Knowledge Ecology International

At 12:56 AM on 3 May 2014, WIPO’s Copyright Committee, (SCCR27) could not reach agreement on the future work on “Limitations and exceptions: libraries and archives.” The main point of contention was “text-based work” which the European Union sought to excise from the text. Consequently, the Committee was at an impasse in developing an appropriate international legal instrument (in whatever form) on copyright exceptions and limitations for libraries and archives (whether model law, joint recommendation, treaty and/or other forms). Continue Reading →

ORPHAN WORKS, RETRACTED AND WITHDRAWN WORKS, AND WORKS OUT OF COMMERCE
May 1, 2014 SCCR TOPIC 7

The discussion regarding orphan works included the rather difficult and political topic of moral rights and the right to withdraw a work from circulation. Can a library reproduce and make available a work that the author wants withdrawn from the public?

For example the Africa group had proposed:

Right to Access Retracted and Withdrawn Works
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KEI and other NGOs attending SCCR 27 have been able to make interventions on various articles in the proposed library treaty. On the issue of library access to orphaned works, KEI’s intervention covered the following points, and made a proposal for text.

1. There is ample evidence that national approaches to providing access to orphan works is quite diverse.
2. The diversity of approaches have been used by some to express pessimism that this issue can be addressed in a treaty.
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If the Broadcasters’treaty often appeared to be a treaty in search of a problem in the last few days (or years?), the Libraries and Archives’ problem is about a treaty in search of a solution… or maybe solutions. And if the problems (and thus solutions) were not specifically cross borders…well, the librarians and archivists of the world would not be here “en masse” testifying at the Standing Committee on Copyright and Related Rights, a Committee extremely proud to have created the WCT and the WPPT to solve the cross border issues of copyright owners.

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Orphan works are obviously the bread and butter of libraries and even more so for Archives, the very institutions that deal daily and all over the world with unpublished, anonymous but still culturally extremely valuable works. One would think that since there is little economic value for these types of works as well as an obvious international need to preserve and access these types of works, the discussions could go smoothly and result quickly in a new WIPO agreement. However, progress are slow, too slow for the good of copyright!

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On Wednesday, 30 April 2014, Kenya delivered the following statement on “Limitations & Exemptions for Libraries and Archives” on behalf of the African Group. In contrast to the European Union, the African Group underscored the point that copyright limitations and exceptions

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After 3pm the SCCR 27 (April 30, 2014) turned to Topic 2: Libraries and archives

In brief, countries supporting progress on a binding instrument on limitations and exceptions for libraries and archives include the Africa Group, Iran, Mexico, India, Bangladesh, Brazil, Ecuador, Morocco, Russia, Tunisia, Chile, Congo…

Representative quote of a proponent:
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