SCCR 34 Limitations and Exceptions for libraries and archives

May 3, 2017 AM Session

SCCR 34 Limitations and Exceptions for libraries and archives

Some statements from member states regarding L&E for libraries and archives:

>> EUROPEAN UNION: Thank you, Chair. The EU and its Member States would like to reiterate our believe in the crucial function of libraries and archives for the dissemination of knowledge, information and culture and the preservation of our history. We, therefore, continue to believe that will there is merit in discussing how a balanced international copyright framework can enable these institutions to fulfill the public intermission while continuing to ensure that copyright is an incentive and reward to creativity and we are willing to enage constructively in these discussions..

Our favorite approach remains one where the work in this committee focuses on how exceptions and limitations can function efficiently within the framework of existing international treaties and where WIPO Member States take responsibility for their own national legal frameworks supported by an inclusive exchange of experiences and best practices and when necessary the assistance of WIPO.

As we have stated in the past, we believe that a miningful way forward could be to focus on thorough and systematic understanding of the problems faced by libraries and archives against their needs giving full consideration to the solutions provided by innovation and relevant markets and those available under the current international framework and we have engaged in the discussions on the basis of the Chair’s informal chart on these premises.. We furthermore carefully take note of the first draft of the revised and formal chart on limitations and exceptions for libraries and archives that the Chair has introduced SCCR/33 and which Member States are invited to comment during this session of the SCCR.

We would like to thank the Chair for his work and at the same time clarify that this working document of the Chair in our view should not be attributed to the committee as such but that it reflects the Chair’s view on the discussion. In addition, we would like to reiterate clearly that the purpose of this exchange of best practices as reflected in the Chair’s revised chart was to understand how exceptions and limitations can function efficiently at the national level within the framework of the existing international treaties. Like in the past, we believe a possible outcome of the discussions in this committee under this agenda item could be guidance regarding the national implementation of the international treaties, but we cannot support work towards really binding instruments at the international level. Thank you very much.

>> ARGENTINA: Thank you, Chairman. At the last session, Argentina presented document SCCR/33/4, a proposal on exceptions and limitations for libraries and archives and possible exceptions for teaching institutions and people with disabilities where new elements were made — were contributed to the discussions on the basis of this. The practices used by libraries and teaching institutions and so on cannot be addressed within states. They need to be resolved on an international level. Therefore, there is a need to have minimum standards and the approval of the coordinatio rules. This in the document was proposed to establish frame for loitions which initiates harmonization on an international level of literary works but take into account principles of international uniformity.

The aim was to come up with a consensus on what use of works by libraries and archives do not under mine the usual use and the rights of the authors. However, there was an issue here because when a provision is adopted, this is ternted or apply differently in each legislation, therefore, there is a need to introduce coordination rules to avoid any uncertainty for people working in libraries, archives, and users and rights holders.

There is a need to have ashiewrt that elicit use in some territories is not elicit in others and, therefore, application which is legal in some jurisdictions cannot be changed and made illegal by legalling proceedings in another country. We believe we need a clear legal instrument which allows us to improve social and economic development by promoting copyright while taking into account various different jurisdictions. To date, there is no study on the existence and content of similar standards on national legislation.

We can deduct, therefore, that it would be useful to have a consensual framework on the cross-border use of works and reproductions in the framework of a basic framework of exceptions, limitations previously agreed on by Member States. We are interested to hear comments by other delegations on these proposals. Thank you.

>> RUSSIAN FEDERATION: Thank you, Chairman. Our discussion over the past few years has clearly shown the need to have exceptions and limitations and here I don’t think you will find any person in the hall who would object to this view of the situation and the practice of the Marrakesh Treaty shows that such exceptions and limitations are required. However, to date we are facing a serious challenge with regards to the development of the Internet. The Internet means that we have to think about taking decisions which will allow on the one hand, allow us not to under mine or infringe the rights of authors and also to reflect the interests of people who are covered by exceptions and limitations which would allow them to achieve wide access to these works for the benefit of citizens.

