[A2k] HRC28: Statement of the European Union- Cultural Rights (Response to SR Report on Copyright and Right to Science and Culture)

Thiru Balasubramaniam thiru at keionline.org
Thu Mar 12 10:08:10 PDT 2015


HRC28: Statement of the European Union- Cultural Rights (Response to SR
Report on Copyright and Right to Science and Culture)

Submitted by thiru <http://keionline.org/user/6> on 12. March 2015 - 18:56

http://keionline.org/node/2194

On Wednesday, 11 March 2015, Oliver Hall-Allen, First Counsellor,
Delegation of the European Union to the United Nations Office in Geneva
<https://www.flickr.com/photos/wipo/15683630657/>delivered the following
statement
<http://eeas.europa.eu/delegations/un_geneva/documents/eu_statments/human_right/20150311_clustered_id_cultural_rights_-_sale_of_children.pdf>
in
response to the presentation of the Special Rapporteur in the Field of
Cultural Rights (Farida Shaheed) on her Report on Copyright policy and the
right to science and culture (A/HRC/28/57
<http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Pages/ListReports.aspx>
).

In relation to copyright limitations and exceptions, European Union noted
that the "EU and individual EU MS a wide-ranging system of E& L integrated
in domestic laws. This has been clearly demonstrated in the recent study
prepared by Professor Kenneth Crews which has been extensively discussed in
WIPO framework."

With respect to the international level, the European Union noted that,

[T]he EU calls for the protection of author’s rights protection to make
innovation and creation sustainable, to strengthen cultural and creative
industries, and to support economic growth and development.

We note that one recommendation calls for the adoption of international
instrument on copyright exceptions and limitations for libraries and
archives. While the EU and its MS are not willing to consider a legally
binding instrument in this area, we believe that there is a role for WIPO
to work on this subject taking into account the existing flexibilities at
the national, regional and international level.

The statement in full follows below.

UNITED NATIONS HUMAN RIGHTS COUNCIL
28th session
Clustered Interactive Dialogue on the Report of the Special Rapporteur
in the field of cultural rights on
"Copyright policy and the right to science and culture"

11 March 2015
EU Intervention

The European Union would like to thank the Special Rapporteur, Ms Farida
Shaheed, for her Report on the relation between copyright law and policy
and the right to science and culture.

We were surprised to see that the Report has not taken into account many
comments from MS and relevant stakeholders, which would ensure more balance.

The EU attaches great importance to promoting cultural rights, to fostering
science and innovation, and to a solid copyright system which acts as a
spur to the creative process. These objectives are complementary and
mutually reinforcing. As is recalled in the Report, the right of science
and culture and the protection of intellectual property are often enshrined
side by side in various international human rights documents.

Copyright is fundamental to creation, and as such plays an essential role
in human development. It provides the necessary reward and incentive for
those that stand at the heart of the creative process, advancing the sum of
human understanding to the benefit of all.

The EU considers that complementarity should be the guiding principle for
our discussions on the relation between science, culture and copyright and
the different stakeholders involved.

The EU and individual EU MS a wide-ranging system of E& L integrated in
domestic laws. This has been clearly demonstrated in the recent study
prepared by Professor Kenneth Crews which has been extensively discussed in
WIPO framework.

At the international level, the EU calls for the protection of author’s
rights protection to make innovation and creation sustainable, to
strengthen cultural and creative industries, and to support economic growth
and development.

We note that one recommendation calls for the adoption of international
instrument on copyright exceptions and limitations for libraries and
archives. While the EU and its MS are not willing to consider a legally
binding instrument in this area, we believe that there is a role for WIPO
to work on this subject taking into account the existing flexibilities at
the national, regional and international level.

What were the positive effects of a strong copyright system on cultural
development that you have identified in your research?



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