infoJustice

M E M O R A N D U M
September 10, 2019

To: Delegates to the World Intellectual Property Organization Standing Committee on Copyright and Related Rights

From: Creative Commons; Education International (EI); Electronic Information for Libraries (EIFL); International Council on Archives (ICA); International Federation of Library Associations and Institutions (IFLA); Global Expert Network on Copyright User Rights; Knowledge Ecology International (KEI)

RE: Broadcasting Limitations and Exceptions

INTRODUCTION

The core goals of WIPO copyright and related rights treaties include the objective to achieve a balance of exclusive rights and exceptions to “serve the larger public interest, particularly education, research and access to information.”^[1] The draft Broadcast Treaty negotiations in the SCCR provide an opportunity to promote these ends. But the current chair’s text is inadequate. 

The exceptions provisions in the Broadcast Treaty are particularly important, and different from the issues covered in the WIPO Performances and Phonograms Treaty and Beijing Treaty, because they could add a layer of rights clearance upon copyrighted content.

This memorandum explains how the current consolidated text would fail to ensure all uses allowed by copyright. It would also add new international law restrictions on the adoption of limitations and exceptions for parties to the Rome Convention. We offer an alternative that would take into account extensive work and progress in SCCR on limitations and exceptions to promote the needs of libraries, archives and museums, education and research, and persons with disabilities.

CLICK HERE FOR THE FULL MEMORANDUM

^[1] See e.g. WIPO Copyright Treaty pmbl., Dec. 20, 1996 (stating goal of “balance” to serve “the larger public interest, particularly education, research and access to information”); Beijing Treaty on Audiovisual Performances pmbl., Jun. 24, 2012 (stating goal to “maintain a balance between the rights of performers in their audiovisual performances and the larger public interest, particularly education, research and access to information”). See also Development Agenda Recommendations 17, 19 and 22 (calling for WIPO norm setting to “take into account the flexibilities in international intellectual property agreements”; “further facilitate access to knowledge”, and “address … potential flexibilities, exceptions and limitations for Member States”).