[A2k] The WIPO SCCR 19 begins its work

Mon Dec 14 06:02:00 2009

Very surprisingly  Raquel Xalabarder  made a remark on that because of
WIPO treaty articlle 10, would imply that no longuer ilustration for
teaching exception  in 10.2 Berne would be for free.  Which certainly
would be a mistake, as for the agreed statement for 10.2 that mandates
that article 10 wipo do not reduces or expands the berne exceptions.

LUIS

2009/12/14 James Love <james.love@keionline.org>:
> http://www.keionline.org/node/721
>
> The WIPO SCCR 19 begins its work
> By James Love
> Created 14 Dec 2009 - 3:54am
>
> This is day one of a five day meeting of the WIPO SCCR, being held in
> Geneva. The main topic of discussion this week will be copyright
> limitations and exceptions.
>
> One important element of the limitations and exceptions discussion will
> be a debate and a decision on how to proceed on the proposal to
> negotiate a new WIPO treaty for persons who are blind, visually impaired
> or have other disabilities. There are also presentations on the role of
> limitations and exceptions in education, and discussions of other
> topics. For example, KEI and other NGOs, academics and some WIPO experts
> recommend the SCCR take up the issue of "updating" the Appendix to the
> Berne Convention, which is a provision in the Berne Convention dealing
> with access to works in developing countries. There are also proposals
> for the SCCR to work on the issue of orphaned copyrighted works.
>
> The SCCR will also discuss a possible treaty for broadcasting
> organizations, and for performers.
>
> The documents for the meetings are on the Internet here:
> http://www.wipo.int/meetings/en/details.jsp?meeting_id=3D17462 [1]
>
> Note there are requests for accreditation by 17 new organizations,
> including 16 that work on disabilities.
> http://www.wipo.int/edocs/mdocs/copyright/en/sccr_19/sccr_19_11.pdf [2]
>
> In the early pre-meeting discussions, there are various bits of
> information circulating about the positions of different groups. The
> United States government is sending many signals that it has changed its
> views on the proposal for a WIPO treaty for disabilities. The nuances of
> the U.S. position are not that clear year, but in general, based upon
> many conversations with U.S. officials, other governments and industry
> persons talked to by the U.S. government, it seems as though the
> evolving U.S. position includes the following features:
>
> =A0 1. an agreement to discuss a possible treaty within WIPO for
> copyright limitations and exceptions for persons with disabilities, but
> also to consider a range of other possible solutions ranging from
> declarations on the legality of importing and exporting of works created
> under exceptions, model laws, provisions in model laws within bilateral
> trade agreements, or executive agreements like ACTA that fall short of
> treaty status. In some versions, the shorter term and softer instruments
> would not be seen as a substitute for a treaty, but rather as early
> measures to build toward a treaty or another binding instrument.
> =A0 2. only a beginning of a discussion of the types of rights or
> transactions that would come under a new agreement on cross-border
> movements of works created under exceptions. In some versions, it would
> stop quite a bit short of allowing a global library in one country to
> deliver works over the Internet to persons with disabilities in other
> countries.
> =A0 3. while there is a recognition that the cross-border issue would
> benefit from new solutions, there is no commitment yet to global
> agreements that would provide for harmonization of domestic exceptions.
>
> The change in the U.S. has fueled more optimistic exceptions about the
> positions that will be taken in Group B, the WIPO group of high income
> countries that includes for example the members of the European Union,
> Australia, Canada, Japan, New Zealand, Norway, Switzerland and the
> Vatican. Now Group B is considered to be unlikely to strike a
> confrontational opposition to the WIPO treaty for disabilities, but may
> try to move the SCCR work program toward a General Assembly declaration
> on a narrow agreement on very limited import and export of works created
> under exceptions.
>
> Some Countries Reportedly want Linkages
>
> There is also talk that the United States may try to link progress on a
> treaty for disabilities to progress in WIPO on the enforcement of
> intellectual property rights, or new movement on a WIPO treaty for
> performers. The European Union is also said to be interested in asking
> for linkage between the WIPO treaty for disabilities and progress on a
> WIPO treaty for performers or broadcasters. Egypt and some members of
> the Africa group have indicated they may want to link progress on a
> treaty for disabilities to a larger treaty on limitations and exceptions
> involving education and other topics.
>
>
>
> --
> James Love, Director, Knowledge Ecology International
> http://www.keionline.org | http://www.twitter.com/jamie_love
> Wk: +1.202.332.2670 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.41=
3.6584
>
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Luis Villarroel
Director de Investigacion
Corporaci=F3n Innovarte

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