[A2k] SCCR27: Chair’s Conclusions

Thiru Balasubramaniam thiru at keionline.org
Thu May 8 01:33:39 PDT 2014


http://keionline.org/node/2008

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World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–seventh Session
Geneva, May 2, 2014

*Chair’s Conclusions*

*Protection of Broadcasting Organizations*

1. Based on the outcome of the 26th Session of the SCCR, the Committee
considered Articles 6 and 9 of the Working document for a treaty on the
protection of broadcasting organizations (SCCR/27/2 Rev.), and the Proposal
on a Treaty on the Protection of Broadcasting and Cablecasting
Organizations (SCCR/27/6) presented by the Delegations of Armenia,
Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation,
Tajikistan, Turkmenistan, Ukraine and Uzbekistan.

2. Following a proposal submitted by the Delegation of the United Kingdom
contained in document SCCR/27/3, a technical presentation was made to the
Committee by an expert of the British Broadcasting Corporation (BBC) on
types of advanced technology being used by broadcasting organizations.

3. Technical working non-papers which addressed issues relating to the
categories of platforms and activities to be included under the object and
scope of protection to be granted to broadcasting organizations in the
traditional sense were taken into account in informal discussions. These
discussions were instrumental in helping to clarify various technical
issues and delegations’ positions.

4. During the discussions it was understood that broadcasting (wireless or
by wire), cablecasting subject to clarification of the legal treatment of
cablecasting organizations in national laws, and pre-broadcast signals
should be included in the scope of application of the proposed Treaty on a
signal-based approach. Some delegations were of the view that such
protection should be mandatory under the Treaty.

5. Different points of view were expressed with regard to simultaneous and
near simultaneous unchanged transmission of broadcasts. Some delegations
considered such transmission closely connected to broadcasting, while some
other delegations were of the view that such transmissions required further
discussion in the Committee to consider possible inclusion in the object of
protection of the proposed treaty.

6. Discussions took place in relation to the possible inclusion of deferred
linear transmissions of broadcasts and on demand transmissions of
broadcasts (catch up) and program related material, which will be further
examined at the next session of the Committee. If such protection is to be
included, further discussions will be held on whether the protection would
be mandatory or optional.

7. Several delegations did not agree with the possibility of including
Internet originated linear transmissions in the object of protection while
other delegations expressed a preference for its inclusion.

8. In relation to the protection to be granted to beneficiaries, various
approaches were discussed which will be further examined at the next
session of the Committee. Some delegations expressed support in favor of
rights relating to the transmission of the broadcast signal from a fixation
while some delegations strongly questioned the granting of rights for
activities taking place after the fixation of a broadcast signal, such as
reproduction of fixations of broadcasts, distribution of fixations, and
performance of a broadcast signal in places accessible to the public. A
number of delegations considered that there should be exclusive rights for
broadcasting organizations while others considered there should be a right
to prohibit when third parties intercept signals by any means.

9. Some delegations requested presentation and further discussion with
experts on some technical issues at the next session of the SCCR.

10. This item will be maintained on the agenda of the 28th session of the
SCCR.

*Limitations and exceptions: libraries and archives*

11. The Committee based its discussions on the “Working document containing
comments on and textual suggestions towards an appropriate international
legal instrument (in whatever form) on exceptions and limitations for
libraries and archives”, adopted by the Committee, (document SCCR/26/3),
and to some extent on the “Objectives and Principles for Exceptions and
Limitations for Libraries and Archives”, submitted by the United States of
America (document SCCR/26/8).

12. Different points of view remained in terms of the nature of an
appropriate international legal instrument or instruments (whether model
law, joint recommendation, treaty and/or other forms) referred to in the
2012 General Assembly mandate to the SCCR. Some delegations expressed their
support for a binding instrument or instruments; other delegations did not
support a binding instrument or instruments. The Committee continued the
discussions on the pending topics in Document SCCR/26/3 in order, using a
text-based approach.

13. The Secretariat informed the Committee of the state of the on-going
work regarding the update of the Study on Copyright Limitations and
Exceptions for Libraries and Archives (document SCCR/17/2) by Professor
Kenneth Crews.

14. Several delegations proposed that the Secretariat organize regional
workshops to address the challenges faced by libraries and archives in
relation to the 11 issues identified in document SCCR/26/3, including the
application of existing international treaties. During the preliminary
discussions, some delegations expressed interest, while others were not in
a position to support the proposal. The Secretariat was asked about the
available resources to organize such meetings but no further action was
agreed. One delegation asked for a presentation during the SCCR by
technical experts on the complex issues faced by libraries and archives.

