[A2k] SCCR 19: Full text of Version 3.0 of "DRAFT CONCLUSION" prepared by the Chair

[Thiru Balasubramaniam]

http://keionline.org/node/735

SCCR 19: Full text of Version 3.0 of "DRAFT CONCLUSION" prepared by
the Chair
By thiru
Created 18 Dec 2009 - 11:09am

Version 3.0 of the "DRAFT CONCLUSIONS" prepared by the Chair is being
considered right now at the 19th session of the WIPO Standing
Committee on Copyright and Related Rights (SCCR).

    World Intellectual Property Organization
    Standing Committee On Copyright And Related Rights (SCCR)
    Nineteenth Session
    Geneva, December 14 to 18, 2009

    Version 3.0
    December 18, 2009

    DRAFT CONCLUSIONS

    prepared by the Chair

    LIMITATIONS AND EXCEPTIONS

    1. New studies: The Committee expressed its appreciation for the
studies prepared by outstanding experts, and thanked them for their
presentations in the Information Meeting on Limitations and Exceptions
for Educational Activities, organized on the first day of the meetings.

    - The study by Professor Joseph Fometeu, Universit=E9 de Ngaound=E9r=E9=
,
Ngaound=E9r=E9, Cameroun, covering the African countries;

    - The study by Professor Juan Carlos Monroy, Universidad Externado
de Colombia, Bogota, covering the Latin American and the Caribbean
countries;

    - The study by Professor Victor Nabhan, University of Ottawa,
Ottawa, covering the Arab countries;

    - The study by Professor Daniel Seng, National University of
Singapore, Singapore, covering the Asian and the Pacific countries (in
his absence, a summary of the study was made available on the webpage
of the Information Meeting); and

    - The study by Professor Raquel Xalabarder, Open University of
Catalonia, Barcelona, Spain, covering North America, Europe, Caucasus,
Central Asia and Israel.

    2. In order to update and complement the studies, Member States
and the European Union are invited to submit to the Secretariat any
supplementary information regarding their national laws by January 8,
2010. The Secretariat will consult with the experts on the necessary
updates of their studies.

    3. Analytical document: The Committee expressed its appreciation
to the Secretariat for the preparation of the Analytical Document on
Limitations and Exceptions. The Committee requested the Secretariat to
update the document, taking into account the information and analyses
contained in the new studies.

    4. Questionnaire: The Committee examined the Second Draft
Questionnaire on Limitations and Exceptions, and invited delegations
to send comments on it to the Secretariat by January 8, 2010. On the
basis of the comments and the discussions of the Committee, the
Secretariat will finalize the questionnaire without any substantial
changes in the content of the questions, and while retaining the seven
chapters, and submit it to the Member States and the European Union by
February 10, 2010 for replies. The Member States are invited to submit
their replies by May 10, 2010, and the Secretariat shall prepare a
consolidated paper for the Twentieth Session of the SCCR.

    4 a. The Committee reaffirmed its commitment to continue without
delay its work in a global and inclusive approach, including the
multifaceted issues affecting access of persons with print
disabilities to protected works.

    5. Access to protected materials by persons with print
disabilities: The Committee welcomed the Second Interim Report of the
Stakeholders' Platform, and encouraged the Secretariat to continue the
work of the platform and report on its activities during the twentieth
session of the SCCR.

    6. The Committee examined the Proposal by Brazil, Ecuador and
Paraguay Relating to a WIPO Treaty for Improved Access for Blind,
Visually Impaired and other Reading Disabled Persons, which includes
the text prepared by the Word [sic] Blind Union (WBU). Many
delegations expressed their support for working towards the
establishment of an appropriate international instrument. [Other
delegations, while not opposing the proposal, expressed their
preference for a global approach.] [Some delegations made comments,
suggestions and asked questions about the substantive content of the
proposed text, and the proponent countries provided responses.] The
consideration of the proposal will continue at the next session of the
SCCR.

    7. The Committee accepted that a work program should be
established on copyright exceptions and limitations for the benefit of
persons with print disabilities. The work program will include the
initiation of focused consultations aimed at producing a proposal for
a Joint Recommendation of the Berne Assembly and the WIPO Assembly
regarding copyright limitations and exceptions for persons with print
disabilities. The work program shall take account that the proposal by
Brazil, Ecuador and Paraguay relating to a treaty will be maintained
on the agenda of the next session of the SCCR.

    9. A number of delegations offered information on examples of
proven good practices, activities and solutions at national level in
the Member States for the benefit of persons with print disabilities.
The Committee requested the Secretariat to prepare an information
document on examples of such practices and other measures at national
level.

    10. Limitations and exceptions to copyright, including matters
concerning access to protected materials by persons with disabilities
and matters that pertain to educational activities, research,
libraries and archives, will be maintained on the Agenda of the
twentieth session of the SCCR with a view to developing a work program
concerning those limitations and exceptions, as well as social,
cultural and religious exceptions, following a global and inclusive
approach.

    PROTECTION OF AUDIOVISUAL PERFORMANCES

    11. The Committee expressed its appreciation for the national and
regional seminars organized by the Secretariat and encouraged the
Secretariat to continue that activity.

    12. The Committee expressed its appreciation to the Secretariat
for the preparation of the Background Document on the Main Questions
and Positions Concerning the International Protection of Audiovisual
Performances.

    13. The Committee reaffirmed its commitment to continue the work
towards developing the international protection of performances in
audiovisual media, and decided on the following work program to this
effect.

    14. The Secretariat is requested to organize in Geneva open-ended
consultations needed to resolve remaining issues.

    15. The Committee will, at its twentieth session, consider the
next steps and evaluate if there is consensus on a possible
recommendation to the General Assembly of WIPO to convene a diplomatic
conference with a view of concluding a WIPO treaty for the protection
of audiovisual performances. The Committee considered that the
nineteen articles adopted as a provisional agreement at the Diplomatic
Conference in 2000 provide a good basis for negotiations on the
treaty. A number of Members took the view that the nineteen articles
should not be reopened. Other Members stressed that the articles
should reflect the changes that have occurred during the last ten years.

    16. The protection of audiovisual performances will be maintained
on the Agenda of the twentieth session of the SCCR.

    PROTECTION OF BROADCASTING ORGANIZATIONS

    17. The Committee noted the publication of the first part of the
Study on the Socio Economic Dimension of the Unauthorized Use of
Signals, addressing current market and technology trends in the
broadcasting sector. The Committee noted with approval the forthcoming
second part of the study to be presented to the Committee at its
twentieth session.

    18. The Committee reaffirmed its willingness to continue its work
on the protection of broadcasting organizations [according to the
mandate of the 2007 General Assembly].

    19. The Secretariat will organize regional seminars upon requests
from Member States to ascertain the objectives, specific scope and
object of protection of a possible draft treaty following a signal-
based approach. A report of the seminars will be presented to the
Committee at its twentieth session.

    20. The protection of broadcasting organizations will be
maintained on the Agenda of the twentieth session of the SCCR.

    NEXT SESSION OF THE SCCR

    21. The twentieth session of the SCCR will take place from June 21
to 25, 2010.

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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