In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we are attending the 36th session of the Committee, which is taking place in Geneva from 28 May to 1 June 2018.
The following is the statement made by Teresa Nobre on our behalf on agenda item 5: Protection of Broadcasting Organizations.
I’m speaking on behalf of COMMUNIA International Association on the Digital Public Domain.
We would like to urge this Committee to consider the interests of all relevant stakeholders, when working on agenda item 5.
The discussions on the protection of broadcasting organization have been revolving mainly around the private interests of such organizations and other beneficiaries of copyright.
We consider that the Committee should also engage in discussions aimed at ensuring the protection of the interests of users, namely the global community of educators, learners, researchers and librarians, and also the general Internet users that create user generated content.
Taking these public interests into account includes developing mandatory exceptions and limitations that protect legitimate practices, such as criticism, parody, uses for the purposes of teaching or scientific research, and uses by libraries and other culture heritage institutions. It also requires making clear that the exceptions for broadcasting rights are not less enabling for users than the exceptions that apply to copyright.
Furthermore, protecting users rights implies that the broadcasters are not given rights in works that are in the public domain, or that are openly licensed.
Finally, any treaty granting post fixation rights should foresee that the term of protection of those rights does not in any case extend beyond the term of copyright, in order to give legal certainty to users and to avoid deepening the already complex issue of accessing and using orphan works.
We look forward to participating in further debates on these issues.