In Russia such exceptions and limitations are already included in existing legislation, and have shown how effective they are. It seems to me that existing treaties, the Berne Convention, the Rome Convention and Internet agreements do not at present allow us to introduce such exceptions and limitations so once again I would like to reach out to colleagues to our countries and say that it seems to me that it is not a good idea for us to break down and use our time on two absolutely indistinguishable documents. We are talking here about libraries and archives and loitions thereto and also research and education institutions and their exceptions and limitations. I think we should work on one document.

I think we should merge together these exceptions and limitations in a single text. What will this be? Well, we are not yet ready, and I think many of those who spoken sifted on the need to have a legal document, a binding document. For example, based on the Marrakech, like the Marrakesh Treaty, rather, some said that this should be instructions or protocol to the Berne Convention. Here we need to find a compromise on what document we want to have at the end of the day. It seems to me that if we resolve this main task facing us, namely what we want to get at the end of it, as to whether or not it’s going to be a binding treaty or instructions or guidelines or an international instrument of some kind, I think that would be a good idea.

Then I think we will work faster and we will manage to achieve good results. So once again, I would like to invite you to really think about this, really seriously, to unify these two topics in one document. Thank you very much.

>> CANADA: Change you, in Chair. As this is the first time our delegation has taken the floor, we would like to take this opportunity to formally congratulate you, and we would also like to extend our congratulations to both the Vice Chairs and thank the members of the Secretariat for their hard work and support. Mr. Chair, Canada has listened with great interest to the contributions made on the topic of exceptions and limitations for libraries and archives.

Our delegation commends the previous work, the previous Chair’s work on designing an informal chart which has provided this committee with a valuable framework for discussing these issues. We are grateful to the delegations and accredited observers who have shared their views and national experiences on these issues. Canada feels that it’s important to acknowledge that the committee has made some progress in refining the Chair’s chart, and that this tool has been successful in providing the committee with an appropriate framework for discussions.

While we have heard divergent views on what should be the end goal of the committee’s work on this matter, our delegation believes that by continuing a structured exchange of national practices and national experiences, we continue to build our understanding of what can be achieved together. Our delegation would also like to express our appreciation for the studies carried out by this committee.

Taken together Professor Kenneth Crews study on limitations and exceptionsfor libraries and archives provides a full international picture of exceptions and limitations for libraries, archives and for museums.. Our delegation also notes that these international discussions have already and will continue to be useful in informing domestic copyright policy analysis. Among the modernizing reforemans of the Canadian copyright act in 2012, Canada enacted provisions that requires Parliament to review the Act every five years to insure that it remains importancive to the change — responsive to the changing environment. The first such review is expected in the fall. We believe that the exchanges here in these international sessions have been providing a valuable analysis of the main elements of effective modern national practices in this field. Canada continues to be keen to learn from the experiences of other member states and observers building on this excellent international exchange, our delegation reiterates it’s commitment to continuing structured discussions on the specific issues related to limitations and exceptions for libraries and archives. Thank you.

>> CHILE: Thank you, Chairman. This is a topic which is especially interesting for our delegation. We see that there are various documents to be considered under this agenda item including proposal from our preej nail group as well as the table prepared by the Chair. We believe allows us to find points of convergence on this topic. It also provides guidance. We hope that the discussions during this session will allow us to bring our positions closer and come to an agreement on specific ways in which we can progress the work of this committee. Thank you very much, sir.

>> NIGERIA: Thank you, Mr. Chairman. The Delegation of Nigeria aligns with the statement made on behalf of the African Group on the exceptions and limitations agenda. One of the objectives of copyright exceptions and limitations at an international level is the need to give us information on knowledge to a wide number of users for public use, public good. The importance of this is not be emphasized in the current global knowledge-based economies and root systems. We also underscore that exceptions and limitations is critical to the maintenance of an appropriate balance between the content and interest of rights holders and protected works. Indeed, this spirit is incap summated in the post 2015 global development goals, specifically sustainable development goal 4 which called on all stakeholders to work together to insure inclusive and equitable quality education and to promote long life learning opportunities for all.

