On behalf of Public Knowledge, I would like to thank the Chair, and offer our congratulations on your election, as well as the election of the vice-chairs. Public Knowledge is a non-profit organization dedicated to ensuring a vibrant information commons. We look forward to the continuing work of this Committee upon the important work of exceptions and limitations, and thank the Brazilian, Chilean, Nicaraguan and Uruguayan delegations for their excellent proposal.
As technology advances, methods of reproduction and distribution become more available to the general public. Advancing technology also makes it easier to restrict both institutional and individual uses of works.
With these developments, it is ever more important to clarify the extent of the exclusive rights of authors. Establishing these metes and bounds will help ensure that users of works—the general public—may also be secure in our rights and freedoms to access, enjoy, and be inspired by these works.
By establishing the justified uses for copyrighted works, limitations and exceptions create a well-defined space for users to access works while knowing that they are acting within the law. Explicitly recognizing justified, unauthorized uses for works can also help to draw a line between these and unjustified, unauthorized infringement.
It is necessary to update and clarify minimum standards and principles for exceptions and limitations. This will better allow us to deal with the new challenges created by digital media, including technological protection measures and the rapid copying, storage, and transmission of data.
The environment created by these changes is a complex one, but the digital realm cannot be practically quarantined from the analog. If copyrights, related rights, or exceptions and limitations apply to works, they should apply to all works. The barrier between words printed on a page and those saved on a hard drive is permeable and grows only more so with time.
The fact that there are differences of interpretation at some margins of uses traditionally accounted for by exceptions and limitations should not be a barrier to clarifying, and indeed harmonizing, the best-established or best-justified lawful uses both in traditional media and in the digital age. Sharing information on national policies on limitations and exceptions and their fit within international law is an important first step to constructive work on these issues.
Beginning with the standpoint of rightsholders, the international dialogue has come to consensus on a number of minimum rights for rightsholders. Beyond those minimums, there is room for diversity and occasional disagreement in the level of rights asserted. Starting from the standpoint of users, member states should be able to come to consensus on a number of minimum exceptions and limitations, while leaving room for flexibility and diversity as well.
