At 12:50 AM on 5 July 2014, the World Intellectual Property Organization’s (WIPO) 28th Standing Committee on Copyright and Related Rights concluded without reaching agreement on recommendations to the WIPO General Assembly on the following two topics: 1) Protection of Broadcasting Organizations and 2) Limitations and exceptions: libraries and archives. WIPO has published the Chair’s (Martin Moscoso) conclusions in English and Spanish; the French version does not appear to be available yet. The next session of the SCCR will take place in Geneva on 8 December 2014 to 12 December 2014. In terms of the agenda, SCCR29 will discuss 1) Protection of Broadcasting Organizations, 2) Limitations and exceptions: libraries and archives and 3) Limitations and Exceptions: educational and research institutions and persons with other disabilities. According to the Chair’s conclusions, the “allocation of time at SCCR/29 will be the same as the allocation for SCCR/28”; effectively this means the first half of the session will be devoted to the “Protection of Broadcasting Organizations” and the second half of the session will be devoted to “Limitations and Exceptions”. However, at SCCR 29 there may be some pushback from certain developing countries in terms of the order of discussion with some arguing in favor of reversing the order of discussion (L&Es for the first half followed by broadcasting).
World Intellectual Property Organization (WIPO)
Standing Committee on Copyright and Related Rights (SCCR)
Geneva, July 4, 2014
Protection of Broadcasting Organizations
1. Based on the outcome and documents of the 27th session of the SCCR, the Committee pursued discussions on issues relating to the categories of platforms and activities to be included under the object and scope of protection to be granted to broadcasting organizations in the traditional sense, and initiated discussions on definitions.
2. The discussions were based on technical working non-papers addressing these issues submitted at the 27th and 28th sessions of the SCCR. Technical explanations submitted by stakeholders in relation to some specific issues considered in the informal discussions which took place during the session were compiled into an informal document.
3. The discussions contributed to progress on the understanding of the substance concerning the different options for protection of broadcasting organizations in the traditional sense to be addressed by the Committee.
4. The Secretariat was requested by some Members to provide an update of the 2010 study on “Current Market and Technology Trends in the Broadcasting Sector” (Document SCCR 19/12), focusing on the use of digital technology by cablecasting and broadcasting organizations in the traditional sense whether public or commercial, including in developing countries, with the aim of presenting the results of the study and providing opportunities for technical discussion at the 29th session of the SCCR.
5. This item will be maintained on the agenda of the twenty-ninth session of the SCCR.
6. There was no agreement on recommendations to the WIPO General Assembly (WIPO/GA/46).
Limitations and exceptions: libraries and archives
7. Based on the outcome of the 27th session of the SCCR and documents SCCR/26/3 and SCCR/26/8, the Committee continued discussion to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms) in relation to limitations and exceptions for libraries and archives. The discussions focused on general subjects related to such limitations and exceptions, namely adoption of national exceptions, support for research and human development, and exceptions and limitations in a digital environment; as well as on specific subjects related to the 11 topics identified in previous SCCR sessions, namely preservation, right of reproduction and safeguarding copies, and legal deposit.
8. Reference was also made by delegations to general and specific subjects from other general principles when they were understood as such.
9. Proponents of certain text proposals in document SCCR/26/3 announced that they had prepared and submitted consolidated versions as substitutes for the previous versions of those text proposals.
10. The discussions contributed to improve the understanding on the need for limitations and exceptions for libraries and archives, in particular in the digital environment.
11. This item will be maintained on the agenda of the 29th session of the SCCR.
12. There was no agreement on recommendations to the WIPO General Assembly (WIPO/GA/46).
Limitations and Exceptions: educational and research institutions and persons with other disabilities
13. Based on the outcome of the 27th session of the SCCR and documents SCCR/26/4 and SCCR/27/8, the Committee exchanged views on limitations and exceptions for educational and research institutions and for persons with other disabilities, and reiterated the importance of these subjects.
14. This item will be maintained on the agenda of the 29th session of the SCCR.
Contribution of the SCCR to the implementation of the respective Development Agenda recommendations
15. Several delegations made statements regarding this agenda item. The Chair stated that all statements including those submitted to the Secretariat in writing by July 11, 2014 in relation to the contribution of the SCCR to the implementation of the respective Development Agenda recommendations would be recorded in the report of the 28th session of the SCCR and would be transmitted to the WIPO General Assembly in line with the decision taken by the WIPO General Assembly related to the Development Agenda Coordination Mechanism.
Next session of the SCCR
16. The 29th session of the SCCR will take place from December 8 – 12, 2014.
17. Chair’s proposal for future work: The allocation of time at SCCR/29 will be the same as the allocation for SCCR/28.
[End of conclusions]