During the WIPO negotiations on disabilities, the White House has told U.S. Blind groups it will kill a WIPO treaty on copyright exceptions for persons who are blind or have other disabilities if the treaty covers audiovisual works, including those used in education, including distance teaching programs.
I just read from these talking points at WIPO SCCR 25, where the topic under discuss is a proposed treaty for persons who are blind or have other disabilities. (See /r2r).
1. KEI is disappointed that deaf people are left out.
2. KEI is disappointed that there is a proposal to eliminate the article on contracts. We agree with the Library Copyright Alliance that contracts are now being used to undermine exceptions. The treaty should have provisions to make it clear that governments may override exception killing contracts.
On Wednesday, 21 November 2012, the plenary of the 25th Standing Committee on Copyright and Related Rights (SCCR) resumed at 10:30 AM. After the plenary, the an ambassador-level meeting of the African Group will be held. The informals are expected to take place between 2PM to 9PM.
The November 20th text is reproduced below:
United States Four Fair Use Factors and the WTO Three-Step Test
Copyright limitations and exceptions are important limits to the exclusive rights of the copyright holder, permitting use of copyrighted works without the right holder’s permission in certain cases. Under international law, some specific limitations and exceptions exist, such as those enumerated by the Berne Convention. Continue Reading
European Union announces its mandate to negotiate a binding Treaty for the Blind
On 19 November 2012, the European Union announced to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it now had the mandate to “negotiate the conclusion conclusion of an instrument including a binding treaty” for the blind.
EUROPEAN UNION
Statement by the European Union and its Member States 25th Session of WIPO Standing Committee on Copyright and Related Rights
Mr Chairman,
WTO TRIPS Council (November 2012): Intervention of Brazil on Intellectual Property and Innovation
On 7 November 2012, Brazil delivered the following intervention under agenda item M, “Intellectual Property and Innovation”.
Statement by Brazil. TRIPS Council.
“Intellectual Property and Innovation”.Thank you Chairman,
When Brazil asked for an item on “Intellectual Property and Innovation” to be included in the agenda of this session of the TRIPS Council, together with the US delegation, its primary intention was to help set the stage for a debate, without prejudging any outcome whatsoever.
Update: WTO Trade Policy Review of Israel covers new developments on fair use, data exclusivity and parallel importation
UPDATE: On 3 December 2012, the secretariat of the World Trade Organization (WTO) released the minutes of Israel’s Trade Policy Review (WT/TPR/M/272) held on 30 October 2012 and 1 November 2012. According to the chair, Eduardo Munoz Gomez (Colombia), innovation was one of the salient points identified in the TPR noting that:
Supreme Court Hears Oral Arguments in First Sale Doctrine Case (Kirtsaeng v. John Wiley & Sons)
On Monday, 29 October 2012, the Supreme Court of the United States heard oral arguments in the first-sale doctrine case, Kirtsaeng v. John Wiley & Sons. This case involved the petitioner, Kirtsaeng, purchasing lawfully made copies of the books from Thailand and reselling these books in the United States. John Wiley & Sons asserted, and the Second Circuit agreed, that the first sale doctrine applies only to copies manufactured in the United States and does not apply to foreign made goods. Continue Reading
Statement of KEI to the 2012 WIPO General Assembly: Agenda item 26: Report on the work of the SCCR
4 October 2012
Agenda item 26: Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR)
Statement of Knowledge Ecology International
WIPO General Assembly 2012General Statement of Development Agenda Group to WIPO General Assemblies (delivered by Brazil)
The general statement of the Development Agenda Group (DAG) was delivered by H.E. Ambassador Roberto Azevêdo (Brazil) on 1 October 2012.
On the pressing issue of a treaty for copyright exceptions for the blind, the Development Agenda Group noted that,