[Random-bits] L&E - CSC on WIPO debate on Copyright Limitations and Exceptions

[James Love]

Civil Society Coalition Statement on the proposal by the Delegation of 
Chile on Limitations and Exceptions


November 19, 2004


The Civil Society Coalition supports the proposal by Chile to address 
issues concerning limitations and exceptions.  There has been a dramatic 
increase in the scope of ownership rights in knowledge goods and new 
efforts to increase enforcement of these new rights.

Also, largely because of the Internet, there has been an increase in 
cross border trade in knowledge goods.  Today important industries, 
non-profit organizations and social movements are also involved in the 
creation of knowledge goods.  These producers of knowledge goods and the 
users of these knowledge goods are poorly served by the current 
patchwork of exceptions.

Chile has highlighted the concerns of the visually impaired, libraries, 
and educators.  The problems facing these stakeholders are substantial, 
particularly, as they relate to access to digital material.

To the group of stakeholders Chile has identified, we would add several 
others, individuals for personal use, and exceptions which are critical 
for new Internet industries including services such as Google which rely 
extensively upon exceptions and which serve the access to knowledge 
needs of millions of people.

There is also the very large issue of the relationship between new 
technological protection measures (TPMs) and the ability of the public 
to exercise or benefit from limitations and exceptions that promote 
access to knowledge or the control of anti-competitive practices.

WIPO’s role in addressing the issues of limitations and exceptions 
should be discussed.  There are many possibilities for constructive 
actions.  WIPO, as an inter-governmental body, could discuss and debate 
best practices for limitations and exceptions in specific areas.  WIPO 
could create a protocol within the proposed treaty on access to 
knowledge for minimum limitations and exceptions or at least best 
practices.

WIPO could have information sessions on the relationship between TPMs 
and limitations and exceptions and propose solutions in form of 
regulations of TPMs which would ensure that they do not destroy the 
important role that limitations and exceptions have in protecting access 
to knowledge.

-- 
James Love | Consumer Project on Technology
http://www.cptech.org | mailto:james.love@cptech.org
P.O. Box 19367, Washington, DC 200036
voice +1.202.387.8030 | fax +1.202.234.5176