The 39th Standing Committee on Copyright and Related Rights is currently focused on creating a work programme to consider international instruments or solutions to the widespread problems associated with a lack of limitations and exceptions across the world to facilitate cross border and digital uses of works for public interest purposes.
The following statement was made by Deputy Director General Sylvie Forbin at the Standing Committee on Copyright and Related Rights summarizing the conclusions from the international conference on limitations and exceptions held October 18-19 in Geneva, Switzerland. The text below is an unofficial transcript (transcribed by Sean Flynn) of DDG Forbin’s oral presentation and may contain small errors and incomplete syntax given the mode of presentation. A fuller written report on the conference and regional seminars will be published by the Secretariat two months before the 40th meeting of the SCCR. The date for the 40th SCCR has not been set.
I’m going to touch on just a couple of aspects of the conference, off the cuff, really, because these are things that emerged in the final panels.
Geidy mentioned that we had four thematic panels, and that was indeed the case and we tried to do a wrap-up of everything that had been discussed in the last panel. We did that with the Member States who participated in the regional seminars, those which were not able to participate in the regional seminars because they were not Member States in one of the regions covered, and we also involved the experts who were attending the conference, obviously.
There was an enormous amount of debate at the conference and an enormous amount of information being provided and being discussed, and as a result of that, we can’t, despite our work which is acknowledged by everybody, at least I hope so, actually give you all the detailed results of the conference today, so we’re going to need a little bit more time for that, a couple of weeks perhaps, so as to draw out the panel’s conclusions the most important issues that are a little further down the line.
What we did say we would do, and we will to a certain extent — we’ve already started to do so — is to extract from the final thematic panel some of the most salient threads. At my own risk, so to speak, I’m going to tell you now what they were and I’m doing this simply to give you an off-the-cuff idea of the brightest and strongest of those threads that can be pulled out of the fabric of the conference. I’ll do it in English because I’m very much afraid and we haven’t actually had the time to translate the elements either.
The way forward:
First, it is important to recall the essential role of copyright to support and reward creativity. Creators have an indispensable role in what will become cultural heritage as well as what is at the core of education and research.
Second, cultural heritage is an invaluable and vulnerable common good. A multi-layered approach, including technical and legal solution for its preservation must be put in place. Libraries, archives, and museums have a major role to play in the development and implementation of solutions to achieve this objective.
Third, facilitating access to knowledge is fundamental to achieve the goals of quality education and research. Educational and research institutions have a major role to play in the development and implementation of solutions to achieve these objectives.
Four, the topic of limitation and exceptions to copyright is an issue shared by all countries as limitations and exceptions are a natural part of any balanced copyright system. Copyright should not be seen as an obstacle but as a facilitator. One should not mix freedom of access with access for free. There is room for unremunerated subjects and uses subject to remuneration and uses subject to licensing schemes.
Five, in addition to the ongoing work on limitations and exceptions, other solutions, including contractual agreements and licensing-based solutions could be considered as part of a holistic approach.
Collective management organizations have a major role to play in the copyright system, in particular in facilitating cross-border activities. Including remote of normal –
Seven, I have the music to accompany this and seven, the capacity building should be available to support countries that do not have appropriate limitations and exceptions in demanding their national legal frameworks. A range of tools and guidance, including experience, professional practices, could be developed for there purpose. A buffet of options could be available for Member States.
Eight, the Berne convention offers Member States implementation of the provision and limitations and exceptions are guided by the three-step test.
Nine, concerns about the liability of different stakeholders among the cultural and educational institutions, as well as the creation of safe harbors should be considered. In this perspective, alternative dispute resolution mechanism could also be explored.
Ten, the search for solutions could be at national, sub-regional, regional, and international levels and consideration could be given to developing instruments appropriate at those levels.
Mirroring the three original seminars, expert groups might be set up to address different issues, taking into account the dynamic of the regional meetings, especially the linguistic dimensions to address specific challenges and issues. And incremental methodology could be put in place with a precise timeline and result-oriented approach.
Member States role, first the Member States have a major part to play in developing a national balance copyright system.
Second, Member States are encouraged to take full advantage of the scope of limitations and exceptions and the Berne Convention to fulfill policy objectives.
Three, Member States should also address the need to strengthen technical and institutional infrastructure when necessary.
Finally, WIPO’s role. The work on this topic must continue in the holistic and forward-looking way.
Second, WIPO should ensure the provision of legislative and technical assistance and enhance the legislative capacity of Member States, in particular, for cross-border uses and the establishment of balanced copyright laws.
Third, WIPO should develop a range of tools such as models, recommendations, guidance, handbooks, and toolkits, among others, containing information on licensing options as well as on limitation and exceptions.
I thank you.
