Semi live blogging, for Monday (September 28), at the WIPO 2009 General Assembly
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The WIPO 2009 General Assembly concluded its deliberations on the Standing Committee on Copyright and Related Rights. The GA took note of the information contained indocument WO/GA/38/5, encouraged the SCCR to continue its work on the protection of audiovisual performances, the protection of broadcasting organizations and limitations and exceptions (order follows order from WIPO report) and requested the WIPO Secretariat to report on the work of the SCCR at the General Assembly in September 2010.
Australia, a member of Group B, delivered the following message on a Treaty for Reading Disabled Persons.
With respect to exceptions and limitations, Australia strongly supports the immediate attention of the SCCR on addressing the special needs of visually impaired persons under this general agenda item of ‘exceptions and limitations’. Australia believes enhanced access to copyright materials for people with a disability should be a priority. Australia supports the dual approach of the stakeholder’s platform as well as examining the possibility of an international instrument. Australia has commenced domestic consultations in this area and will do more leading up to the 19th meeting of the SCCR so that it can constructively contribute to next steps.
The United States rejected the EU proposal to reduce the threshhold needed for WIPO to convene a Diplomatic Conference for Broadcasting Organization.
As a threshold matter, the United States notes the 2006 GA mandate was a direct response of the failure of the SCCR to reach agreement on even the most fundamental elements of a possible treaty text. That is, the SCCR failed to reach agreement on the kinds of broadcasts to be protected, as well as the scope of rights and exceptions and limitations. In the view of the United States, therefore, the terms of the 2006 GA are necessary, prudent and appropriate.
More broadly, the United States believes that the terms of the 2006 GA mandate are consistent with well-established WIPO policy and practice for convening a successful Diplomatic Conference, which strongly favors reaching agreement on the principal provisions of a treaty text before convening a Diplomatic Conference. Thus, we believe the EU’s proposal could set an unfortunate precedent for the other WIPO Committees.
On limitations and exceptions, the US expressed its faith in the current Berne framework. With respect to reading disabled persons, the United States looked forward to “discussing a wide range of solutions and proposals to enhance the accessibility of copyrighted materials by the blind and visually impaired at the next meeting of the SCCR in November, including the World Blind Union treaty proposal put forward by Brazil, Ecuador, and Paraguay. However, on copyright limitations and exceptions in general, the US indicated that it was “not convinced of the need to undertake norm-setting activities at the international level related to exceptions and limitations, given the success of the Berne framework.”
India and Malaysia, in their respective statements, expressed strong support for the Treaty for Reading Disabled Persons. Malaysia urged WIPO to move ahead on work to conclude a Treaty for the Visually Impaired.