SCCR 30 The European Union on the Broadcasting treaty (thumbs up) and the L&E (thumbs down)

Not surprising: the European Union statement re the agenda:
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Chairman, the Committee should this time again strive to make the best possible use of time and resources which demands clarity as to the goals and expected deliverables under each Agenda Item. The European Union and Member States have been actively involved in the discussions on the treaty for the protection of broadcasting organizations. These discussions for us are of great importance and we are ready to continue to work constructively to advance work on the matter that undeniably is complex and technical at times. A broad consensus is needed to the extent much the protection to be granted so the treaty can provide broadcasting organizations with adequate and effective protection. While trying to build such consensus our aim needs to remain the conclusion of a treaty which is meaningful in view of the technological realities and of the needs of broadcasting organizations in the 21st Century.

On the Agenda items related to exceptions and limitations, the European Union and Member States believe that a meaningful way forward cannot be based on clarity of the direction and objective of the discussions should have. We believe a sure understanding of what the
outcome of the discussion can and should be is the precondition to avoid the risk that the Committee uses precious time and resources to no avail.

The 2014 General Assembly did not provide the Committee with a new mandate on libraries and archives. We need to understand the way forward on education and research institutions and people with other disabilities can be that’s acceptable to all WIPO members. The European Union and Member States believe that there should be a meaningful way forward in these areas despite existing differences within a fruitful discussion that’s clearly defined and agreeable to all. In our view, that space is to be found in the broad and flexible boundaries of the current international copyright legal framework and not within the realm of further legally binding instruments which is a direction that we do not support.

We are willing to participate constructively and concretely in the discussions and we propose to do it on the basis of an exchange of best practices. As shown by the captivating discussions on the updated study on the study of library and archives around the world by the professor Kenneth Crews, it is an approach that we hope that the Committee will support. An exchange of best practices is helpful in clarifying solutions across the WIPO membership in these areas fostering mutual learning and identifying where under the current international framework international cooperation may be of assistance. As arts to future work, the European Union and Member States would support work on implementation and enforcement of the existing treaties. Thank you.