Carole Croella
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Carole Croella



Can exceptions to copyright benefit journalists?

Can exceptions to copyright benefit journalists?



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    Carole Croella Carole Croella Presentation Transcript

    • 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 (10 bis ), education (10(2)), public access (11 bis (2)), protection of certain industries (namely, recording industry (13(1)), protection of cultural goods (11 bis (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 cases
        • do not conflict with normal exploitation
        • do 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 users
        • TIGAR - the trusted intermediary global accessible resources project
    • The issues
      • Enabling legal regime
      • Trusted intermediaries
      • Technological tools, standards and interoperability
      • Development dimension
      • Information materials and training
      • Concerns of the digital environment
      • Best “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 America
        • African Group : holistic approach
        • European 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:// /copyright/ http://