SCCR/42: COMMUNIA statement on limitations and exceptions for education and research

Children of the SeaLicentie

We are attending the 42nd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) in Geneva. Today, the Committee is discussing the issue of limitations and exceptions for educational and research institutions and for persons with other disabilities (Agenda Item 8) and the following statement was delivered on behalf of COMMUNIA:

Dear Delegates,

It will not be easy to convince your families, friends, neighbours that policymakers from across the world should spend time discussing how to improve copyright exceptions.

There is absolutely no doubt that the restrictions copyright laws pose on access to knowledge and information condition the right to education and the right to research, and that educational and research exceptions would benefit society as a whole. That is what will determine whether teachers can show a short news report during live-streamed online classes, whether researchers can conduct medical research or track desinformation online.

Yet, the fact that copyright laws are hard to understand will be an obstacle to reforming copyright laws at national level. Therefore, when Global North delegations claim that each one of you can go back to your countries and introduce exceptions that work for education and research in the 21st Century, we say: that is easier said than done.

Indeed, if you look at the national exceptions for education and research in the European Union, before the recent EU-wide copyright reform, you will see that not even the EU Member States were investing time in solving these issues if they had not been forced to do so through a binding regional instrument.

It should also be said that the fact that copyright exceptions are now outdated only in the Global South does not make this issue less problematic for the Global North. Institutions in Europe and North America engage in cross-border education and research activities outside of their regions on a regular basis. Think about EU distance education programmes attended by students located in Latin America or international research programmes involving North American and Asian researchers. It is clear that the lack of the same minimum set of rights across the world prevents these cross-border activities from taking place, affecting both the North and the South.

We understand that this Committee is not ready to make a decision on how to positively affect copyright frameworks to actually protect the right to education and research. At the same time, this Committee has been discussing this agenda item for nearly 15 years.

We believe that it is fair to say that the work undertaken by the Committee so far has not had much impact on the copyright provisions that frame how educators and researchers can have access to knowledge and information. The African Group proposal could change the course of action to make the work of the Committee more useful. We, thus, urge this Committee to use its best efforts to reach an agreement on how to move forward towards more positive and impactful outcomes.

Thank you.

SCCR/42: COMMUNIA statement on the protection of broadcasting organizations

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In our capacity as permanent observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 42nd session of the Committee, which is taking place in a hybrid format of in-person and online participation from 9 to 13 May 2022, in Geneva. 

Today, the Committee is discussing the protection of broadcasting organizations and the following statement was delivered on behalf of COMMUNIA on this agenda item (Agenda Item 6):

Much of the content that broadcasters transmit plays an essential informational, cultural and educational role in our society. Radio and television programs and archives are fundamental to have access to knowledge and information. They are sources of scientific research and are also used as educational materials. We recall that radio and TV-based remote learning have re-emerged in the past years, in response to the pandemic.

Therefore it is essential that educators and researchers have broad and immediate access to broadcast content.

Although the scope of the draft treaty has been reduced, the need for robust limitations and exceptions remains, when legal protection of broadcasters is shaped in the form of exclusive rights.

The problem is that the draft text only says that countries “may” extend the same exceptions that exist for copyright, but, obviously, countries can choose not to do this.

This is more restrictive than the Berne Convention, which has mandatory exceptions for news of the day and quotations, and permissive exceptions for educational and other uses. This may lead to the surprising result that broadcasts are subjected to fewer exceptions than the underlying copyrighted works.

A treaty that creates an additional layer of rights needs to also mandate the corresponding exceptions. Otherwise it ignores the societal and cultural needs related with access and reuse of broadcasts, failing the society as whole.

COMMUNIA condemns rejection of Wikimedia chapters as observers at WIPO SCCR

Standing Committee on Copyright and Related RightsLicentie

Yesterday, China blocked the ad-hoc accreditation of Wikimedia chapters of France, Germany, Italy, Mexico, Sweden, and Switzerland as official observers to the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO). Previously, China had rejected the Wikimedia’s Foundation application to observer status to this UN agency.

WIPO SCCR discussions where norm setting in copyright is concerned are of utmost importance to access to knowledge organizations, and observer status is a necessary condition for the six Wikimedia chapters to participate in such discussions. Not admitting the chapters as observers is unacceptable and runs counter to established practice and criteria for admission of observers at WIPO.

China opposed the applications, suggesting that they are subsidiaries of Wikimedia Foundation, whose projects violate the ‘One China’ Policy. China’s position was implicitly supported by Bolivia, Iran, Nicaragua, Russia, Venezuela, which stressed the need for consensus to approve the chapters’ applications.

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How to promote research and education at the global level? Takeaways from our panel discussion

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COMMUNIA and Wikimedia Deutschland held a panel discussion on February 15th to discuss whether the new mandatory exceptions in the EU Copyright Directive could serve as a model to solve some of the most pressing international-level problems around education and research.

