[A2k] SUNS: Copyright meeting ends, retains 3 items on its agenda

[Sangeeta]

WIPO: Copyright meeting ends, retains 3 items on its agenda
Published in SUNS #6435 dated 14 March 2008

Geneva, 13 Mar (Riaz K. Tayob) -- The WIPO Standing Committee on Copyright
and Related Rights (SCCR) ended its three-day session on Wednesday (12
March) by retaining on its agenda the three main discussion items on the
table (limitations and exceptions, and the protection of broadcasting
organisations and audio visual performances).

It deferred a decision on a proposal put forward by the EU, supported by
other developed countries to introduce new issues on the agenda for future
work of the SCCR. These issues are resale rights, collective management,
orphan works and applicable law. Some developing countries asked for more
details on these issues.

The draft conclusions put forward on the morning of the final day attracted
intense debate resulting in final conclusions that were orally presented and
agreed to. A written text was not yet distributed when the meeting ended.

A major issue at this meeting was the issue of imitations and exceptions to
copyright (L&E). A work plan for this issue was proposed by Chile, Brazil,
Nicaragua and Uruguay and supported by many other developing countries.

The conclusions of the meeting included continuing the work on L&E, with the
Secretariat asked to prepare a paper and an information session. However, a
decision on some elements of the proposal for specific work on L&E by the
four countries was deferred as developed countries requested more time to
consider the proposal.

On the work plan on L&E proposed by Chile, Brazil, Nicaragua and Uruguay, it
was concluded that many delegations who took the floor supported the
proposal in whole or in part. Other delegations expressed support or
opposition to specific elements of the 2005 Chilean proposal.

(This is in SCCR/13/5. The work plan put forward at this meeting was based
on this 2005 proposal. See SUNS #6434 dated 13 March 2008).

The committee concluded and requested the Secretariat to conduct a study on
L&E for the benefit of educational activities; and hold, at the next SCCR
session, an information session on existing and forthcoming studies. It also
decided that the next session of the committee would consider a more
detailed work plan on this subject.

The conclusions also cover the protection of broadcasting organisations, as
well as the protection of audio visual performances. These two issues, as
well as L&E will be retained on the committee's agenda.

The meeting concluded that a decision on the future work of the committee
would be considered at its next session tentatively scheduled for 3 to 7
November 2008.

On the protection of broadcasting organisations, it was agreed that the SCCR
chair, Jukka Liedes of Finland, would prepare an informal paper based on the
revised mandate of the General Assembly. The paper will include his
understanding of the main convergences and divergences (among delegations),
and it will be discussed at the next SCCR.

India, who proposed tasking the Chair instead of the Secretariat, said that
it would not be possible for the Secretariat to prepare such a paper. Much
of the broadcasting discussions were held informally and the Secretariat was
not necessarily privy to them.

Liedes, in accepting the request, joked that it was a "dangerous exercise"
and that the committee was "punishing him."

The committee also concluded that delegates who took the floor on the
protection of audio visual performances were willing to discuss issues of
substance. The Secretariat is requested to prepare a factual document
summarising the outcome of activities; compile a stock taking of members'
views; and organise seminars, at the national and regional level, and an
information meeting before the next meeting.

Regarding future work items of the committee Slovenia, for the European
Community, said its priorities were resale rights, collective management,
orphan works and applicable law. The US, Switzerland, Australia and New
Zealand supported the EC. Brazil and Chile requested further information on
the objectives and scope of these proposals.

Some NGOs which have been advocating that the Committee devote much of its
future work to limitations and exceptions to copyright were to some extent
satisfied that the issue had a good airing and that it remained on the
agenda, although the most important parts of the proposal by Chile and
others had not been adopted at this session.

They were however suspicious of the new issues put forward by the EU and
supported by other developed countries, that it may partly or even largely
be a tactic to dilute and divert away from the time and importance that
would otherwise be given to the L&E issue.

After the meeting was over, a delegate from Chile told SUNS that his
delegation was rather satisfied with the conclusion and that they expected
more resistance to their proposed work plan.

A Brazilian diplomat also privately commented that the outcome was generally
positive in that no delegation opposed the entire proposal on L&E work plan,
only parts of it. He noted that there was clear resistance to any norm
setting on L&E from Group B (of developed countries).

The Brazilian diplomat also saw the work plan proposal as a welcome
reflection of WIPO Development Agenda concerns. He said it was a good sign
that such issues were arising in the committee. +