IPA Blog

SCCR 39 concluded this evening with an agreement found on how to keep the Exceptions and Limitations discussion moving forward and the other agenda items wrapped up and a possible new issue raised in the chamber.

The second day of discussions on the broadcasting treaty were mainly conducted behind closed doors with the plenary chamber finally filling at 17:40 for a presentation of conclusions.

Today’s discussions saw the focus shift from Exceptions and Limitations to the Broadcasting Treaty (and sadly not about all of the value generated by the copyright in an original work that migrates from being a book to a film, for example). The Exceptions and Limitations discussions are not over, by any stretch of the imagination, and they continue to rumble behind closed doors.

The first day closed with Dr Kenneth Crews waiting to be grilled by delegates and observers. He was given the opportunity this morning, but the highlights today were the side events and the ripples from some late-night messages to delegates.

While the publishing industry was gathered in Frankfurt last week for the most important international book fair in the world, the action was already starting at WIPO in Geneva with an International Conference on Exceptions and Limitations on Friday and Saturday 18-19 October.

Between end of July and early September I had the chance of participating in several important events throughout Latin America. A region full of contrasts, where a wealthy, vigorous parts of society still coexists with undeserving levels of poverty. An assignment still to solve. Every country with a different, rich culture and traditions and enchanting people.

On the topic of inclusion, we tend to focus on the areas of gender and sexual orientation. What does not receive as much attention is the area of accessibility. Simply put, having our products and services designed for people with disabilities speaks to the core of what publishers care about; the ability to reach and convey understanding to our target audiences. Accessibility is a key focus at the IPA, and the current IPA President, Hugo Setzer, is leading the call for publishers to support inclusive publishing practices. I caught up with Hugo to find out more; 

Friday at SCCR 38 was for “other matters” – copyright in the digital environment, resale right and theatre directors. 

Following Wednesday’s jam-packed day of presentations and side-events, you could feel a drop in energy in the chamber today as a number of reports were presented.

Wednesday morning, before the start of the WIPO plenary session, IPA had two important meetings. Firstly, we were invited to take part in a regular briefing that the US delegation offers particular stakeholders at every SCCR. Secondly, IPA then met with the Asia-Pacific Group which includes Members States from a huge swathe of territory from the Middle East to islands in the Pacific. In a friendly meeting, we asked if there were reviews of copyright on the horizon among their members. We discussed the upcoming WIPO regional conferences (the first of which, will be at the end of April, in Singapore) as well as various other events and projects within their borders. These types of meetings are very important to ascertain current positions and plumb possible future shifts.

The second day of the 38^th session of the WIPO SCCR, began with the regular meeting the IPA organizes on Tuesday morning for the representatives of the Creative Sector Organisations Group that we coordinate. On the 13^th floor of the WIPO building with sweeping views up Lake Geneva towards Lausanne, we convened a meeting that included representatives of the music, film and collective management sectors as well as publishing. The purpose of the meeting is to brief those who had missed the first day’s action and to plan what we will do for the rest of the week.

Yesterday was the first day of the 38th session of the WIPO SCCR. If you need to re-familiarise yourself with what has happened previously and some of the WIPO lingo here are links to previous diaries, our jargon buster and the official SCCR page.

Today, we begin the week-long, 38^thsession of the Standing Committee on Copyright and Related Rights (SCCR) at the World Intellectual Property Organization (WIPO). For those of you new to these conferences, we direct you to our summary of where we ended up last time (in November 2018).  

Following yesterday’s exceptions and limitations marathon, today was a much shorter affair as the SCCR raced through the agenda. The morning session kicked off with NGOs asked to comment on the progress (or, in the eyes of many civil society organisations, the absence thereof) around exceptions for archives.

Today was the first day of the 32nd edition of the International Publishers Congress, and this year it is hosted in New Delhi, India.

After yesterday's intense high-level discussions about the future of publishing, copyright and freedom to publish, the second day began with a series of panels about the nitty gritty of publishing and finished with an emotional roller coaster and two standing ovations.

A full 26 years after the previous IPA Congress in New Delhi, we're back with a great programme. This will be the first of our daily blogs over the next 3 days.

The day started with a traditional candle lighting ceremony, before the Minister for Science and Technology, Dr Harsh Vardhan, arrived to launch the day's proceedings. IPA President Michiel Kolman gave a keynote address where he called on the publishing industry to stop being defensive and to shout about the industry's many successes, sentiments that were echoed by FIP President, NK Mehra.

Apart from conducting meetings all week with delegates of Members States, the IPA team has also been busy meeting with the Genevan Ambassadors of key countries. Sometimes we do so to thank them for their support and at other times we do so to quiz them about their positions when they undermine their own local publishers and creators. It’s always good to let our allies know that we appreciate them, and it’s equally important to let the other side know that we are listening to what they say and that, if we disagree, we are always ready and willing to explain our own positions.

On a grey and gloomy Genevan winter’s day, the IPA team plus our Creative Sector colleagues trooped into early morning meetings first with the Africa Group of WIPO Members States and then with GRULAC (the Latin American and Caribbean countries group). We explained our consistent position on the exceptions and limitations debate: namely that the current copyright framework already provides adequate flexibility and balance to allow for well-crafted national laws, and therefore no international instrument is required.

With our unusually large contingent at this SCCR, the IPA team was able to attend a number of simultaneous meetings today, even before the SCCR morning session began. Some of us were at the meeting convened by WIPO to come up with a set of non-binding principles relating to the functioning of Collective Management Organisations; while others attended a high-level briefing by the USA delegation; and still others were at a joint meeting of the so-called Group B (developed) countries and the Central European and Baltic States (CEBS) group. The IPA was joined by other Creative Sector Organisations for the latter. These meetings are essential opportunities for dialogue but this morning the Members States were mostly playing it safe and giving very little away.

When the SCCR proper finally got under way at 10:00am, we immediately started discussing exceptions and limitations for libraries, archives and education, including in particular draft Action Plans that had been prepared by the WIPO Secretariat. A good summary of all the plans is provided by the website IP Watch here. The IPA intervened on the draft Action Plan through our representative at the SCCR, Ted Shapiro, who is a Partner and Head of the Brussels Office of the law firm Wiggin. Ted said:

‘We would like to reiterate our view that the current international legal framework provides ample flexibility for Member States to enact exceptions and limitations consistent with their own legal traditions. It goes without saying that exceptions and limitations, which are legal defences to what are otherwise infringements of copyright, have a profound impact on all rightholders as well as other stakeholders. The Berne Convention/TRIPS/WCT three-step test provides the means for measuring this impact – which is why it is applied internationally and nationally both by legislatures and courts.

We believe that the draft action plan, while some details may need further clarification, provides a useful basis for a number of activities that could support exchange of info and capacity building that can inform countries — including, in particular, developing nations — in their efforts to ensure balanced national copyright laws consistent with the international framework. The IPA stands ready to participate in conferences and provide both legal and commercial experts to assist.

Peace love and copyright.’