[A2k] KEI intervention on education exceptions in SCCR 30

Thiru Balasubramaniam thiru at keionline.org
Fri Jul 3 03:48:13 PDT 2015


This was presented in the morning in the debate on education copyright

Thank you, Mr. Chair.

KEI would like to comment on the proposals submitted by the African Group
in relation to limitation on remedies for infringement contained in
paragraph 22 of the document.

titled “Access to Educational Materials: Limitation on remedies for

This is an exception that is “In addition to other copyright limitations
and exceptions, such as those included in Article 10, 10bis, the Appendix
and other Articles in the Berne Convention.”

What is proposed in this article is an approach that would give educators
the broad right to use works, in 4 specific areas of education, subject to
the “reasonable and fair compensation” to the “owner of the exclusive

Basically, this proposal by the African Group would complement other
exceptions available in education, including those under Article 10 of the
Berne Convention, for “Certain Free Uses of Works.”

The advantage of having the option of remunerative exceptions is both to
expand access to more works than can be justified under a “free use’
exception, and to provide, in some cases, authors with compensation for the

We would like to make three observations about this provision put forward
by the Africa Group. First, and proposal to provide compensation for
non-voluntary use of some uses of some works (the context is important) is
consistent with the practices and recommendations put forward by many
countries, including the submissions from the European Union, and I would
enjoy hearing the views of the European Union on this specific proposal.

Second, the proposal for limiting remedies for education is quite similar
to a recent proposal by the US library of Congress, in the context of
Orphan Copyrighted works, and I would also enjoy hearing the views of the
US delegation on this specific proposal.

Third, I note that the proposal by the African Group current proposes that
“this article shall only apply to Members who are regarded as a developing
country in conformity with the established practice of the General Assembly
of the United Nations.”

In this regard, it can be considered as an alternative or complement to the

It seems to offer an opportunity to address the very same access to
knowledge issues that the Appendix in the Berne sought but failed to remedy.

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