[A2k] CSC statement at SCCR on Limitations and Exceptions

[Sangeeta]

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Sangeeta



Statement of Civil Society Coalition (CSC) on Limitations and Exceptions

WIPO SCCR

November 22, 2005



CSC welcomes the work by the SCCR on the issue of limitations and exceptions
to copyright and related rights and notes the leadership of Chile in putting
this topic on the agenda.



It is the view of many academic experts and stakeholders that the
limitations and exceptions to rights of copyright holders are essential if
the copyright regime is to be consistent with the public interest, human
rights, and the promotion of new creative activity.



Limitations and exceptions to copyright are areas where the right- owner
rights do not extend, or are limited.



These limits and exceptions are important for consumers and also for persons
who seek to create new works or promote access to works including through
new technologies.



The session yesterday focused needed attention on the important problems
facing libraries schools and persons with handicaps including the blind.
But of course these issues are much broader and concern everyone who seeks
access to knowledge.



Consider two areas that involve new technologies.  Today millions of persons
including virtually everyone in this room makes extensive use of Internet
search engines include services run by companies such as Google, Yahoo,
AltaVista or Microsoft, to mention a few.  These for-profit entities make
copies of billions of copyrighted works from Internet web site without prior
licenses from the owners of the copyrights.   The works are put into large
databases, which then allow the public, including you and me, to search for
all sorts of information by using key words.



Most of us take for granted the use of these search engines, and use them
all the time.   But these search engines can only exist if we consider what
they do to be consistent with national copyright laws, in particular with
the limitations and exceptions to the exclusive rights of copyright owners.




Today Google is involved in a very important dispute over a new service
called Google Print.  Google wants to scan millions of books, many out of
print or otherwise nearly impossible to find, and to allow the public to
search the text of these books using key-words.  Google then would make
available small parts of the text, and provide information about where one
could buy the entire work, or sections of the work, either in print or
electronic form.



What Google seeks to do is a great service for the public and a great
benefit to authors who can more easily connect with readers.



Sales of works under Google Print would only be with the permission of the
copyright owners and Google allows all copyright owners to remove books from
the database if they do not want to participate.  But Google Print is under
attack from publishers, who want to make Google first seek permission before
including books into their databases.



The Google Print case is extremely important.   It not only raises questions
about the new service, involving books, but also the older service  -- the
one that searches web pages -- which millions of persons use every day, and
depend upon for access to knowledge.



Search Engines like Good, AltaVista, Yahoo, or MSN Search would be far
different, and far less useful, if they only included works for which the
search engine first obtained prior approval.   This is clear to everyone.



WIPO should commission a study, and have an information session on the
limitations and exceptions that are essential for modern search engine
services, including but not limited to Google Print.  These efforts should
investigate the impact on the public of different legal regimes, and in
particular, consider the role of limitations and exceptions in promoting
investment into services that promote access to works, including so called
"orphaned" works.



WIPO is an appropriate body to address these issues, because it involves the
need for global standards that promotes access to knowledge.



Another area where new technologies are quite important are the cases where
digital works can be protected by technical protection measures -  called
TPMs -- and Digital Rights Management schemes -- called DRMs.



The evidence today is that TPMs/DRMs is being used to redefine consumer
rights, and to radically change the public's right of access to works under
traditional copyright law ---leading to higher prices, less access and
problems that we are only beginning to understand.



Think about what is at stake.  All of the traditional limitations and
exceptions for educators, libraries, the blind, news organizations, can be
undone by tough TPM and DRM laws.  Works can be protected beyond copyright
terms, and lost forever once the technologies and keys to unlock them are no
longer available.  Works that everyone used to be able to own will now only
be available for rent for very limited and sometimes temporary uses.



WIPO is an appropriate body to study the impact of TPM and DRM Technologies
on the public because these are global issues. TPM and DRM standards are
designed to work in many countries.  The decisions about the TPM and DRM
architecture and use concern us all.



These two examples illustrate why it is so important for WIPO to begin
discussions on a global treaty on Access to Knowledge (the A2K Treaty).



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