Category Limitations and Exceptions

WIPO SCCR 42: Statement by CIS on the Limitations and Exceptions Agenda Item

[Anubha Sinha] Thank you, Mr. Chair. I’m speaking on behalf of the Centre for Internet and Society, India. The Proposal by the African Group for a Draft work program on Exceptions and Limitations has the potential to address issues faced in the domains of access to information, culture and education, keeping in mind that there have been systemic shifts in the knowledge ecosystem since pandemic, which will endure in the long term as well.

COMMUNIA Statement to the 42nd WIPO SCCR on Limitations and Exceptions for Education and Research

[Teresa Nobre] ...There is absolutely no doubt that the restrictions copyright laws pose on access to knowledge and information condition the right to education and the right to research, and that educational and research exceptions would benefit society as a whole. That is what will determine whether teachers can show a short news report during live-streamed online classes, whether researchers can conduct medical research or track disinformation online.

Intellectual Property Institute Statement on the 42nd WIPO SCCR

[Intellectual Property Institute] The first half of the event focused on the Broadcasting Treaty proposal, which SCCR first discussed more than 15 years ago. The proposal would grant new exclusive rights to broadcasting organisations, but falls short on granting the necessary exceptions and limitations in public interest. NGOs such as Communia and EIFL have harshly criticised the proposal in that regard. In the second half of the event, exceptions and limitations to copyright for educational and research institutions were the focus of the discussion. The African group of delegates prepared and presented a draft programme proposal on the issue. They drew attention to the difficulties, encountered in African educational institutions, due to copyright protection of educational materials. In addition, many African libraries mostly operate in physical form and have poor access to digital materials.

PIJIP Statement at the 42nd Session of the WIPO Standing Committee on Copyright and Related Rights

The Program on Information Justice and Intellectual Property provides the following comments and information related to the agenda items being considered at the 42nd session of the WIPO Standing Committee on Copyright and Related Rights. The comment includes sections on 1. our new study on research exceptions in comparative copyright, 2. limitations and exceptions in the broadcast treaty, and 3. the African Proposal for a Work Plan on limitations and exceptions.

From Berne Convention History: Germany’s Stand on Copyright Limitations & Exceptions for Scientific and Educational Purposes

[Lokesh Vyas] During the initial meetings of the Berne Convention, Germany was very vocal about the rights of users and even proposed a separate right to use copyrighted works for education and scientific purposes without author’s consent. This proposal came through a questionnaire proposed by Germany on September 9th, 1884 meeting of the Convention wherein it used the term reciprocal right for using the copyrighted works for education and scientific purposes. This was later included in the draft as Article 8 named “Lawful reproduction of protected works in scientific or educational works”.

Research Exceptions in Comparative Copyright

[Sean Flynn, Luca Schirru, Michael Palmedo, and Andrés Izquierdo] Abstract: This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM.

Patent Law and 3D Printing Applications in Response to COVID-19: Exceptions to Inventor Rights

[Muhammad Zaheer Abbas] Abstract: ... This paper examines the issue of patent rights being at odds with access to critical 3D printable health technologies during COVID-19 crisis. It undertakes an in-depth analysis of the right to repair and calls for a clearer recognition of the right to repair exemption at the global level. It also evaluates the private and non-commercial use exception and proposes the use of a reasonably broad form of this exception to make it practically significant. It also considers the experimental use exception and calls upon WTO Member States to provide legislative clarity that a defence of an experimental use extends to repairs.

Bulgaria Falls Into All the Traps Set by Article 5 of the CDSM Directive

[Ana Lazarova] Abstract: With Article 5 of the CDSM Directive, the EU legislator aspired to remedy the inherited legal fragmentation in the area of copyright exceptions and limitations, by introducing a mandatory exception for the purpose of ‘illustration for teaching’ in the digital environment. Bulgaria already had an educational exception as per the InfoSoc Directive, which was rather broad, technology neutral and unrestricted in terms of its beneficiaries. Now, the ‘digital’ exception under Article 5 is being transposed in parallel with the pre-existing one, both provisions largely overlapping in scope and with no clear collision norms available. This is yet another national implementation showing that the new exception, initially envisaged as a mandatory minimum of user rights protection, would likely exacerbate, instead of remedy the fragmented legal landscape in the EU. It would appear that the regime under Article 5 may come to do a disservice to free use for educational purposes.

Enabling the Future of Youth Research Through Copyright

[Sean Flynn] This year’s World Intellectual Property Day is being dedicated to the theme of youth empowerment. The focus is on recognition of the role of youth “stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards a better future.” Intellectual property exclusive rights may play some role in rewarding the innovative activities of youth. But more often, intellectual property exclusive rights may work in the other direction – posing a barrier to access and use protected materials that youth need to learn, innovate, and develop. This one reason why our attention to intellectual property on this day must include the limitations of and exceptions to intellectual property as well.

Intellectual Property and Youth: Copyright Laws Must Advance the Right to Education

[Joint statement endorsed by 18 civil society groups] On the occasion of a World Intellectual Property Day focused on Intellectual Property and Youth, we call on governments to ensure that national and international copyright laws ensure the right to education for all. We applaud the choice of theme, which draws attention to the largest generation in history, who will be the driving force for sustainable and inclusive development. Yet, young people today are faced with considerable barriers to engage politically, economically and socially. Unfortunately, the COVID-19 pandemic has exacerbated preexisting challenges and created new obstacles that prevent youth and students from thriving. This has been particularly evident with regard to education.