SCCR/37: Communia general statement on exceptions and limitations

Standing Committee on Copyright and Related Rights
Let us converge and harmonise laws
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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 general statement made by Teresa Nobre on Limitations and Exceptions (Agenda Items 6 and 7):

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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
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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

Communia endorses Treaty on Education and Research, and asks others to follow suit

Italian Landscape with Umbrella Pines
We can make education brighter
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Communia has endorsed the Civil Society Proposed Treaty on Copyright Exceptions and Limitations on Education and Research Activities (TERA), and asks others to follow suit, ahead of the 37th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR). SCCR/37 will take place from 26 – 30 November in Geneva, and civil society advocates will propose that the treaty’s provisions be considered as a model for future text-based work by the committee.

The proposed treaty is the result of an extensive consultation process with various stakeholders (including Communia), which culminated with its adoption at the 5th Global Congress on Intellectual Property and the Public Interest on September 27, 2018. Institutions and individuals are both welcome to endorse the treaty.

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SCCR/36: Communia statement on educational and research exceptions

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Action plans have to bring evidence to the table
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In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we have been 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 7 (Limitations and exceptions for educational and research institutions and for persons with other disabilities):

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

We would like to start by thanking all the delegates for demonstrating their support for education throughout this SCCR. We would also like to thank the Chair for preparing the Draft Action Plan, and we have 2 suggestions to make regarding the planned actions.

The first is on the typology. We welcome the Chair’s proposal to synthesize, organise and classify the information contained in the study performed by Prof. Seng, and we would be pleased to offer our advice to the Chair in the development of the proposed typology.

At COMMUNIA we have been mapping educational exceptions for several years now, and we have created a template that breaks down the different provisions into their essential elements (users, uses, purposes, works, conditions and preclusions) and shows simple yes/no or 0/1 results, which permit a quick understanding of their differences and similarities. This template was recently updated, in collaboration with PIJIP, to reflect the different provisions analysed by Prof. Seng and could, therefore, be a good reference to the Chair.

The second suggestion regards the study on digital issues. We believe that such a study is only useful if it brings evidence regarding the gags, legal uncertainties and obstacles that may inhibit the development of digital education and research.

For that, the methodology has to go beyond policy and legal analysis. Interviews and surveys involving educators, learners and researchers are essential. Here are a few topics that we would suggest to be included in such study:

  • Digital actions carried out by the education and research communities on a regular basis;
  • Types of tools, devices and works used for educational and research purposes;
  • Restrictions encountered by these stakeholders in relation to different types of digital materials;
  • Mechanisms to ensure functioning of exceptions and limitations regarding TPM-protected works;
  • Obstacles and uncertainties faced by these stakeholders; and
  • Cross-border related problems encountered by these stakeholders.

Thank you.

SCCR/36: Communia general statement on limitations and exceptions

Anatomische les van professor Paaw
Public interests deserve the same international attention as private ones
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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 general statement made by Teresa Nobre on our behalf on the issue of exceptions and limitations to copyright, which compose agenda itens 6 (Limitations and exceptions for libraries and archives) and 7 (Limitations and exceptions for educational and research institutions and for persons with other disabilities):

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

The normative work of this Committee towards the grant of exclusive rights over copyrighted works and related subject matter has been exemplary. One would expect that users rights would have by now been subject to similar legislative efforts. However, the Member States that already benefit from sophisticated copyright exceptions and limitations, have been reluctant to make a convergence of laws, suggesting that the protection of public interests such as access to knowledge and education deserve less international attention that the protection of the private interests of copyright holders.

We recall that the European Union will soon adopt a mandatory exception for various uses, which will harmonize the laws of 28 European countries, despite their different traditions. This means that agreeing on minimum standards is possible, while still taking into account local specificities.

The reason why the EU is harmonizing national laws is very straightforward: the EU countries have such narrower exceptions that they are making illegal legitimate practices that take place on a daily basis, such as showing a Youtube video in class or emailing short copyrighted materials to students.

