The last item on the SCCR 29 agenda is Item 7: Limitations and exceptions for educational and research institutions and for persons with other disabilities.
There are two documents on this topic. Document SCCR/26/4 prov is a provisional working document describing “an 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 limitations. The US have also tabled document SCCR/27/8, with objectives and principles for exceptions and limitations for educational teaching and research institutions. As it was the case for the discussion on libraries and archives, the US is proposing a discussion on principles and objectives but no “instrument” while a coalition of developing countries are proposing discussion on a text. The European Union would rather not discussed any of this but they mmight have to be flexible.
Here are the Group Statements:
> JAPAN: Thank you, Mr. Chairman. Mr. Chair, at the outset, Group B fully recognizes the exchange of our ideas with limitations and exceptions for education and research institutions. Enough time has not been allocated to the discussion on the contribution by the United States, a titled objectives and principles for limitations and exceptions for educational, teaching, and research institutions, SCCR/27/8.
So that end, it would be helpful for the United States to further elaborate on the document and hear comments and views. This proposal was designed to support exchange of experiences. The committee should give further consideration to this contribution. Mr. Chairman, Group B will continue to engage on this issue in a positive spirit.
I thank you, Mr. Chair.>> CHAIR: Thank you very much. The Czech Republic has the floor.
>> CZECH REPUBLIC: Thank you, Mr. Chair. I have the honor to speak on behalf of central European and Baltic States. Activities of educational and teaching institutions build the ground for modern economies by providing diversity of specialists for labor market. We recognized that education courses are now as provided in various modes, including regular daily studies as well as those offered in the distance learning systems.
The digitization of educational materials and many other opportunities provide — provided by new technologies have led to the development of new teaching tools and methods. The CEBS group recognizes that research, educational and teaching institutions have to be supported by modern and balanced copyright polities. Copyright systems that exist in many WIPO Member States already provide quite a broad spectrum of limitations and exceptions crafted for educational and scientific research sectors. We are of the view that it should be up to every — every WIPO Member States to decide what kind of mechanism is more adapted to the traditions and the realities of their societies and better reflect the educational and research policy goals.
We are convinced that modern copyright systems also have to provide for a variety of licensing schemes that are useful, flexible and supportive for educational research and teaching institutions in they are everyday activities.
As it has been said before in relation to the exceptions and limitations for libraries and archives, it’s crucial also in this field to preserve the flexibility of WIPO Member States to shape their services by different copyright mechanisms. The CEBS Member States will continue to participate in the exchange of views and national experiences that relate to the limitations and exceptions for educational research and teaching institutions and we will look forward to the other Member States.> KENYA: Thank you, very much. The African Group expresses its deep concern on the inability of this committee to advance discussions on the topic of exceptions and limitations for education in such institutions and persons with other disabilities. Indeed the discussions in the last two sessions were on procedural matters just to contain the topic and for the sake of putting it in the report. The 2012 General Assembly, asked us to work towards an appropriate instrument, whether a treaty and other forms with the target that we reach limitations, and exceptions for education and research institutions and persons with disabilities to the General Assembly by the 30th session of the SCCR. With a clear mandate and a target, one would have expected that adequate time would have been located to this topic so as to assure that committee fulfills the mandate. With a curren disappropriate — it is difficult to see how this mandate could be achieved. In this regard, it will be important to review the current time allocation to ensure that all topics get equal consideration and fulfill the mandate and target state by the General Assembly.
The current time allocation gives undue advantage to one topic and creates room for unnecessary confusion and destruction on moving the work — the work on the two topics on limitations and exception. We therefore urge the SCCR to allocate time to the two topics during the next session and focus on substance and not procedural matters.
We also request a similar study as to the one conducted on libraries and archives to be undertaken. The study should also focus on the challenges faced by education and such institutions and persons with other disabilities within the digital environment and the possible solutions to address them.
I thank you.
India made a passionate statement in support of work on the topic.
> INDIA: Thank you, Mr. Chair. I have the honor to take the floor on behalf of the issue and the capacity group on this agenda item of access limitations and for persons with other disabilities.
Mr. Chairman, it would be a gross understatement if we simply say that the limitations and exceptions for educational research institutions and for persons with other disabilities are important. Rather, these limitations and exceptions should be considered necessary and we are of the view that it is our duty to ensure these provisions, the provisions of these institutions and especially for the disabled persons in various forms in our society and families should be dealt with. Mr. Chairman, due to lack of resources to meet individual needs and the continuously widening digital divide, the educational research institutions are important means for information for the people of our Member States. Though the advancement of science and also technology has quite transformed the mode and means of diffusion of information and knowledge, but not all the countries of our group are benefiting equally from these developments. Historical and other material regions is been hindering most of our groups. Our group is the moment of the largest number of disabled persons in the world and they are the common responsibility. So ensure access to educational and information materials and to guarantee sustainable, access we must develop a comprehensive and inclusive framework for research institutions and for persons with other disabilities. At this stage, we would also repeat that our friend from European Union had said in their object statement, that trouble requires direction which we like. In the same view, we also say that our discussions would also require an aim on director. We would like to move forward by sharing practical and substantial information, but only sharing of experience will not lead us to anywhere, unless we develop a text to work with.
For this purpose, Mr. Chairman, our group would reiterate our previous proposal for appointing facilitator or friends of Claire to develop working Text for exceptions and limitations for education and research institutions from the documents currently on the table.Now, we also understand that it is without prejudice to the form of the new international instrument that would be developed in this course. Mr. Chairman, we look forward to compassionate understanding of all Member States in this regard.
Thank you
Then the European Union took the floor and surprised some delegates who thought either the tone or the substance of the statement was more moderate than usual on this topic:
>> EUROPEAN UNION: Thank you, Chairman. The European Union and its Member States find it important that the copyright framework enables educational, teaching and research institutions to fulfill their role, both in the analog and the digital world. We therefore welcome discussions on how the copyright framework can enable these institutions to fulfill their public interest mission and we are willing to engage constructively in these discussions. The EU and its Member States are convinced legal space and flexibility provided for by the existing international copyright framework are sufficient for all Member States of WIPO to drafta don’t and implement meaningful limitations and exceptions in this area.For this reason, the European Union and its Member States are not considering work leading to a legally binding instrument in this area. The sharing of best practices among WIPO members and when necessary and required, the assistance of WIPO is useful in this regard. The work undertaken by this committee on the subject can have a meaningful outcome, if the committee shares the same understanding of the starting point and objectives of the current exercise. Clarity on this point is important, and in the same way as for other subjects discussed by the SCCR, should be achieved now. We believe that the committee should work on facilitating the adoption and the implementation of relevant exceptions and limitations at the national level in agreement with the existing international framework, an objective which we hope everybody will agree on.
This approach is one where individual Member States take responsibility for their own legal framework while relying on the mutual support that the exchange of best practices and pooled resources can offer.
Thank you, Chairman.