Mr. Chairman, an analysis of professor Dennisson’s study on cite and exceptions and limitations reviewed exceptions and limitations to copyright in different jurisdictions across the 89 Member States due to perhaps to economic and historical analysis of the countries study. For Nigeria it enforced the need for international instrument that we provide general conditions for the application of exceptions and limitations so as to introduce some level of certainty on how exceptions and limitations could be equitably handled within the Member States of WIPO as a means of making progress on the additions we call on the community to review task-based work to review exceptions and limitations for libraries and archives.

We call for same on the exceptions and limitations for the institutions of persons with other disabilities which has immense similarities with the issues discussed under libraries and archives to promote necessary understanding and consensus to advance the work of the committee. We offer our strong support for the proposal to hold regional and or cross regional meetings on the exceptions and limitations agenda of the committee. Finally we look forward to the Article and document of this study on access by persons with disabilities to protect limited works and we work the questionnaire which will form part of the information based on this study. Thank you, Mr. Chairman.

>> BRAZIL: Thank you, Mr. Chairman. We would like to align to the statement made by Colombia on behalf of GRULAC. Brazil is pleased to take part in these discussions on exceptions and lienaltations for libraries and archives. We believe a balanced copyright system is a powerful instrument to encourage the creation and diffusion of knowledge. These goals, of course, are best achieved when these institutions are able to carry out their activities in full.

In this regard, we would like to underline the importance of cross-border aspects regarding exceptions and limitations which require efforts on the part of the committee to bring our national legislations a little closer together. This is necessary to insure the enjoyment of meaningful exceptions and limitations for libraries and archives. Discussions at the SCCR should take into account recent technological developments which have substantially affected the activities of libraries and archives and have the potential of extending their outreach in unprecedented ways. To reach this full potential, however, institutions need legal certainty in fulfilling their mission. As stated by representatives from library associations in past sessions of the SCCR, librarians are often liable to sanctions due to lack of clarity regarding cross-border access to copyrighted works.

This is an opportunity for achieving a higher degree of international harmonization insuring the smooth functioning of those exceptions and limitations for the benefit of society. Mr. Chairman, with these concerns in mind, the joint proposal tabled by the African Group, Ecuador, India, Uruguay and Brazil under document SCCR/29/4 brings valuable suggestions for discussion. The document covers a number of items in the, in your chart presented for this session, such as technological protection measures, right of reproduction and limitation on liability for libraries and archives.

We also find important contributions in documents SCCR/26/8, tabled by the United States and SCCR/33/4 presented by Argentina. We believe this important work we are having here will represent an important contribution on the part of WIPO to the fulfillment of the Sustainable Development Goals of the United Nations as stressed by the delegate of Nigeria.
We would like to thank other delegations for their contributions to this important debate and look forward to engaging with them and achieving meaningful results in this area. And finally, Mr. Chairman, we thank you for the chart which will greatly help in our discussions here. Thank you.

>> ISLAMIC REPUBLIC OF IRAN: Thank you, Mr. Chair, on agenda item 7 on exceptions and limitations for libraries and archives we would like to underline the centre role of such institution in the learning, creative, innovative and discovery process in the life of societies. Libraries and archives continue to fulfill their central and traditional function as facilitators of research particularly given the emerging challenges of the digital environment and pertinent copyright concern.

Exceptions and limitations for library and archives have an essential contribution in the attainment of the right to education and access to knowledge producing creative increasing education opportunities and promoting cultural work. Actualization of which in many countries is hampered due to lack of access to relevant application and research material. According to the SDG4, obtaining a quality education is the foundation to improving people’s lives and sustainable development.

Libraries and archives play an undeniable role in implementation of this goal. In this regard, the issue that how the copyright system affords a balance between the interest of rights holders and public interest is quite significant. The copyright system should equally take into account interest of rights holders as well as other competing interests in copyright including the society’s interest in scientific cultural and social progress. This balance of interest is reflected also in Article 7 of TRIPS as the need to maintain balance between the rights of authors and larger public interest particularly education, research and access to information. Mr. Chairman, the existing limitations and exceptions and visions in the current international copyright treaties did not sufficiently address emerging technology and cultural changes.

