IPI Attending the Session of WIPO Standing Committee on Copyright and Related Rights

The SCCR deals with pressing issues in the field of copyright law with the aim of harmonizing and preparing the activities of WIPO in the development of the international system of protection of copyright and related rights.

The main topics of the 43rd session of the SCCR are:

– the protection of broadcasting organizations, including the Broadcasting treaty proposal, which we discussed last year at SCCR42 (Communia statement: https://communia-association.org/2022/05/10/sccr-42-communia-statement-on- the-protection-of-broadcasting-organisations/),
– restrictions and exceptions for libraries and archives,
– restrictions and exceptions for educational and research institutions and access for persons with disabilities,
– a proposal for the analysis of copyright in the digital environment,
– proposal for a study on the Public Lending Right
and some others.

Yesterday and this morning, the topic of protection of broadcasting organizations was discussed, including the Broadcasting treaty proposal. The A2K coalition, which IPI is also a member of, opposes the proposed Broadcasting treaty, which does not provide satisfactory solutions to issues of public interest and access to community knowledge.

The current version of the draft treaty allows countries to protect broadcasting organizations with exclusive rights without a satisfactory balance or consideration of societal needs related to access to knowledge and information. Broadcasting plays an important role in society due to the broadcasting of cultural, informative and educational content. It is urgently necessary to adopt a regulation that takes into account the legitimate public interest in this area and does not hinder the work of educational, research and institutions for the protection of cultural heritage (Communia statement: https://communia-association.org/2023/03/13/sccr-43 -communia-statement-on-the-protection-of-broadcasting-organisations/).

The A2K coalition emphasizes that any international treaty must include mandatory exceptions that are permissible under the Rome Convention. This means extending all copyright exceptions to potential new and existing broadcasting rights. These are exceptions for storage, online use, use for libraries, archives, museums, educational and research institutions and enabling access for people with disabilities.

IPI made the following statement:

“My name is MBJ. I speak in the name of Intellectual Property Institute, observer at WIPO and member of A2K coalition.

We live in a time when humanity is facing enormous challenges: e.g. global health and climate challenges.

Cross-border cooperation of individuals in education and research among other things is the key to solving these challenges in the future.

Establishment of possible new intellectual property rights that protect private interests shall be drafted very carefully and taking into account various other rights, especially fundamental human rights.

For the common progress of society, it is crucial that international legislators establish balanced legislative frameworks.

Copyright regime should not represent new obstacles and unnecessary walls on the way to solving global challenges.

In more simpler and direct terms, this means:

– new rights may be introduced only in cases and only to the extent that are absolutely necessary to achieve sustainable development that takes into account not only economic efficiency, but also social justice, taking into account the various interests affected; and

– if it is a joint and agreed decision that such new rights are necessary to achieve sustainable development such new rights shall and must be balanced with harmonized and mandatory copyright exceptions and limitations to achieve common good and common progress.

The latest draft of Broadcasting treaty needs additional consideration and modification on both fronts.”

Statements were also made by many other participants and are available here.