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.

SCCR/35 COMMUNIA questions to Professor Daniel Seng

20171116_122433Licentie

Today, at the 35th session of the WIPO Standing Committee on Copyright and Related Rights, Professor Daniel Seng presented his Updated Study and Additional Analysis of Study on Copyright Limitations and Exceptions for Educational (SCCR/35/5 REV).

Communia is a permanent observer of the Committee, and the following questions were made by me on its behalf:

Good morning, ladies and gentleman.

I’m speaking on behalf of COMMUNIA International Association on the Digital Public Domain.

We would like to thank the Secretariat for arranging for the update and expansion of the study on educational exceptions, and Professor Seng for conducting such study.

We have a few questions for Professor Seng regarding flexibilities, limitations and exceptions to TPM protection in the context of education.

According to your study, about 60% of WIPO Member States do not provide for flexibilities, limitations and exceptions to the protection of technological protection measures. Those findings are very concerning because, according to an impact assessment study conducted by the European Commission in 2016, technological restrictions are the most frequently encountered copyright-related obstacle by users of digital works in education: 31,2% of educators and 36,9% of learners stated that they “are not able to access, download, use or modify a digital work because of technological protection”.

When anti-circumvention laws were drafted at the international level, they were expected to protect TPMs insofar as they restricted acts not authorized by rightsholders. My first question to is if you think that this international legal framework permits users from circumventing technological measures when their aim is to exert their legal rights under the copyright exceptions, and if you believe that it would be appropriate for national laws to allow users to circumvent technological measures in order to exert their rights under educational exceptions?

My second question concerns Member States that do not allow circumvention. In the impact assessment study that I mentioned, mechanisms available to end-users to enforce their rights to use TPM-protected works, without circumventing the TPMs, were only identified in 8 EU countries, which means that 20 EU countries are doing nothing to ensure that their teachers and students can enjoy their rights under national copyright exceptions. Furthermore, even where such mechanisms exist, they can be very burdensome. In Germany, Spain and Sweden it is necessary to go to court to get access to the TPM-protected work. In France, Italy, and the United Kingdom, it is necessary to file a complaint with the relevant authorities or open a mediation procedure.

So, my second question to you is: what are the mechanisms available to teachers and students to enforce their rights to use TPM-protected works in those Member States that do not permit the circumvention of the TPMs?

Finally, I would like to know which country do you think has the most adequate provisions to ensure that beneficiaries of exceptions and limitations for educational purposes can legitimately access and use TPM-protected works?

SCCR/35 COMMUNIA statement on limitations and exceptions for education

Licentie

In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we are attending the 35th session of the Committee, which is taking place in Geneva from 13 to 17 November 2017.

The following is the statement made by Teresa Nobre on our behalf on agenda item 7: Limitations and exceptions for educational and research institutions and for persons with other disabilities.

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