Therefore, we are of the conviction that pragmatic norm setting solutions are essential to move toward a balanced international copyright law. In 2012, the WIPO General Assembly provided a mandate to the SCCR to continue discussions toward an appropriate international legal instrument or instruments with the target to submit recommendation on limitations and exceptions for libraries and archives to the General Assembly. According to this mandate, my delegation strongly supports establishing a legally binding instrument for exceptions and limitations for libraries and archives. The objective of this instrument is addressing the capacity of libraries and archives to carry out their public service role in development of societies. It is highly expected from the SCCR to accelerate negotiations and make progress on the text-based work by engaging unsubstantively in the discussion in order to fulfill its

Mr. Chair, we take note of the revised version of the Chair’s chart. We are of the view that after the deliberations held in the course of the SCCR meetings, now it’s a time for the committee to come to an agreement for the next step according to the mandate of the General Assembly. Thank you very much, Mr. Chairman.

>> UNITED STATES: Thank you, Mr. Chair. I will be brief. First of all, this delegation would like to align itself with the statement made business Group B. We also express appreciation for the revised Chair’s informal chart which contains much useful information, we appreciate a number of positive references to the U.S. principles and objectives chart, and we will be looking for opportunities throughout these discussions to evolve that document further with a view of making a positive contribution for national policy makers.

>> BOTSWANA: Thank you, Mr. Chairmt. Since my delegation is taking the floor for the first time, let me congratulate you and your deputies for you are election of officers of the SCCR. In the past few days you have already approved your capability to steer the work of the comment to the conclusion that will move the mandate of the committee forward. I take the opportunity to appreciate the work of the Secretariat in all of the hard work in preparing for this meeting. Botswana aligns itself with a statement made by the distinguished Delegation of Senegal on behalf of the African Group. Mr. Chairman, indeed the limitations and exceptions will help us to strike a balance between the interest of rights holder and the public interest. My delegation finds that the table prepared by the formal Chair of the SCCR and the studies carried out will assist the committee as we engage in this topic. Bots R Botswana finds the question of whether or not we should come up with a legally binding instrument calls for us to engage fruitfully and in depth engagement bearing in mind the objective of the copyright system as a whole. My delegation commits itself to engaging with other delegations for an interest national perspective that will bring balance and Harmon in in the social, economic, and cultural development and growth. I Thank you, Mr. Chairman.

>> Malawi would like to align itself with a statement by Senegal on behalf of African Group. We believe libraries and archives play a crucial role in facilitating accession to information so the education institutions, however, we appreciate the important role that the rights holders play in making works available to the public and in this regard we are open to discussions that will provide a balanced copyright framework at the international level. Thank you, Mr. Chairman.

>> ECUADOR: Thank you, Mr. Chairman. My delegation would like to express support for the statement made on behalf of GRULAC by the delegate of Colombia and we would like to stress the importance for Ecuador of exceptions and limitations for libraries and archives which are extremely important for the development of culture and access to information and education. My delegation remains interested in following debate of the joint proposal pro proposed by Brazil, Uruguay, door and India. Thank you.

>> BENIN: Thank you, Chairman. Since my delegation is taking the floor for the first time during this meeting, I should like to congratulate you on your election as Chairman of the committee. And I should also like to congratulate the Vice Chairman. I do recognize your efforts to achieve consensus and which will allow us to reach the hopeful results. Benin has national legislation in the area of libraries, archives and copyright. We are, of course, extremely interested in the work of the committee in order to achieve the establishment of an international instrument which should nevertheless not in any way cause problems for the workings of libraries and archives, but promote the services they offer, particularly in the area of the dissemination of knowledge, research and fluid circulation of information.

Benin would support the position stated by Africa — by Senegal on brie half of African Group. And I hope that our work will lead to the adoption of a balanced international instrument. Thank you.

Manon Ress