[A2k] KEI side event @ WIPO SCCR27- 29 April 2014: The Tunis Model Law on Copyright for Developing Countries: Is it Time for an Update?

Thiru Balasubramaniam thiru at keionline.org
Tue Apr 29 01:17:11 PDT 2014


On Tuesday, 29 April 2014, Knowledge Ecology International (KEI) will
convene a panel at WIPO headquarters entitled, The Tunis Model Law on
Copyright for Developing Countries: Is it Time for an Update?

Title: The Tunis Model Law on Copyright for Developing Countries: Is
it Time for
an Update?
Where: Room B, World Intellectual Property Organization
Date: Tuesday, 29 April 2014
Time: 13:45 to 15:00


Teresa Hackett, Programme Manager, Electronic Information for Libraries

James Love, Director, Knowledge Ecology International

Gudibende Ramarao Raghavender, Registrar and Director (Copyright)
Administration and Coordination, Book Promotion, Copyright & ISBN, Ministry
of Human Resource Development, Government of India

Viviana Munoz Tellez, Manager, Innovation and Access to Knowledge
Programme, South Centre



As WIPO's Standing Committee on Copyright and Related Rights (SCCR)
considers different pathways to develop "appropriate legal instrument or
instruments" on limitations and exceptions for libraries and archives and
educational and research institutions and persons with other disabilities,
we would draw the Committee's attention to an initiative jointly convened
in 1976 by UNESCO and WIPO - the Tunis ModelLaw on Copyright for Developing

Perhaps WIPO could undertake a scoping study to ascertain the feasibility
of producing an update of the Tunis Model Law adapted for the digital
environment. This 1976 model law, drafted by experts at the behest of
member states of WIPO and UNESCO, sought to provide a Berne-consistent
template fordeveloping countries that could accommodate both the common law and
civil law traditions.

The 1976 Tunis Model Law addressed a number of the most important issues in
copyright, including issues such as the protection of folklore, and
limitations and exceptions to rights, such as those in Section 7, entitled
“Fair use,” Section 3 on “Works not protected,” or Section 10 on the
limitation of the right of translation. The Model Law provided a foundation
for the protection of author’s rights, including extensive provisions on
licensing of works and enforcement of rights, and proposed language on the
treatment of domaine public payant in Section 17.

While the 1976 Tunis Model Law was useful, much has happened in the last 37
years, and it seems appropriate to consider an update of this soft law

In considering possible revisions of the 1976 Model Law, we would recommend
WIPO examine the areas where a model act would be particularly useful,
including, for example, as regards the implementation ofcopyright limitations
and exceptions that address the special concerns of developing countries,
and which take into account new developments of international law,
including the norms contained in the WTO TRIPS Agreement, the 1996 WIPO
Internet treaties, and the Beijing and Marrakesh treaties.

Among other topics, there would be an opportunity to draft model provisions
that would address copyright limitations and exceptions for education and
research, including those institutions like libraries and archives that
support education and research, distance education delivered cross border,
access to orphaned copyrighted works, more timely exceptions for
translation, and systems of liability rules to address a variety of
concerns regard access to cultural works, consistent with addressing the
legitimate interests of suppliers of knowledge and cultural works.

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