The event started with Marco Giorello, the Head of the Copyright Unit at DG CONNECT of the European Commission, explaining the reasons for introducing mandatory exceptions for education and research purposes at the EU level (from min. 8:55 to min. 20:50). Marco pointed out that both research and education were at the forefront of the Commissions’ discussions on the modernization of the copyright system. The need for introducing mandatory exceptions for those activities became apparent after conducting a study of the national implementations of the optional EU-level education and research exceptions. Not all Member States had implemented the exceptions of the InfoSoc Directive. Those who had implemented them had done it in a very different way, and in a number of cases the national exceptions were clearly not applicable to digital and online uses.

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Civil society organisations urge WIPO Member States to admit Wikimedia as an observer

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Today, 55 civil society organizations, including COMMUNIA, sent a letter to the Member States of the World Intellectual Property Organization to express their concerns with regard to the outcome of the sixty-second series of meetings of the Assemblies of the Member States of the World Intellectual Property Organization, not to admit the Wikimedia Foundation as an observer to that organization.

The signatories of the letter recall that the WIPO discussions, where norm setting in copyright is concerned, are of utmost important to access to knowledge organisations:

“Given the key role of WIPO in shaping normative and practical work around copyright that impacts how researchers, educators and the public at large access and use knowledge, not admitting the Foundation as an observer would be unacceptable and it would run counter with the established practice on criteria for admission of observers at WIPO.”

This is the second time the application of the Wikimedia Foundation for observer status at WIPO was not approved. China was again the only country to reject the Foundation’s application, suggesting that the Wikimedia Foundation was spreading misinformation via the Wikimedia Taiwan chapter. The United States expressed their support for the Foundation’s application, calling for a transparent process, accessible for civil society organizations. The regional coordinator for Group B (the group of industrialized countries at WIPO, which includes many European Union member states) followed suit, underlining that the Foundation’ application had complied with the admission criteria.

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SCCR/41: COMMUNIA Statement on Limitations and Exceptions

RP-F-2000-21-1
How can a country solve this issue alone?
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This week COMMUNIA is attending the 41st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), in its observer capacity.

This is the second time the Committee meets since the beginning of the pandemic. In November last year, we urged the Committee to take appropriate action to respond to the massive disruption to education, research and other public interest activities caused by the COVID-19 pandemic. However, no Delegations put forward any proposal, and we left the SCCR disappointed at WIPO’s inaction in the face of this global crisis. 

Today, most Delegations expressed their agreement to a proposal to hold a number of regional consultations “to further develop the understanding of the situation of the cultural and educational and research institutions at the local level, especially in light of the impact of the Covid-19 pandemic on them”. Furthermore, a proposal by the Asia-Pacific Group, to hold an informational session at the next SCCR on the impact of COVID-19 on all the beneficiaries of the copyright system, was also well received.

Global South countries insisted, nevertheless, that the next steps for the agenda items on limitations and exceptions to copyright should not be limited to those consultations and information sessions. Many Delegations recalled the 2012 mandate to work towards “an appropriate international legal instrument”, and urged the Committee to set a work plan to fulfill the mandate.

The following is the statement made on behalf of COMMUNIA on the agenda item on limitations and exceptions for educational and research institutions and for persons with other disabilities (Agenda Item 7):

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SCCR/41: COMMUNIA Statement on the Protection of Broadcasting Organizations

Actors engaging in a fight on the sea-shore.
Again: no rights without exceptions!
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In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 41st session of the Committee, which is taking place in a hybrid format of in-person and online participation from 28 June and 1 July 2021.

The first day of the event was dedicated to discuss the protection of broadcasting organizations, and several delegations shared their dissatisfaction with the fact that informal discussions on the text of the draft broadcast treaty had taken place without ensuring the participation of a diversity of delegations. The SCCR Chair invited to these meetings only to the so-called “Friends of the Chair”, which include Argentina, Colombia, the European Union, Finland, Germany, Japan, Kenya, Mexico, the Philippines, Republic of Korea, Russian Federation, and the United States of America. Civil society observers joined Indonesia, Pakistan, Iran, South Africa and Chile in their ask for greater transparency and inclusivity.

The following is the statement made on behalf of COMMUNIA on this agenda item (Agenda Item 5):

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Communia fights for more room for right to research in international copyright law

Optocht van professoren
Promoting access to knowledge for all
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Access to knowledge is essential to ensure inclusivity and equality of our societies, particularly in the digital age. Researchers and the institutions that serve them are struggling to perform their activities at a distance, due to outdated copyright frameworks that do not properly balance all the rights that are deemed fundamental to our societies. It is time to abandon the rhetoric that copyright exceptions that support access to knowledge activities will harm authors and the industries that depend on them. 

For the next three years, Communia will be working on a project to study and promote changes in international copyright law to ensure equity in the production of and access to research. Our aim is to promote effective change in the political discourse towards the adoption of an international legal framework that protects legitimate access to knowledge.

