infoJustice

PIJIP coordinates the Global Expert Network on Copyright User Rights — a network of academics and experts that provides technical assistance in copyright reform processes.

I speak here to point out an important, and likely unintended, problem with the current text of the limitations and exceptions provision of the Broadcast Treaty.  

Since the alternative text from SCCR/35/12 was removed — the limitations and exceptions clause in the consolidated text is more restrictive than the Rome Convention.

The Rome Convention permits four specific areas of exceptions for related rights “Irrespective of” their protection in copyright law.

The new Broadcast Treaty permits exceptions only if they are of the same kind as exist in copyright law. The result would appear to be, for example, that a country could not adopt a ephemeral copy exception specifically for broadcasts, which the Rome Convention would allow.

The Rome convention is not perfect. It does contain any provision for libraries, archives, museums or persons with disabilities.

We encourage the Committee to consider whether it intends to make the limitations and exceptions provisions more restrictive than the Rome Convention, whether it should include mandatory exceptions, and how to meet these goals.