Library & Archive exceptions at WIPO: Notes from SCCR 26 December 19, 2013 morning session

This morning the WIPO SCCR is going through the list of the following topics:

Topic #1 Preservation
Topic #2 Reproduction and safeguarding of copies
Topic #3 Legal Deposit
Topic #4 Library Lending
Topic #5 Parallel Importations
Topic #6 Cross-border uses
Topic #7 Orphan works, retracted and withdrawn works, and works out of commerce
Topic #8 Limitations on Liability of libraries and Archives
Topic #9 Technological Measures of Protection
Topic #10 Contract
Topic #11 Right to translate works

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United States’ Opening Statement on Exceptions and Limitations SCCR 26 December 18, 2013

This was delivered this morning, by Shira Perlmutter of USPTO.

United States’ Opening Statement on Exceptions and Limitations SCCR 26 December 18, 2013

* The United States starts with the recognition that exceptions and limitations are a critical element of a balanced and vibrant copyright law regime.

* A combination of strong protections for authors, and appropriate exceptions and limitations on their rights, together serve to further copyright’s goals of encouraging creativity, innovation, and learning.

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Draft Conclusions on the Protection of Broadcasting Organizations

The following draft conclusions were distributed during the morning session (18 December 2013) of Wednesday’s SCCR. There will be changes before they are approved.

CONCLUSIONS ON THE PROTECTION OF BROADCASTING ORGANIZATIONS

1. The Committee considered the working document SCCR/24/10 Corr., as well as the proposal submitted by the government of Japan, document SCCR/26/6. In addition, the Committee took note of the working document containing the proposal from the government of India.

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Broadcasting Treaty Negotiations at WIPO SCCR26 Day 2 Morning Session

The morning session was a continuation of yesterday informal regarding scope and beneficiaries of the proposed treaty. The delegates also discussed the 4 topics of the Japanese non paper which dealt specifically with webcasting. The second part of the morning session was about Article 9 which deals with what rights would the Broadcasting organisations acquire and be protected by the proposed treaty.

According to WIPO Secretariat’s summary, the four topics from the nonpaper from Japan and the general views of the delegates were:
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US proposes a “single right” which excludes post-fixation rights and opens door to retransmission over any medium

During discussions at the WIPO Standing Committee on Copyright and Related Rights (SCCR) on the broadcasting treaty, the following proposal of the United States (on Article 9-Protection for Broadcasting Organizations) was distributed in the plenary (following requests by Kenya and Ecuador to see the proposal in writing). Continue Reading

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Michelle K. Lee to become Deputy Director of the USPTO. A very high tech appointment (and that is a good thing)

USPTO has issued a press release, announcing the appointment of Michelle K. Lee as Deputy Director of the USPTO, beginning in January 13, 2014. Currently Lee is the Director of the USPTO’s Silicon Valley satellite office. The White House reportedly wanted to appoint Lee as the Director, but may have seen the Deputy position as less controversial. For the near future, Lee will be running the USPTO, and will be the most sophisticated person as regards technology to do so, at least in our memory. According to the USPTO Press Release:
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29 Organizations and More than 70 Individuals Sign Letter Opposing Life Plus Seventy Year Copyright Term in TPP

29 organizations and more than 70 individuals signed on to the final letter opposing copyright terms of life plus seventy years in the Trans-Pacific Partnership Agreement (TPP). A PDF version of the final letter is attached below. An earlier version of the letter with a substantial number of signatures was sent to all lead IP negotiators and all chief negotiators in the TPP on Friday, 6 December 2013, in advance of the TPP ministerial.

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TPP: Waxman letter to USTR opposing 12 year term of biologics exclusivity

In a 6 December 2013 letter, Representative Henry Waxman wrote to USTR Ambassador Michael Froman opposing USTR’s proposal of a term of 12 years of exclusivity for biologics in the Trans Pacific Partnership (TPP). The letter notes,

[w]hile I have worked closely with Senator Hatch on important health issues, including the generic drug law that we co-authored in 1984, I strongly disagreed that the United States should be proposing twelve years of exclusivity.

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