[A2k] Full Text of Conclusions of the SCCR

[James Love]

This is the full text of the final meeting conclusions, according to
Ip-Watch.   Note the date for SCCR 18 will be May 25 to 29, 2009.

Jamie

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Text of the Final Meeting Conclusions (unofficial):

Draft Conclusions of the SCCR

Prepared by the Chair

Limitations and exceptions

The Committee expressed its appreciation for the studies prepared by
outstanding experts, and thanked them for their presentations in the
preceding informative meeting.

=E2=80=A2 The study by Professor Sam Ricketson provides an information basi=
s and
a detailed analysis of the norms in the international treaties and
conventions regulating limitations and exceptions.

=E2=80=A2 The studies by Mr. Nic Garnet, Mrs. Judith Sullivan and Professor
Kenneth Crews establish an information basis on the availability, scope
and nature of limitations and exceptions currently present in selected
Member States=E2=80=99 national system, as well as their interaction with
contractual practices and digital rights management.

In order to update and complement the studies, governments are invited
to submit to the Secretariat any supplementary information regarding
their national law before February 1, 2009. The Secretariat will consult
with the experts on the necessary updates of their studies.

The Committee noted with approval the forthcoming study on exceptions
and limitations for the benefit of educational activities, including
distance education and the trans-border aspect thereof, in particular
for developing and least developed countries.

The Committee acknowledged the special needs of visually impaired
persons and stressed the importance of dealing without delay and with
appropriate deliberation, with those needs of the blind, visually
impaired, and other reading-disabled persons, including discussions at
the national and international level on possible ways and means of
facilitating and enhancing access to protected works. This should
include analysis of limitations and exceptions. This should also include
the possible establishment of a stakeholders=E2=80=99 platform at WIPO, in =
order
to facilitate arrangements to secure access for disabled persons to
protected works. A number of delegations referred to a paper presented
by the World Blind Union (WBU) and expressed interest in further
analysing it.

In order to further complement the information on limitations and
exceptions in national systems, the Secretariat will prepare a draft
questionnaire which will be submitted for comments to the Member States
before the next session of the SCCR. The areas covered by the
questionnaire should include educational activities, activities of
libraries and archives, provisions for disabled persons, as well as
implications of digital technology in the field of copyright.

After the work in progress has been completed, the SCCR will consider
the further steps in this area.

The matter will be kept on the Agenda of the next session of the SCCR.

Protection of audiovisual performances

The Committee reaffirmed its commitment to work on developing the
international protection of performers concerning their audiovisual
performances, and stressed the importance of the exchange of information
and informal consultations with the aim of finding a way forward.

The Committee encouraged the Secretariat to continue to organize
seminars at the regional and national level, in order to allow extensive
exchange of information, also for the purpose of developing protection
of audiovisual performances on the national level and to collect
information and possible proposals on outstanding issues.

The matter will be maintained on the Agenda of the next session of the
SCCR.

Protection of broadcasting organizations

The Committee decided to continue its work on this item in consonance
with the mandate of the General Assembly. A number of delegations showed
their interest towards the conclusion of a treaty. The Committee
reaffirmed that according to the decision of the General Assembly the
protection must be established on a signal-based approach, and the
convening of a diplomatic conference could be considered only after
agreement on objectives, specific scope and objective of protection has
been achieved.

The Committee took no decision regarding the options presented in the
Chair=E2=80=99s paper.

The Committee will continue its analysis of the matter and requested the
Secretariat to convene an information meeting on the current conditions
of the broadcasting environment for developing and least developed
countries in connection with the next session of the SCCR.

The matter will be maintained on the Agenda of the next session of the
SCCR.

Future Work

The Committee shall in its forthcoming sessions give priority and
adequate emphasis to the outstanding issues of

- the work in progress on limitations and exceptions
- the protection of broadcasting organizations, and
- the protection of audiovisual performances.

Next session of the SCCR

The next session of the SCCR and the information session will take place
in the week of May 25 to 29, 2009.

--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
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