15. During the discussions on Document SCCR/26/3 there was a rich exchange
of information on national practices and practical experiences, including
detailed information and figures, as well as proposals to merge the
different texts on various topics. The proponents of texts agreed to work
on their proposals for each of the topics discussed, taking into account
other suggestions on those texts made during the 27th Session. This time,
the Committee discussed Topics 5, 6, 7, 8, and 9, and started discussion of
Topic 10.

16. As to topic 5, on parallel importations, some delegations recognized
that it was a cross-cutting sensitive issue. Some delegations emphasized
that the choice for international,

regional or national exhaustion was left to national law by international
copyright treaties. A number of aspects of the topic were explored by
delegations and observers.

17. As to topic 6, on cross-border uses, a number of delegations expressed
different views on how to enable libraries and archives to exchange works
and copies of works across borders as part of their public service mission,
particularly for education and research. A number of aspects of the topic
were explored by delegations and observers.

18. As to topic 7, on orphan works, retracted and withdrawn works, and
works out of commerce, the importance of addressing this issue was
discussed, as that subject matter was under development and consideration
in many countries. Some delegations were of the view that these categories
of works should be treated separately bearing in mind their own
particularities. A number of aspects of the topic were explored by
delegations and observers.

19. As to topic 8, on liability of libraries and archives, several
delegations stated this was a complex topic that needed further
consideration. Some were of the view that a limitation on liability would
empower libraries and archives to fulfill their mission. A number of
aspects of the topic were explored by delegations and observers. Some
delegations expressed their concerns about cross-cutting principles of
civil law and international obligations on that matter.

20. As to topic 9, technological protection measures (TPMs), a number of
delegations recognized that technological measures of protection should not
represent barriers for libraries and archives in fulfilling their missions.
Other delegations believed that the existing international treaties already
provided a flexible framework enabling appropriate solutions at the
national level. Various approaches were discussed on how to address the
relationship between TPMs and limitations and exceptions for libraries and
archives. A number of aspects of the topic were explored by delegations and
observers.

21. As to topic 10, on contracts, a number of delegations expressed views
as to whether contractual practices should override the operation of
exceptions and limitations at the national level. Different views were
expressed regarding the need for international norms regulating the issue.
Legal and practical implications of the relationship between licensing
schemes and new technologies and services were also discussed.

22. There was no agreement in relation to the preparation of a new document
by the Secretariat and on the basis for the future work of the Committee on
this agenda item.

23. This item will be maintained on the agenda of the 28th session of the
SCCR.

*Limitations and Exceptions: educational and research institutions and
persons with other disabilities*

24. The Committee based its discussions on the “Provisional Working
Document Towards an Appropriate International Legal Instrument (in whatever
form) on Limitations and Exceptions for Educational, Teaching and Research
Institutions and Persons with Other Disabilities Containing Comments and
Textual Suggestions” (document SCCR/26/4/Prov).

25. The importance of the subject of limitations and exceptions for
educational, teaching, and research institutions and persons with other
disabilities was discussed and recognized. The Delegation of the United
States of America introduced a document entitled “Objectives and Principles
for Exceptions and Limitations for Educational, Teaching and Research
Institutions” for future consideration by the Committee.

26. There was no agreement in relation to the preparation of a new document
by the Secretariat and on the basis for the future work of the Committee on
this agenda item.

27. This item will be maintained on the agenda of the 28th session of the
SCCR.

*Other Matters*

28. Two delegations suggested the inclusion of a new topic on the resale
royalty right in the future work of the SCCR.

29. The Committee took note of the Eighth Interim Report of the
Stakeholders’ Platform (SCCR/27/4).

*Next Session of the SCCR*

30. Chair’s proposal for the future work to be considered at the 28th
Session of the SCCR: At SCCR/28 the first half of the session will be
devoted to the agenda item on the Protection of Broadcasting Organizations,
and the second half of the session will be devoted to the agenda item on
Limitations and Exceptions. It is understood that the SCCR/28 session will
start and finish with the standard procedural agenda items
[1]<http://keionline.org/node/2008#1b>
.

[End of conclusions]

[1] <http://keionline.org/node/2008#1> Namely opening of the session,
adoption of the agenda, possible accreditation of observers, adoption of
the report of the 27th session of the SCCR, and respectively all other
matters and closing of the session.



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