[A2k] The WIPO SCCR 19 begins its work

Tue Dec 15 02:59:01 2009

Jamie and all,

  Glad to see that some new groups for disabled persons
are being considered, all be it a bit late for this round of
WIPO copyright considerations for exemptions for same.

  I wonder if the US has considered at least insisting
on some exemptions for sight disabled veterans as a fall
back possition? Or has the RIAA, MPAA and Authors Guild
already nixed that possibility?

-----Original Message-----
>From: James Love <james.love@keionline.org>
>Sent: Dec 14, 2009 4:46 AM
>To: a2k discuss list <a2k@lists.essential.org>
>Subject: [A2k] The WIPO SCCR 19 begins its work
>
>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=17462 [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:
>
>   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.
>   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.
>   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 +41.76.413.6584
>
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Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
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