[A2k] IMMF intervention at SCCR 19 'regarding possible international harmonisation of Limitations and Exceptions'

[Thiru Balasubramaniam]

Intervention at the WIPO SCCR19  held in Geneva by David Stopps on
behalf of The International Music Managers Forum on Wednesday 16th
December  2009 regarding possible international harmonisation of
Limitations and Exceptions.

I would first like to congratulate the Chair and Vice-Chairs on their
re-election.  I would also like to warmly welcome Trevor Clarke as the
new Assistant Director General. We would also particularly like to
offer our very sincere thanks and appreciation to Jorgen Blomqvist for
the enormous amount of help he has given us over the years. I know
that Mr Blomquist is an accomplished guitarist so perhaps now he will
have more time to practice and perhaps he will come back to WIPO and
give us a performance, provided of course that his performer=92s rights
are properly upheld, especially if there is a fixation.

For those of you who don=92t know who we are, I am speaking to you today
on behalf of the IMMF, the International Music Managers Forum. We
represent the interests of featured artists, both authors and
performers in 18 member states. Featured artists are the source of
over 95% of the income generated in the global music industry.

Mr Chairman, as we all know the tool concerning limitations and
exceptions that has been of great use over the years is our old friend
the Berne Three Step Test. So lets look at what it says. It says that
limitations and exceptions are permissible

=09=95 In certain special cases
=09=95 That do not conflict with the normal exploitation of the work   and
=09=95 That do not unreasonably prejudice the legitimate interests of the
author or rightholder.

Of course this is open to wide interpretation. As primary stakeholders
responsible for creating musical works and performances we would
naturally like to be paid wherever and whenever possible. On the other
hand we are part of civil society and we recognise that limitations
and exceptions have to be a balance between public policy and the
public good, on the one hand, and the rights of stakeholders on the
other. Sometimes it is possible to cover both by allowing certain
uses, but at the same time providing a remuneration system for
stakeholders. Home copying levies and a system of voluntary licensing
are good examples of how this can be done.

The current international situation is confusing and over-complicated.
We have heard that legal cross-border distance learning is almost
impossible. Even the most knowledgeable copyright expert would be hard
pressed to navigate such an international system let alone a consumer
or a commercial user. We very much welcome the European Commission=92s
recent Reflection paper on Creative Content in a European Digital
Single Market which seeks to address harmonisation of limitations and
exceptions and copyright law in the European Union which we feel would
be highly desirable.

Whilst the concept of copyright has never been more important for the
development of culture and the health of the creative industries, we
cannot continue with 20th Century analogue rules. We need 21st century
rules and cross-border harmonisation to make licensing simple and to
give consumers and commercial users legal certainty.

Mr Chairman, we fully support the introduction of a treaty for the
visually impaired and we support any sensible suggestions for
international harmonisation and universal minima for limitations and
exceptions.

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The International Music Manager=92s Forum represents featured artist
music managers and through them the featured artists (performers and
creators) themselves. These featured artists are those that are the
source of over 95% of the economic activity in the global music
industry. Featured artist music managers are uniquely placed to
comment on music industry issues, as they are the only group of
professionals that deal with every aspect of the music industry and
the copyright system as it applies to music on a daily basis. Music
managers are responsible for every aspect of the artist=92s career
including interfacing and negotiating with phonogram producers, music
publishers, making arrangements for touring, sponsorship,
merchandising, and ensuring that all the available income streams,
including those from collection societies, are properly managed.
Managers are generally remunerated on a commission basis (usually in
the region of 20% of income actually received by the artist) so income
streams affecting the artist also directly affect those of the
manager. The International Music Managers Forum comprises 18 Music
Managers Forums around the world including Australia, Belgium, Canada,
Denmark, Finland, France, Germany, Ireland, Italy, The Netherlands,
New Zealand, Norway, Poland, South Africa, Sweden, United Kingdom and
United States.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997