Last week, the World Intellectual Property Organization (WIPO) nominated a new Director General, Daren Tang, who will assume the post on 1 October 2020. Tang is currently the Chief Executive of the Intellectual Property Office of Singapore and has served as the Chair of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) for the past six bi-annual meetings of the committee.
A growing number of civil society organizations working on copyright reform, including Communia and its members Wikimedia and Creative Commons, participate as permanent observers in the SCCR, for the committee addresses several important issues in the field of copyright. This includes a potential new treaty for the protection of broadcasting organizations; exceptions and limitations to copyright for libraries, museums, archives, educational and research institutions, and persons with other disabilities; and the broader topic of copyright and the changing digital environment.
WIPO has the potential to affect norm setting in a variety of topics in the field of copyright, not only those currently discussed in the SCCR, but also others that WIPO may introduce via its training and capacity-building activities. In fact, although WIPO is a member state-driven institution and only its 192 country members can decide on the adoption of binding legal instruments or soft laws, the Director General and his senior management team can influence the direction of national law and policy reforms in developing countries through the organization’s technical assistance program.
The impact of the WIPO Secretariat on the work of the copyright committee
The WIPO Secretariat also has a significant impact on the work of the SCCR. In the past year, we have witnessed that it is fairly easy to prejudge the outcomes of an Action Plan on Limitations and Exceptions adopted by the WIPO member states if the WIPO Secretariat carries out the activities foreseen in such a plan in a manner that puts an over-emphasis on the private interests of copyright owners to the detriment of the public interests related with access to knowledge and education.
Regional events intended to identify “areas for action with respect to the limitations and exceptions regime” can easily be turned into lobbying platforms for copyright owners, if ill-designed. Would-be beneficiaries of the limitations and exceptions regime can easily be prevented from sharing their experiences in such events in a structured manner, if no formal speaking roles are given to them. Furthermore, an international conference intended to discuss limitations and exceptions for cultural heritage and educational and research institutions can be organized in such a manner that the panels are dominated by rights holders and collective management organizations, preventing a fair and balanced discussion on the issues at hand. Continue reading
In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 38th session of the Committee, which is taking place in Geneva from 1 to 5 April 2019.
The following is the general statement made today by Teresa Nobre on Limitations and Exceptions (Agenda Items 7 and 8):
I’m speaking on behalf of COMMUNIA, an international association that works to protect and strengthen the public domain and users’ rights.
We believe that there is a minimum set of access and use rights that should be defined by public rules, since they are justified by public interests. If copyright laws do not grant to the education and research communities, the cultural heritage institutions, and the persons with disabilities the same level of protection that is granted to rightsholders, and defer to private agreements the regulation of all uses of copyrighted materials, they perpetuate an unbalanced power structure and let rightsholders weaken or undermine what should be a public policy decision.
Private agreements are important in any market, but they should coexist with – and not replace – exceptions. Agreements are not appropriate to harmonize the legal framework for uses of copyrighted works, because the terms and conditions of licenses vary widely, and they are not available for every material in every country. There are countless copyrighted works in existence and the large majority of creators is not interested in licensing their works (only a small class of professional creators is offering their works for licensing). Thus, it is impossible to offer meaningful solutions to users through private agreements only.
In order to have a minimum set of rules that are applied uniformly by every Member State and have a cross-border effect we need an international law.
The ongoing reform in the European Union should be enough for this forum to understand that agreeing on minimum standards is possible, while still taking into account local specificities.
In the age of connectivity, it is not enough to fight for better copyright laws for users in certain regions of the world. We need to advocate for baseline international standards that allow cross-border uses of copyrighted materials, for purposes such as access to knowledge and education, in each and every country of the world. That is why public interest advocates, Communia included, keep investing their energies in the international discussions on copyright exceptions, using their capacities of permanent observers of the WIPO’s Standing Committee on Copyright and Related Rights (SCCR).
The SCCR has a mandate to discuss, among other things, limitations and exceptions to copyright for libraries, museums, archives, persons with disabilities, and for educational and research activities. In June 2018, the Committee adopted Action Plans on Limitations and Exceptions, which include a series of events dedicated to analyze the situation of libraries, archives, museums, education and research, and to identify “areas for action with respect to the limitations and exceptions regime”. If planned correctly, with the main purpose to assess the needs of the potential beneficiaries of the exceptions, these events could advance the international agenda on copyright exceptions.
2019: regional seminars on copyright exceptions
In order to fulfil the Action Plan on L&E, and in addition to the two bi-annual meetings (Geneva, 1-5 April and 21-25 October), the SCCR will host in 2019 a) three regional seminars on limitations and exceptions in Asia-Pacific (Singapore, 29-30 April, to be announced), Africa (Kenya, 12-13 June, TBA) and Latin-America (Dominican Republic, 4-5 July, TBA); and b) an international conference on exceptions and limitations (Geneva, 17-18 October). Continue reading