October 21, 2019
RE: Chair Proposal on Next Steps for Agenda Items 5 and 6

Dear Delegates at WIPO SCCR 39:

We are shocked by the attached proposal of the Chair to change the title of the agenda items on limitations and exceptions and prioritize discussions of the “role of licensing, contractual-based solutions, etc.”

We are also troubled by the measures that will have the effect of reducing action on limitations and exceptions to “capacity building” and “tool kits.”

This Committee has been focusing its work toward priority areas and has been advancing toward achievable international outcomes. The Chair’s proposal undermines this work.

The limitations and exceptions agenda has been mandated by the General Assembly. The promotion of licensing is not part of this agenda item.

If the Committee chooses to address “the role of licensing” it should be in a separate agenda item. Subject to agreement, such an agenda item should include discussion of unfair practices, transparency, and pricing.

We call for the rejection of this retrograde proposal which undermines more than a decade of work on this Committee.

Signed:

  • Canadian Federation of Library Associations (CFLA)
  • Centre for Internet & Society (India) (CIS)
  • COMMUNIA
  • Corporacion Innovarte
  • Creative Commons (CC)
  • Education International (EI)
  • Electronic Information for Libraries (EIFL)
  • Fundacion Karisma 
  • Global Expert Network on Copyright User Rights
  • Instituto Nacional de Ciencia e Tecnologia (INCT) PROPRIETAS
  • International Council on Archives (ICA)
  • International Council of Museums (ICOM)
  • International Federation of Library Associations and Institutions (IFLA)
  • Knowledge Ecology International (KEI) 
  • Society of American Archivists