SCCR 31 Chair's Conclusion

Chair's Conclusions

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MICHELE WOODS: Standing Committee on Copyright and Related Rights, 31st session, Geneva, December 7 to 11, 2015. Summary by the Chair.

Agenda item 1. Opening of the session. The 31st session of the Standing Committee on Copyright and Related Rights SCCR or Committee was opened by Mr. Francis Gurry, Director General who welcomed the participants and opened agenda item 2.
Ms. Michele Woods, WIPO, acted as secretary.

Agenda item 2, adoption of the agenda of the 31st session. The Committee adopted the draft agenda. Document SCCR 31/1 prove.

Agenda item 3, accreditation of new Non-Governmental Organizations. The Committee approved the accreditation of an SCCR observer of the nongovernmental organization referred to in the annex to document SCCR 31/2, namely the African public broadcasting foundation. APFB.

Agenda item 4. Adoption of the draft report of the 30th session. The Committee approved the draft report of its 30th session, document SCCR 30/6 as proposed, delegations and observers were invited to send any comments on their statements to the Secretariat at copyright.mail at WIPO.int by January 15, 2016.

Agenda item 5, protection of broadcasting organizations. The documents related to this agenda item were SCCR/27/2/Rev, SCCR 27/6, SCCR 30/5 and SCCR 31/3.
The Committee welcomed and considered documents SCCR 31/3 prepared by the Chair entitled, consolidated text on definitions, object of protection and rights to be granted. Some delegations requested further clarification on the document, and others suggested textual proposals for the text.
The discussions contributed to progress with a view to reaching a common understanding on the protection of broadcasting organizations. The Committee decided to continue discussions on this document and on a revised document that will be prepared by the Chair for the next session of the Committee, taking into account the proposals and clarifications discussed.

Members of the Committee may submit to the Secretariat by January 20, 2016, those specific textual proposals that were made during this session for document SCCR 31/3, for consideration by the Chair.

This item will be maintained on the agenda of the 32nd session of the SCCR.
Agenda item 6. Limitations and exceptions for libraries and archives. The documents related to this agenda item were SCCR 26/3, SCCR 26/8, SCCR 29/3, SCCR 30/2, and SCCR 30/3.

The Committee heard the presentation by professor Lucy gibo and Ms. Elizabeth loge on the study on copyright limitations and exceptions for museums contained in document SCCR 32. The Committee welcomed the presentation, and delegations and observers participated in a question and answer session with the experts.
Amendments and clarifications should be sent to the Secretariat at copyright.mail at WIPO.int by January 20, 2016.
Discussions were based on the chart introduced by the Chair on exceptions and limitations for libraries and archives. This chart which was designed to serve as a useful tool to provide structure to discussion the substance of each topic, drawing on the many resources before the Committee. Chair, I think the "which" has to be deleted there. It's this chart was designed to serve as a useful tool.
This will allow the Committee to have an evidence-based discussion respecting differing views and understanding that the goal is not to guide the discussion toward any particular or undesired outcome, but instead to lead to a better understanding of the topics and of their actual relevance to the discussions and the intended outcome.

The Chair highlighted some of the elements that were drawn from the views expressed and comments and submissions of members of the Committee on the topic of preservation during the previous SCCR session. Members of the Committee also exchanged views regarding the topics listed on the Chair's chart namely reproduction and safeguard copies, legal deposit, and library lending. In addition, concerns that could arise when k, limitations -- considering limitations and exceptions related to these topics and possible measures to address such concerns were expressed. Suggestions were also made for alternative approaches.
This item will be maintained on the agenda of the 32nd session of the SCCR.

Agenda item 7. Limitations and exceptions for educational and research institutions and for persons with other disabilities.
The documents related to this agenda item were SCCR 26/4 prove and SCCR 27/8. The Secretariat informed the Committee about the progress made in response to the requests made at SCCR 30 to update the various studies on limitations and exceptions for educational teaching and research institutions published for the 19th session of the SCCR in 2009, and aimed to cover all WIPO Member States as well as to prepare a scoping study on limitations and exceptions for persons other than persons with print disabilities.

The update study has been commissioned and is expected to be presented at SCCR 32. The scoping study will be commissioned in early 2016 and is expected to be presented at SCCR 33. The Committee held discussions on the topic of limitations and exceptions for educational, teaching and research institutions and their relationship with the fundamental role of education in society, with reference to the existing documents.
Some members requested a preparation by the Chair of a chart like the limitations and exceptions chart to be used as a tool to focus discussions on this topic.
Some other members asked for more time to consider this suggestion. Other delegations suggested having an open-ended discussion on document SCCR 26/4prov.
This item will be maintained on the agenda of the 32nd session of the SCCR.

Agenda item 8. Other matters. The documents related to this agenda item were SCCR 31/4 and SCCR 31/5.
The delegation of Brazil introduced document SCCR 31/4 entitled proposal for analysis of copyright related to the digital environment. Members of the Committee and observers offered initial comments and reactions to the proposal.
The delegation of Senegal introduced document SCCR 31/5 entitled, proposal from Senegal and Congo to include the resale right in the agenda of future work by the Standing Committee on Copyright and Related Rights of the world intellectual property organization. Members of the Committee and observers offered initial comments and reactions to the proposal. These topics will be maintained on the agenda of the 32nd session of the SCCR under the agenda item for other matters.

The Chair presented a proposal to hold an extraordinary session of the Committee on protection for broadcasting organizations and to hold regional meetings on the subject of limitations and exceptions for libraries and archives.
Some regional groups supported the proposal. Other regional groups considered it unnecessary or premature to hold sessions in addition to the ordinary sessions of the Committee. However, those groups could consider the proposal again at the next session of the Committee. The Chair announced that in the absence of consensus, the proposal would be discussed again at SCCR 32.
Summary of the Chair. The Committee took note of the contents of this summary by the Chair. The Chair clarified that this summary reflected the Chair's views on the results of the 31st session of the SCCR and that in consequence it was not subject to approval by the Committee.

Then agenda item 9 will be closing of the session. The next session of the Committee will take place from May 9 to 13, 2016. End of document.
>> CHAIR: Thank you very much.

[...]

BRAZIL: Thank you, Chair. This is accurate.
Chair, regarding paragraph 24, just a factual remark that the delegation of Brazil introduced the document on behalf of the group of Latin-American countries and the Caribbean. Just this factual remark we would like to point out. Thank you.

[...]

>> NIGERIA: Thank you, Mr. Chairman. Speaking on behalf of the Africa Group, I'd like to draw your attention to paragraph 27. This would be a factual correction, if you note that one regional group in supporting the proposal of the Chair expressed a preference for Regional Seminars and compatible exceptions and limitations agenda of the SCCR. This would be somewhere in the second sentence of that paragraph, paragraph 27, where you note one, some regional groups supported the proposal, other regional groups considered it unnecessary or premature to hold sessions in addition to ordinary sessions. The Africa Group would like you to indicate that one regional group expressed a preference for Regional Seminars to encompass both exceptions and limitations agenda of the SCCR. This will be factual as well. Thank you.

>> CHAIR: Thank you very much for reminding that such idea, and it happened in reality as you are remembering, and pointing out. So it will be a factual correction. You are right.