CC at SCCR 42 — A Look Back at the WIPO Copyright Meeting

Brigitte Vézina

From 9 to 13 May 2022, Creative Commons (CC) participated in the42nd sessionof the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR) in Geneva, Switzerland. In this blog post, we look back on the highlights of the SCCR/42 week.

Wikimedia chapters denied accreditation

On May 9, Wikimedia chapters ofFrance,Germany,Italy,Mexico,Sweden, andSwitzerlandwere denied accreditation as official observers to the WIPO SCCR. Previously,China had rejected the Wikimedia Foundation’s application for observer status. CC condemns this decision, as detailed inour blog post.

CC’s general policy agenda at WIPO

As part of its policy agenda, CC aims to drive copyright reform towards better sharing of copyright content in the public interest and in tune with the sharing possibilities unlocked in the digital environment. We promoteopen culture, a positive, global policy framework that fosters the public-interest mission of cultural institutions. Last month, wepublished a policy paperthat details our views on copyright reform, and held aworkshoplast week to start the process to consolidate those views into a practical guide for policymakers. Stay tuned for next steps!

Exceptions and limitations

开放的文化建立在强大、清晰、有效的限制和例外的基础上;they are thepillars on which cultural heritage institutions can rest to fulfill their mission. Global challenges such asclimate changeand the COVID-19 pandemic are causing unprecedented hardship to cultural institutions and the communities they serve. These challenges magnify the vital importance of limitations and exceptions to facilitate cultural heritage institutions’ digital presence. CC delivered astatementcalling on WIPO member states to endorse the Proposal by the African Group (SCCR/42/4), which we support, as it is geared towards concrete and meaningful solutions to ensure there are effective and consistent exceptions and limitations to support institutions and their millions of users worldwide.

Broadcasting

Regarding the discussions on a draft broadcasting treaty, CC remains firmly opposed to any new right for broadcasters. As we stated in the past, additional rights would add a layer of protection atop the underlying copyright in the works being broadcast. This new set of rights would permitbroadcasters to restrict access to works already licensed under a Creative Commons license or in the public domain, and would unnecessarily complicate the rights-negotiation process that Creative Commons has attempted to simplify. For Creative Commons, the exceptions and limitations proposed in the draft treaty are insufficient to address uses for purposes of education, research and preservation of cultural heritage. Furthermore, regarding the use of digital rights management (DRM) and technological protection measures (TPMs) to enforce such rights, CC finds theseantithetical to the “open” ethosand at odds with the values of better sharing that we support.

Looking ahead

虽然我们对非洲集团的建议没有得到全部支持感到失望,但我们欢迎委员会承诺在SCCR/43下届会议上继续讨论一项修订后的建议。我们也欢迎会议的结论:(1)邀请专家就在线和跨境环境中的具体跨境问题发表演讲,包括教育和研究;(2)秘书处与受益社区的专家、利益攸关方和权利持有人协商,开发技术援助工具包,以支持教育、研究和文化遗产保护。

We look forward to Member States taking active steps to build on this momentum and accelerate the work for a fairer and more balanced copyright system that supports better sharing in the public interest.

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