Just before 8 p.m. on Friday evening, the 25th session of the WIPO’s main committee for copyright policy, the Standing Committee on Copyright and Related Rights (SCCR), completed its work and adjourned. The meeting ended earlier and with less drama than many had expected, in part because many of the important decisions were deferred until an Extraordinary meeting of the WIPO General Assembly (EGA) will be convened on December 17 and 18, and also because many of the most contentions issues on a text for copyright exceptions for disabilities were either perceived as a draw between the competing interests, or left in brackets to be resolved later.
The SCCR 25 discussed four proposals for norm setting, considered in this order:
- A new treaty for copyright exceptions for persons with “print disabilities”
- A new treaty for broadcasting organizations
- A new treaty for copyright exceptions for libraries and archives
- A new treaty or other instrument for copyright exceptions for education.
The final conclusions from the meeting follow:
World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Twenty–fifth Session
Geneva, November 23, 2012
Conclusions
Limitations and exceptions for visually impaired persons/persons with print disabilities
1 At the start of its discussions, the Committee adopted the “Revised Working Document on an International Instrument on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities – WORKING TEXT October 19, 2012” as its working document for the SCCR/25 session.
2 The Committee adopted the “Draft text of an international instrument/treaty on limitations and exceptions for visually impaired persons/persons with print disabilities” (document SCCR/25/2) at the close of its discussions.
3 The Committee noted that significant progress had been made on the substantive provisions of a draft legal instrument/treaty on appropriate exceptions and limitations for persons with visual impairment and/or print disabilities.
4 The Committee agreed to recommend that the WIPO General Assembly, convened in extraordinary session on December 17 and 18, 2012, evaluate the text of document SCCR/25/2 and decide whether to convene a diplomatic conference in 2013 to adopt a legal instrument/treaty on appropriate exceptions and limitations for persons with visual impairment and/or print disabilities. Should the General Assembly decide not to convene a diplomatic conference in 2013, the SCCR recommends that it be directed by the General Assembly to continue negotiations on the text and to reallocate its time in the next SCCR to give priority to that work.
5 The Committee agreed to waive the two-month notice period for documents to be considered both at the Extraordinary General Assembly and the proposed Preparatory Committee meeting to be held on December 17 and 18, 2012.
Protection of broadcasting organizations
6 The Committee considered the “Working document for a treaty on the protection of broadcasting organizations” (document SCCR/24/10). It was agreed that a corrigendum, based on textual corrections suggested by the Delegation of Japan and the discussion held by the Committee, would be produced by the Secretariat.
7 The Committee further decided, subject to further textual comments to be submitted by the Members, that in order to advance its work on the basis of document SCCR/24/10 towards a text that will enable a decision on whether to convene a diplomatic conference in 2014, a three day inter-sessional meeting will be organized during the first half of 2013.
Limitations and exceptions for libraries and archives
8 The Committee expressed different views on the “Working document containing comments on and textual suggestions towards an appropriate international legal instrument (in whatever form) on exceptions and limitations for libraries and archives” (document SCCR/23/8).
9 The Committee agreed to continue its text-based work at the SCCR/26 session, towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms), and to consider the structure of the document, as well as whether to hold a three-day inter-sessional meeting on limitations and exceptions for libraries and archives in the second half of 2013, between the SCCR/26 and SCCR/27 sessions, with the target to submit recommendations on limitations and exceptions for libraries and archives to the General Assembly by the SCCR/28 session.
10 The Committee took note of the request of the African Group and its Member States, and of the Delegations of Argentina, Brazil, and Ecuador, that their comments in document SCCR/23/8 be moved to an annex at the end of the document.
Limitations and exceptions for educational and research institutions and persons with other disabilities
11 The Committee took note of the “Provisional working document towards an appropriate International Legal Instrument (in whatever form) on Limitations and Exceptions for Educational, Teaching and Research Institutions and Persons with Other Disabilities Containing Comments and Textual Suggestions” (document SCCR/24/8 Prov.).
12 The Committee agreed to continue text-based work on SCCR/24/8/Prov. at the SCCR/26 session, towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms), and to consider during that meeting the possible reorganization of the document and the possible identification of issues on which the Committee could focus its text-based work, with the target to submit recommendations on limitations and exceptions for educational, teaching and research institutions and persons with other disabilities to the General Assembly by the SCCR/30 session.
13 The Committee took note of the request of the African Group and its Member States, and of the Delegations of Argentina, Brazil, and Ecuador, that their comments in document SCCR/24/8/Prov. be moved to an annex at the end of the document.
Next session of the SCCR
14 The 26th session of the SCCR will take place in July 2013. The Committee agreed that two days will be devoted to the agenda item on the protection of broadcasting organizations; two days will be devoted to the agenda item on limitations and exceptions for libraries and archives; and one day will be devoted to the agenda item on limitations and exceptions for educational, teaching and research institutions and persons with other disabilities.
[End of conclusions]