We are well aware that the industry claims that the needs of the global community of educators, learners and researchers can be solved through licensing. If that was the case, we would not be here, since there are currently no laws preventing parties from entering into licensing agreements.

The fact is that licenses are, first of all, expensive: 1/3 of European teachers surveyed by the European Commission said that they or their schools could not afford to buy educational licenses. Furthermore, we did a study on educational licenses in Europe and discovered that the current contractual practices are not commendable: licenses (i) restrict the scope of protection of exceptions, (ii) grant questionable rights to right holders, and (iii) impose burdensome obligations on schools.Without legislative intervention, fair educational and research activities that take place locally but also across borders will continue to be harmed.

Therefore, we urge this Committee to agree on action plans that are aimed at finding a model for a minimum harmonization in the field of exceptions and limitations to copyright.

Thank you.

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

WIPO SCCR 36
New rights should be accompanied by exceptions
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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.

The defense of education at the World Intellectual Property Organization

SCCR35
Fighting for minimum international standards!
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As we reported last month, Communia attended the 35th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), which took place from 13 – 17 November in Geneva. The SCCR has a mandate to discuss limitations and exceptions to copyright, including for educational purposes. While Communia supports efforts to reach minimum international standards of exceptions and limitations to copyright in all the different areas that are currently under discussion (libraries, museums, archives, persons with disabilities, and education), our role there is specifically to support the dialogue on educational exceptions.

Why is it important to have baseline international standards?  

First, it’s a question of educational equity. The different treatments of education by copyright laws all over the world result in huge discrepancies in the way education is provided, thus increasing the inequality in educational outcomes. Educators in countries with none or poorly designed education exceptions have to be extremely careful when selecting the teaching materials they will use in educational activities or they can risk civil and criminal action for copyright infringement. Meanwhile, in countries that have strong, well-drafted copyright exceptions, teachers have the freedom to choose and use whichever materials they feel are most adequate for their instructional activities.Continue reading

SCCR/35 Communia statement on limitations and exceptions for education

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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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Communia at WIPO: copyright needs to empower teaching and learning

Effata Regum Poloniae usque ad Ioannem Casimirum [...]
Fixing copyright at WIPO
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The bi-annual meeting of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place last week in Geneva. Teresa Nobre and Alek Tarkowski participated in the meeting on behalf of Communia, which has observer status. We were particularly interested in the debate on exceptions for education.

As Communia, we have until now focused our policy work on the European Union (albeit we were present at WIPO, as observers, briefly for debates on the public domain in 2012). We decided to start attending SCCR meetings in order to address the issue of good copyright for education also at global level. We hope that we can contribute to set out a global education exception.

In Geneva, we joined a broad coalition of civil society organizations and groups, and representatives of public interest institutions such as libraries or archives that have been participating in these meetings. Our particular focus is on education, an issue that until now has not been strongly represented by civil society observers at WIPO. We are hoping to change this situation. Delia Browne, who represented Creative Commons as a representative of Creative Commons Australia, joined us at the meeting.

The issue of exceptions and limitations to copyright has been on the WIPO agenda for years. In 2013, the Marrakesh Treaty was signed, requiring all WIPO members to provide a domestic copyright exception that allows the creation of accessible versions of books and other copyrighted works for visually impaired persons. The exception secured by the treaty is an important win, and a clear evidence that a global copyright standard that supports public interest can be established through the WIPO process.Continue reading

COMMUNIA Positive Agenda for the Public Domain

This policy paper proposes to contribute to defining a positive agenda for the Public Domain. It is grounded on a WIPO study by Professor Séverine Dusollier, Communia policy recommendations and Communia previous WIPO statements.

This work-in-progress document presents policy recommendations and strategies aimed at the transnational level, namely WIPO CDIP and SCCR. Legal language will be drafted at a later stage.

Policy recommendations are:

  1. 1. Definition of a positive status for the Public Domain
  2. 2. Recognition of the validity of voluntary dedication to the Public Domain
  3. 3. Facilitating the identification of the Public Domain status

The full policy paper can be downloaded as a pdf: Communia Positive Agenda for the Public Domain and the full text is also available below/after the jump.

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