[A2k] WIPO's press release for SCCR 17, what isn't said says something

[James Love]

http://www.keionline.org/blogs/2008/11/10/wipo-pf-sccr/

WIPO's press release for SCCR 17, what isn't said says something

Two quick points about the WIPO press release for SCCR 17:

1. The press release does not mention the term "trans-border" (a
reference to export and import), even though this was referred to in the
context of L&E for distance education in the SCCR conclusions. Clearly
the EU opposition to the New Zealand text on "application to the
international exchange of materials in accessible formats" made an
impression on the WIPO Secretariat.

2. Notice also the WIPO press release gives extensive attention to the
collection society proposal for a platform, but does not mention the
reference to the WBU proposal, even though both were mentioned in the
SCCR conclusions.

Taken together, the WIPO press release hues close to the EU line in the
negotiations.

Jamie

    =E2=80=94=E2=80=94=E2=80=94=E2=80=94

    Member States Review Key Copyright Issues

    Geneva, November 10, 2008

    PR/2008/575

    WIPO member states meeting under the auspices of the Standing
Committee on Copyright and Related Rights met from November 2 to 7
November 2008 to review a number of key copyright issues. Under the
chairmanship of Mr. Jukka Liedes of Finland, the SCCR examined the
current state of play WIPO's work on limitations and exceptions, the
protection of audiovisual performances and the protection of
broadcasting organizations. Discussions also featured the question of
access to copyright-protected content by visually impaired persons.

    Limitations and Exceptions: Access for Visually Impaired People

    A number of member states acknowledged the special needs of disabled
persons (including the blind, visually impaired and other
reading-disabled persons) and stressed the importance of addressing
those needs. They further agreed to analyse current limitations and
exceptions. The meeting also discussed the possible establishment of a
stakeholders' platform at WIPO, to facilitate secure access for disabled
persons to copyright-protected works. The need for visually disabled
people to have access to copyright protected works in a readable format
(e.g. Braille, large print and audiobooks) may involve copying and
transforming a given work into a large-text or other format. National
law in many countries allow such copying and transformation without the
rightsowners' permissions, in other countries, however, such acts could
infringe copyright if undertaken without authorization.

    Limitations and exceptions exist as a counterbalance to the
exclusive rights granted under copyright law and intellectual property
law in general. Limitations and exceptions help to ensure that the
public interest is safeguarded. As copyright laws are essentially
territorial, there is no uniform treatment of limitations and exceptions
within national laws. To promote understanding of the diverse ways in
which limitations and exceptions are handled within national systems,
the SCCR requested that a questionnaire be prepared and circulated ahead
of its next session. The areas covered by the questionnaire will include
limitations and exceptions related to educational activities, activities
of libraries and archives, provisions for disabled persons, as well as
digital technology in the field of copyright. The findings of the
questionnaire would then serve as the basis for future SCCR discussions.

    Audiovisual Performances

    Delegates also discussed the status of negotiations on the
protection of audiovisual performances. A diplomatic conference convened
in 2000 which sought to update the rights of audiovisual performers at
the international level concluded with no agreement. Member states
attending last week's SCCR expressed their commitment to develop the
international protection of performers in their audiovisual
performances. Many delegations underlined the importance of information
exchange as a means of building consensus on this issue. The SCCR
supported the continued organization of regional and national seminars
as a means of facilitating information exchange and promoting national
systems of protection in this area.

    Broadcasting Organizations

    The SCCR decided to continue discussions on the protection of
broadcasting organizations with a view to concluding an international
instrument. Progress has been made in boosting understanding of the
various stakeholder positions. However, further work is required to
achieve agreement on the objectives, specific scope and object of
protection of such an instrument before convening a diplomatic
conference to conclude a treaty. All delegations, said that this process
should proceed according to the WIPO General Assembly's decision in
2007. This decision stated that the approach to protection must be
signal-based, and that a diplomatic conference could be convened only
after agreement on objectives, specific scope and objective of
protection had been achieved.

    The SCCR agreed to continue its analysis of the matter and requested
that an information meeting be organized during the SCCR's next session
in May 2009. This information session would focus on the current
conditions within the broadcasting environment.

    Last week's session of the SCCR was preceded by a two-day
information session where presentations were made on: WIPO Study on
Limitations and Exceptions of Copyright and Related Rights in the
Digital Environment, WIPO Study on Automated Rights Management Systems
and Copyright Limitations and Exceptions, WIPO Study on Copyright
Limitations and Exceptions for the Visually Impaired, WIPO Study on
Copyright Limitations and Exceptions for Libraries and Archives, and a
Summary of the Outcome of Seminars and Stocktaking of Positions on the
Protection of Audiovisual Performances.

    For further information please contact the Media Relations and
Public Affairs Section at:
    Tel: (+41 22) - 338 81 61 or 338 95 47
    * Fax: (+41 22) - 338 82 80
    * Email: publicinf@wipo.int

November 10, 2008
--
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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