on behalf of Asian Group that the Committee should consider appointing facilitators or friends of chair to develop working text for the exceptions and limitations from the documents at hand.
Finally, Mr. Chairman, there are 3 subject under agenda, namely Protection of broadcasting organizations, Limitations and exceptions for libraries and archives and Limitations and exceptions for educational and research institutions and for persons with other disabilities. For making a balance on ongoing debates in the committee, as African and Asian Groups proposed to allocate equal time for all Items under discussions in the next session of the committee, we strongly support this proposal.
Thank you