[A2k] SCCR/32 EIFL-IFLA statement on broadcasting

Teresa Hackett teresa.hackett at eifl.net
Wed May 11 12:16:00 PDT 2016

Statement submitted in writing at SCCR/32 that will be put in the record of
the meeting.



32nd Session: Geneva, 9 May – 13 May 2016

Agenda item 5: Protection of broadcasting organizations

I'm speaking on behalf of Electronic Information for Libraries (eIFL.net)
and the International Federation of Library Associations and Institutions

As stated at previous sessions of the Committee in relation to this topic,
a new layer of rights that affects access to content is of concern to
libraries because it imposes an additional barrier to access to knowledge,
particularly content in the public domain.

However since current discussions relate to post-fixation rights, the issue
of exceptions becomes critical.

In *principle*, it is essential that access to information for social and
public interest reasons, the development of educational materials and
distance education, the preservation of content for future generations, and
use by persons with disabilities is not harmed or undermined.

Since the Rome Convention provides for the use of transmissions for news
broadcasts and for education and scientific research, the principle of
provisions for access is established.

The *problem* is that a new layer of rights will impose extra costs and
complexity on public institutions through having to deal with an additional
set of rightsholders. For sure, it will add to the orphan works problem
that is already huge, and where policy makers around the world are trying
to find solutions.

The *solution* is for a robust set of exceptions that are flexible, and can
withstand changes to technology and new uses of content.

And they must not be taken away by terms in contracts, or technological
protection measures.

Therefore we support a strong public interest provision that establishes
the principle, as set out in document SCCR 27.2 rev., Alternative C  as

*Article 2. General Principles *

*‘Nothing in this Treaty shall limit the freedom of a Contracting Party to
promote access to knowledge and information and national educational and
scientific objectives, to curb anticompetitive practices or to take any
action it deems necessary to promote the public interest in sectors of
vital importance to its socio-economic, scientific and technological

In the same document, we support Alternative C for Article 10 [paragraphs 1
to 3] that has two provisions.

Paragraph 1 allows contracting parties to provide the same kinds of
limitations and exceptions as they provide in connection with the
protection of copyright.

Paragraph 2 sets out *inter alia *specific exceptions that may also be
applied including uses by libraries, archives or educational institutions
for the purposes of preservation, education and/or research.

Because we know that new technology creates new opportunities, such as text
and data mining, and new problems such as orphan works, the exceptions must
be robust and forward-looking. They must not frozen in time, or outdated as
soon as the ink has dried on any new instrument. Contracting Parties must
have flexibility to adapt and add new exceptions as and when they are

To conclude, any new international instrument must get the balance right
between the protection of broadcast organizations and the public interest,
as well as the rights of other rightholders in the copyright system.

Thank you.

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