This is the statement the United States of America delivered on behalf of the US government at the WIPO General Assembly, on the work program for the Standing Committee on Copyright and Related Rights (SCCR) on Tuesday, 5 October 2021. The United States reiterated its support for “updating protection for broadcasting organizations in the digital age.” While noting that virtual meetings were “not an appropriate format for the give-and-take necessary for negotiating the text of a treaty”, the United States expressed its commitment to “resuming text-based negotiations when it is safe to do so.”
In relation to WIPO engaging in normative work on copyright limitations and exceptions, the United States stated:
The United States believes that the current international framework for copyright exceptions and limitations provides the flexibility, consistent with well-established international standards, for countries to adopt exceptions and limitations to advance their own national social, cultural and economic policies.We therefore do not think it is advisable for WIPO to engage in norm-setting work that would impose minimum requirements in this area.
Protection of Broadcasting Organizations
- The United States continues to support updating protection for broadcasting organizations in the digital age. Given the complexity of the issues, both legally and technologically, we also note that delegations are taking the time needed to deliberate on these complex questions.
- The United States participated in the “Friends of the Chair” meetings on April 12 and June 18, which were convened by Acting SCCR Chair Aziz Dieng with the assistance of Vice Chair PeterLabody. We are very appreciative of their efforts.
- The United States, like many other delegations, believes that a virtual meeting is not an appropriate format for the give-and-take necessary for negotiating the text of a treaty. Nonetheless, we look forward to resuming text-based negotiations when it is safe to do so
Copyright Exceptions and Limitations
- The United States believes that the current international framework for copyright exceptions and limitations provides the flexibility, consistent with well-established international standards, for countries to adopt exceptions and limitations to advance their own national social, cultural and economic policies.We therefore do not think it is advisable for WIPO to engage in norm-setting work that would impose minimum requirements in this area.
- At the same time, the United States believes that an informed discussion of exceptions and limitations within the SCCR is very useful to Member States who are interested in tailoring exceptions and limitations to their own needs and circumstances.
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Building on the productive discussions of exceptions and limitations in Singapore, Nairobi and Santo Domingo, and at the International Conference on Exceptions and Limitations in Geneva in 2019, the United States believes that holding a number of regional consultations to deepen the understanding of Member States on the operation of copyright, related rights, and exceptions and limitations during the pandemic at the national level may warrant further discussion and serious consideration at future sessions of the SCCR.