[A2k] CI / TACD Statement on copyright limitations & exceptions (16th WIPO SCCR)

[Anne-Catherine Lorrain]

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CI Statement to the WIPO Standing Committee on Copyright and Related Rights=
 (SCCR)



March 11, 2008





Thank you Mr Chairman. We would like to congratulate you and the vice chair=
s for your election.



We would also like to thank the Delegation of Chile for its proposal, which=
 we consider extremely positive in this debate.



We highly welcome the proposal of the Standing Committee to prioritize the =
work of WIPO to open a space to discuss limitations and exceptions in order=
 to make progress towards achieving consensus on minimum international stan=
dards.



Today everyone knows about the general awareness regarding the rights of us=
ers of protected content, commonly called 'user rights', certainly because =
we are all users of protected subject matters. Nonetheless, not only referr=
ing to fundamental freedoms and rights, we believe that a reasonable reasse=
ssment of copyright and related rights limitations and exceptions shall be =
possible within the framework of international copyright regulation.



A new framework for a dynamic evaluation of how global copyright norms can =
be most effectively translated into a credible system that appropriately va=
lues author and user rights, is a necessity. The need to delineate the bord=
er between protected subject matters and the public domain and the need to =
frame the latitude left by International conventions to member States to li=
mit exclusive rights of copyright right holders are widely acknowledged.



We take the international copyright acquis as our starting point. To achiev=
e the goal of restoring the balance of the international copyright regime, =
a multilateral solution - as opposed to bilateral approaches - is necessary=
. This goal cannot be achieved without WIPO.



As new technologies challenge copyright's internal balance, we strongly bel=
ieve that limitations and exceptions should today be examined not only on t=
he basis of copyright acquis, but also on the basis of user acquis.



International harmonization of minimum limitations and exceptions would als=
o further help to facilitate transborder trade and the promotion of innovat=
ion and competition in certain key sectors, while integrating public intere=
st goals in the international copyright system.



Of particular interest in terms of cross border trade are services for the =
visually impaired can be delivered across borders, Internet search engines =
can enhance access to knowledge, distance education services delivered over=
 the Internet, and the solutions to the orphan works problem, when works ar=
e published on the Internet.



The SCCR should also review the Appendix to the Berne, to see if it is nece=
ssary to consider updates of the Appendix, to reflect changes in technologi=
es. We also ask the SCCR to investigate the degree to which the Berne Appen=
dix has been a successful mechanism to deal with excessive pricing.



One or more international instruments on minimum limitations and exceptions=
 would allow a higher level of stability in the international copyright fra=
mework by the explicit promotion of the normative balance necessary to supp=
ort knowledge diffusion, while considering a satisfactory level of flexibil=
ity and of cultural autonomy of member States.



The SCCR needs to focus on a work program that will allow substantive work =
on these important issues.





Thank you for your consideration.



-------------

Anne-Catherine Lorrain

TACD IP Policy Officer

Brussels