On Thursday afternoon, 10 July 2025, Knowledge Ecology Interational (KEI) delivered the following statement on agenda item 12(i), Report from the Standing Committee on Copyright and Related Rights (SCCR).
Broadcasters could have had an agreement two decades ago if they were willing to limit the agreement to signal piracy, and not grant broadcasters post fixation rights in content for which they do not hold a copyright. Broadcasters are not artists, they are not performers. Today they are also services like Youtube, Facebook, Twitch, Spotify, Netflix and Amazon Prime.
There are 3 ways to bring the negotiations to an end.
1. Make it clear the agreement does not have an impact on post-fixation rights.
2. Limit its reach to sports and other live events, or
3. Take it off the agenda, for lack of consensus.
On limitations and exceptions, some consensus could be reached on archiving and preservation, for but for other areas, model laws seem more promising. But first, the SCCR should review the modalities used in the past for other model IP laws, including the role of member states in their negotiation.
WIPO could reach consensus on a treaty on the artist’s re-sale right, if limited to physical works of art.
The work on AI is the most important issue facing IP offices. Here it will be useful to review recent developments in the EU in the area for health, with the new regulation on European Health Data Spaces, and to hold information sessions on the role of meta data for copyrighted works in identifying rights holders and managing remuneration.