Download - Carole Croella
Authors’ Rights in the Digital Age A Fair Deal for Journalists
Can exceptions to copyright benefit journalists?
WIPO, Thessaloniki, Greece 11-12th December 2010
Carole Croella,
WIPO Copyright Law Division
The Copyright Agenda
The SCCR agenda
• Exceptions and limitations• Protection of audiovisual performances• Protection of broadcasting organizations
The Development Agenda Dimension
Supporting Creative industries
Copyright flexibilities
Limits to the scope of copyright protection: ideas, theories, simple data
Limits to the duration of protection
Exclusion of some categories of works
Permitted uses without authorization and remuneration: fair use or fair dealing
Permitted uses by law with remuneration: mandatory or compulsory licensing system
Legislative options for Member States.
Flexibility for journalists
Berne Convention
Journalists have benefitted from existing legal framework
Explicit and implicit exceptions
General exception: Article 9(2), specific exceptions
Exceptions with relation to one or more exploitation rights
Multiple reasons: information (10bis), education (10(2)), public access (11bis(2)), protection of certain industries (namely, recording industry (13(1)), protection of cultural goods (11bis(3))
Internet Treaties
WCT
Article 1 to 21 Berne Convention. Article 1(4) and agreed statement
General exception: 3-step test. Article 10(1)
Existing exceptions can be kept or extended to the digital environment. New exceptions can be devised
WPPT
Exceptions to the rights granted under WPPT
Any other copyright exception. Article 16(1)
General exception: 3-step test. Article 16(2)
Analog different from digital?
Whether new exceptions are needed in the digital environment
Whether existing exceptions from the analog environment remain appropriate in the digital environment, or need to be restricted in some way in that environment
A fair deal for journalists
The 3-step test
Article 9(2) Berne Convention, Article 13 TRIPS Agreement, Articles 10(2) WCT and 16(2) WPPT
certain special casesdo not conflict with normal exploitationdo not prejudice the legitimate interests of rightholders
WTO Panel Decision, June 2000 (EU v. US)playing of radio or television broadcasts of musical works in certain bars, restaurants and other retail establishments
Existing exceptions: appropriate or need to be restricted?
News reporting, criticism
Libraries and teaching purposes: reproduction of material and communication to the public and making available under certain circumstances
Private copying: quality of copies and possibility of dissemination
Temporary electronic copies which occur as part of the technical process of making Internet transmission: ISP liability
Caching and browsing: temporary reproduction which occurs at the point of reception to enable the view of the accessed material
WIPO’s work
Studies and meetings
Studies: Ricketson, Garnett, Sullivan, Crews, Fometeu, Monroy, Nabhan, Seng and Xalabarder (9)
Information meetings
Technical legal assistance to developing countries
needs of countries / implementation of treaties
model law on copyright and related rights
SCCR most discussed issue
VIP Initiative
SCCR agenda: Limitations and exceptions to copyright and related rights
Decision SCCR/17: Blind, visually impaired or persons with print disabilities persons as priority
Stakeholders’ platform
The facts
More than 314 million blind or visually impaired persons around the world
90% of VIPs are resident in low-income developing countries
Shortage of books, newspapers, magazines, sheet music and information materials in accessible formats (< 5%)
The aim
Facilitating access to copyright works for visually impaired persons (VIP)
The stakeholders platfform
Balanced copyright protection
Content creators and publishers as rightholders
Visually impaired persons as content usersTIGAR - the trusted intermediary global accessible resources project
The issues
Enabling legal regime Trusted intermediariesTechnological tools, standards and interoperabilityDevelopment dimensionInformation materials and trainingConcerns of the digital environmentBest “practical practices”
International instrument
International enabling legal regime: limitations and exceptions for the blind visually impaired and other people with print disabilities
Brazil, Ecuador, Mexico and Paraguay United States of AmericaAfrican Group : holistic approachEuropean Union
Complementarity of the initiatives: platform put into place operational and practical arrangements within the context of an enabling legal regime
Development Agenda Projects (Copyright)
A- Intellectual Property and the Public Domain
B- Registration and Documentation Systems
C- Copyright and Competition: meeting on global licensing practices in November 2010
D- Copyright, Access to Knowledge and Digital Divide
Thank you
http://www.wipo.int/copyright/
http://www.visionip.org