On Tuesday, 29 June 2021, Knowledge Ecology International (KEI) delivered the following statement on copyright limitations and exceptions.
SCCR 41 – KEI statement on limitations and exceptions
Limitations and exceptions are important for individuals and society, particularly with regards to education, research and public access, which are key to development and economic growth as well as social issues, including the exchange of information and views.
The current pandemic has disrupted education and in some cases, closed schools and libraries. The global norms for patent laws include provisions for extra flexibility with regards to inventions in cases of emergencies; the international copyright architecture does not contain these analogous flexibilities. WIPO should consider soft or hard norms to make it clear that controlled digital lending by libraries and schools during a pandemic are appropriate.
The Committee should address two areas for global norms for limitations and exceptions in the current work program. First, there is an opportunity for an instrument on preservation and archiving. Preservation is an urgent global public good and many national laws are inadequate.
Second, with regard to other disabilities, we propose that the SCCR use the language in Article 15, paragraph B of SCCR 18/5 as a basis for joint resolution to extend the benefits of the Marrakesh Treaty to persons with other disabilities who – due to their disabilities need an accessible format of a type that could be made which would allow them access to the same degree as a person without a disability. This would be consistent with the UN Convention on the rights of persons with disabilities.
Finally, we support Brazil’s proposal for WIPO to convene future regional seminars to address the issue of limitations and exceptions regarding people with other disabilities.