[A2k] Public Knowledge statement on limitations and exceptions at WIPO SCCR 16

[Sherwin Siy]

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[ Picked text/plain from multipart/alternative ]
*Statement at WIPO SCCR 16 by Public Knowledge on Exceptions and Limitation=
s
to Copyright and Related Rights*

On behalf of Public Knowledge, I would like to thank the Chair, and offer
our congratulations on your election, as well as the election of the
vice-chairs. Public Knowledge is a non-profit organization dedicated to
ensuring a vibrant information commons. We look forward to the continuing
work of this Committee upon the important work of exceptions and
limitations, and thank the Brazilian, Chilean, Nicaraguan and Uruguayan
delegations for their excellent proposal.

As technology advances, methods of reproduction and distribution become mor=
e
available to the general public. Advancing technology also makes it easier
to restrict both institutional and individual uses of works.

With these developments, it is ever more important to clarify the extent of
the exclusive rights of authors. Establishing these metes and bounds will
help ensure that users of works=97the general public=97may also be secure i=
n our
rights and freedoms to access, enjoy, and be inspired by these works.

By establishing the justified uses for copyrighted works, limitations and
exceptions create a well-defined space for users to access works while
knowing that they are acting within the law. Explicitly recognizing
justified, unauthorized uses for works can also help to draw a line between
these and unjustified, unauthorized infringement.

It is necessary to update and clarify minimum standards and principles for
exceptions and limitations. This will better allow us to deal with the new
challenges created by digital media, including technological protection
measures and the rapid copying, storage, and transmission of data.

The environment created by these changes is a complex one, but the digital
realm cannot be practically quarantined from the analog. If copyrights,
related rights, or exceptions and limitations apply to works, they should
apply to *all* works. The barrier between words printed on a page and those
saved on a hard drive is permeable and grows only more so with time.

The fact that there are differences of interpretation at some margins of
uses traditionally accounted for by exceptions and limitations should not b=
e
a barrier to clarifying, and indeed harmonizing, the best-established or
best-justified lawful uses both in traditional media and in the digital age=
.
Sharing information on national policies on limitations and exceptions and
their fit within international law is an important first step to
constructive work on these issues.

Beginning with the standpoint of rightsholders, the international dialogue
has come to consensus on a number of *minimum* rights for rightsholders.
Beyond those minimums, there is room for diversity and occasional
disagreement in the level of rights asserted. Starting from the standpoint
of users, member states should be able to come to consensus on a number of =
*
minimum* exceptions and limitations, while leaving room for flexibility and
diversity as well.




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Sherwin Siy
Staff Attorney
Public Knowledge
202.518.0020