[A2k] Structure of an Access to Knowledge Treaty. The KEI intervention at SCCR 38, on copyright limitations and exceptions

Thiru Balasubramaniam thiru at keionline.org
Wed Apr 3 03:22:03 PDT 2019


https://www.keionline.org/30279

Structure of an Access to Knowledge Treaty. The KEI intervention at SCCR
38, on copyright limitations and exceptions


Posted on April 3, 2019 by James Love

KEI intervention at SCCR 38, on copyright limitations and exceptions

April 3, 2019

KEI suggests the WIPO SCCR increase its ambitions on access to knowledge,
making it more political, and while more challenging, more worth the
investment of time and attention by political leaders.

In this regard, we would like WIPO to consider a way of structuring this
work, around a high level Access to Knowledge Treaty, organized as follows.

The foundation would be a high level agreement, that would be modified over
time (as the Berne was for a hundred years), with possible agreed
statements on issues like the relevance or application of the three step
test, for both general and particular exceptions.

We suggest the high level agreement would then have a formal relation to
three three types of agreements, similar to the way the WTO works, or some
elements of the Berne Convention.

There would be agreements that were:

1. Mandatory and Binding
2. Binding but optional, such as the annex to the Berne, and finally
3. Non-binding protocols

Examples of possible mandatory, binding agreements would be exceptions for
quotations and news of the day (both mandatory exceptions in the Berne),
the Marrakesh treaty on reading disabilities, or a new agreement on
exceptions for archiving and preservation, three areas where I believe
several authors groups can support.

Examples of optional binding agreements, might be something on access to
orphaned copyrighted works, or as regards augmenting training and
certification videos with computer generated captions for deaf people.

Examples of a possible non-binding protocol might be on text mining.

Other work on exceptions for education, research, professional training and
certifications, translations, libraries and museums could end up in
different parts of the agreement, depending upon levels of consensus on
hard or soft norms.


-- 
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org


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