Discussion on Limitations and Exceptions; Broadcast Treaty Still Being Discussed: WIPO SCCR 16 Day 2
Discussion on Limitations and Exceptions; Broadcast Treaty Still Being Discussed: WIPO SCCR 16 Day 2
Discussion on Limitations and Exceptions; Broadcast Treaty Still Being Discussed: WIPO SCCR 16 Day 2

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    The bulk of the time today was taken up discussing proposed work on limitations and exceptions. IP Watch has one good account of events; KEI has another.

    Basically, Chile, alongside Brazil, Nicaragua, and Uruguay, proposed a work plan for work on limitations and exceptions to copyright and related rights. That proposal is available here.

    It proposes that WIPO facilitate an exchange of information on different cuntries' limitations and exceptions, with the idea of finding common ground for an eventual treaty that will incorporate basic, minimum limitations and exceptions for users to use copyrighted works.

    On the whole, reception to the idea of studies and work on exceptions and limitations was good, though there were a number of very strong reservations about a treaty obligating minimum user rights. The fear from several delegations was that such a treaty would interfere with existing law or require inflexible limitations in some countries.

    Among those expressing strong reservations was the United States, which questioned the need for such a treaty. Consensus seemed to form, however, around an exchange of information and further study of exceptions and limitations.

    Non-governmental organizations then expressed their opinions on the proposal. PK's is here.

    The last hour of the day was spent in discussion of the broadcast treaty, with a number of member states expressing support for the idea that work on the treaty should continue and that the Committee should attempt to reach consensus that would allow the convening of a diplomatic conference to produce the treaty.

    India was the only country to express strong reservations for continuing work on the treaty today, noting the Committee's inability to come to consensus after ten years' work.