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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

Carole Croella

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Can exceptions to copyright benefit journalists?

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Page 1: 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

Page 2: Carole Croella

The Copyright Agenda

The SCCR agenda

• Exceptions and limitations• Protection of audiovisual performances• Protection of broadcasting organizations

The Development Agenda Dimension

Supporting Creative industries

Page 3: Carole Croella

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

Page 4: Carole Croella

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))

Page 5: Carole Croella

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)

Page 6: Carole Croella

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

Page 7: Carole Croella

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

Page 8: Carole Croella

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

Page 9: Carole Croella

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

Page 10: Carole Croella

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

Page 11: Carole Croella

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%)

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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

Page 14: Carole Croella

The issues

Enabling legal regime Trusted intermediariesTechnological tools, standards and interoperabilityDevelopment dimensionInformation materials and trainingConcerns of the digital environmentBest “practical practices”

Page 15: Carole Croella

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

Page 16: Carole Croella

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