SCCR/40: Communia Statement on the Protection of Broadcasting Organizations

Parisiens en train d'etudier la question turque
No perpetual rights, no rights without exceptions!
Licentie

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 the protection of broadcasting organizations (Agenda Item 5):

We understand that the draft of the Broadcasting Treaty gives broadcasters perpetual rights over public domain and freely licensed content, which is extremely problematic for users. 

Without this extra layer of rights, these works can be used without restriction, and this freedom should be maintained. 

In addition, we are concerned that the current proposal for exceptions only gives countries the option to extend already existing exceptions to broadcasting signals. Obviously, countries can choose not to exercise that option, and if they opt not to, the Treaty will be creating new obstacles to access to culture and information. 

Exceptions are essential to achieve a balance between the interests of the broadcasting organizations and the public interest. The vision that supra-national instruments should only mandate the introduction of new rights, without imposing adequate exceptions, is outdated and turns a blind eye to the fact that copyright can prevent the exercise of fundamental freedoms. 

It is about time for this Committee to align itself with the knowledge produced by its academics and by its courts, which have over and over again referred to the need for a balanced view of copyright.

The Treaty should include a broad provision like the one contained in the Regional Comprehensive Economic Partnership Agreement, which makes it mandatory for each Party to provide an appropriate balance in its copyright system, including by means of exceptions for legitimate purposes. In addition, it should have a minimum set of mandatory exceptions, namely for the uses already required by other copyright treaties.

Thank you.

SCCR/37: Communia statement on the protection of broadcasting organizations

A woman shouting into a man's ear-trumpet. Wood engraving.
No new rights without exceptions
Licentie

In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we are attending the 37th session of the Committee, which is taking place in Geneva from 26 to 30 November 2018.

The following is the statement made by Teresa Nobre on our behalf on agenda item 5: Protection of Broadcasting Organizations.Continue reading

SCCR/36: Communia statement on the protection of broadcasting organizations

WIPO SCCR 36
New rights should be accompanied by exceptions
Licentie

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.

Thank you.