We will work with a broad range of partners representing researchers and the institutions that serve them, including our Communia members Creative Commons and Wikimedia Deutschland. Our activities will include producing research, provide training to a global network of change makers, and connect a global expert network to a global community of researchers, libraries, museums, archives, and digital rights activists active in international copyright policy making.

The project will be run by the American University Washington College of Law (AUWCL), through its Program on Information Justice and Intellectual Property (PIJIP), and will benefit from a grant from Arcadia, a charitable fund of Lisbet Rausing and Peter Baldwin.

Read more about the project here.

Copyright and COVID-19: Has WIPO learned nothing from the pandemic?

Vechtende boeren
It's time to put our differences aside
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In November, Communia participated in the World Intellectual Property Organization’s (WIPO) 40th session of the Standing Committee on Copyright and Related Rights (SCCR), the most important forum at the global level for copyright rulemaking. Due to the pandemic, this was the first time the Committee met this year, and the meeting took place in a hybrid format, with most of the delegations participating through online means. 

Our expectations for this meeting were high. The COVID-19 pandemic has shown, more clearly than ever, that copyright can stand in the way of schools, libraries and cultural heritage institutions properly operating. Copyright exceptions that permit these public interest activities still do not exist everywhere. Moreover, exceptions do not always apply regardless of whether activities are conducted on site or at a distance (digitally).

Communia and other civil society observers were expecting the Committee to consider the impact that the COVID-19 pandemic has had on these public interest activities, and take appropriate action. However, WIPO member states had previously decided that, due to the format of the meeting, they would not engage in negotiations on any of the items on their agenda. Therefore, despite references to the problems caused by the pandemic in several Delegations’ statements, none put forward any proposal to deal with these issues.

Exceptions and limitations: shouldn’t we be there yet?

As explained in Communia’s statement to the Committee and highlighted by numerous WIPO-commissioned studies, WIPO member states are well aware that exceptions (notably the education and research exceptions) that exist today do not always have the elasticity to cover activities that take place remotely. More importantly, WIPO member states know that only an international instrument can solve the cross border aspects of distance activities, when the application of multiple national laws is triggered.

Progress on the topic of copyright exceptions has been limited for a number of years now. The only notable exception has been the Marrakesh Treaty, which establishes a mandatory exception for the benefit of persons who are blind, visually or otherwise print-disabled. Discussions on an international legal framework to cover a minimum set of legitimate uses made by persons with other disabilities, by educators, learners and researchers, and by libraries, archives and museums, have been diverted time and time again. 

With the pandemic, this state of affairs is even less acceptable than it was before. Before we were already seeing a trend towards digital and cross-border access and use of copyrighted materials for educational, research and other public interest purposes. Yet, WIPO member states could justify their inaction by telling themselves that these uses were not significant. 

However, in a few months, distance activities became the new normal. Now, institutions all over the world are opting for remote formats or hybrid models of in-person and online education, research and access to the collections of cultural heritage institutions. And we may never go back to the way things were before.Continue reading

SCCR/40: COMMUNIA Statement on Limitations and Exceptions

The Doctor's Dream
15 years and a pandemic later: are we there yet?
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In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 40th session of the Committee, which is taking place in a hybrid format of in-person and online participation from 16 to 20 November 2020.

The following is the statement made on behalf of Communia on limitations and exceptions for educational and research institutions and for persons with other disabilities (Agenda Item 7):

This Committee has been discussing the issue of copyright exceptions for almost 15 years. During this time, a number of studies were conducted and we learned that many countries fail to guarantee the right to use protected content for education, research and other legitimate purposes.

Still, reaching a common ground for exceptions was not a priority for all. Progress was limited even though we were seeing a clear trend towards cross-border uses, taking place online. 

Now, that state of affairs could be acceptable before the massive disruption to society caused by the COVID-19 pandemic. But over the last six months those cross-border online uses have become the new normal. 

All over the world, institutions are opting for remote formats or hybrid models of in-person and online access and use of content. And we may never go back to the way things were, namely for education, where we now have teachers and students working from home, often located in different Member States, and having to deal with a fragmented treatment of exceptions across those locations.

We understand that Northern countries prefer to negotiate bilaterally with developing countries. In our opinion, this perpetuates an unbalanced power relationship between the Global North and the Global South.

This forum can provide more transparency and legitimacy to these discussions. We thus urge you to not leave your mandate unfulfilled. 

In the Report on Regional Seminars and International Conference on Limitations and Exceptions, prepared by the Secretariat, we can find something for everyone’s taste. Now it’s up to this Committee to set priorities for its work. 

We urge the Committee to respond to the pandemic with a declaration or resolution to assert the flexibilities that exist; then work on model laws and on a binding solution for cross-border uses; and eventually discuss a minimum set of mandatory exceptions.

Thank you.