ARTICLE F1 OBLIGATIONS CONCERNING TECHNOLOGICAL MEASURES
Member States shall ensure that beneficiaries of the exception provided by Article C have the means to enjoy the exception where technological protection measures have been applied to a work.
In the absence of voluntary measures by rights holders and to the extent that copies of the work in the accessible format are not available commercially at a reasonable price or via authorized entities, Member States/Contracting Parties should/shall take appropriate measures to ensure that beneficiaries of the exception provided by Article C have the means of benefiting from that exception when technological protection measures have been applied to a work, to the extent necessary to benefit from that exception.
The US wants to keep as is. Maybe some proposal along the Beijing treaty line
Swiss: supports for the US. Add “in particular” at the beginning of paragraph 2 and agrees that the paragraph can
Ecuador:
the first two lines of the second paragraph “In the absence of voluntary measures by rights holders and to the extent that copies of the work in the accessible format are not available commercially at a reasonable price or via authorized entities” should be deleted
Peru: we could take language from Bejing treaty since there was consensus
ARTICLE G RELATIONSHIP WITH CONTRACTS
Nothing herein shall prevent Member States/Contracting Parties from addressing the relationship of contract law and statutory exceptions and limitations for beneficiary persons.
Nigeria: concerns about movement in the fields to use contracts to prevent use. We propose new language: “contracts that override…shall be null and void”
ARTICLE H
RESPECT FOR PRIVACYIn the implementation of these exceptions and limitations, Member States/Contracting Parties should/shall endeavor to protect the privacy of beneficiary persons on an equal basis with others.
Chair: No proposal
Article I
The three-step test should be interpreted in a manner that respects the legitimate interests of third parties, including
– interests deriving from human rights and fundamental freedoms;
– interests in competition, notably on secondary markets; and
– other publics interests, notably in scientific progress and cultural, educational, social, or economic development” (Venezuela)
Chair: Any proposal on I?
EU: EU wants to add a J but we are flexible where. It is about creating a registry of voluntary authorized entities to identify each others. That would facilitate their tasks.
Chair: Any additional texts?
Ecuador: clarify? what is the status of the Venezuela proposal Article I?
Chair: I cannot see Venezuela…
Ecuador: we would like to put the original proposal by Ecuador.
Chair: Any other suggestions?