Amended proposals for WIPO


Subject: Amended proposals for WIPO
From: Barbara Schleihagen (eblida@nblc.nl )
Date: pe 13 joulu  1996 - 17:15:18 EET


Here is the paper that Emanuella Giavarra sent to the EBLIDA secretariat
from Geneva. As everything is constantly changing during the negociation
process, one cannot predict at the moment what the outcome of the conference
will be. This paper reflects the amended proposals to library related
articles which are used to support the lobby activity of IFLA and EBLIDA.
Amended text is marked **, to be deleted text is marked ().

EBLIDA Position at
WIPO Diplomatic Conference 2-20 December 1996

Preamble
Recognizing the need to maintain a balance between the interests of the
authors and the larger public interest, particularly education, research and
access to information.
(amendment issued by Jukka Liedes, Chairman, and included in partly
consolidated text of 12/12)

Article 7: Reproduction right
1. Add to paragraph 1:
Temporary reproduction made for the sole purpose of making a work
perceptible, or which are of a purely transient or incidental character as
part of a technical process, does not as such constitute a reproduction
within the meaning of Article 9(1) of the Berne Convention.

2. Delete paragraph 2.
(amendment for both paragraphs issued by the Norwegian delegation on 10/12)

Article 10: Right of Communication
1. Without prejudice to the rights provided for in Article 11(1)(ii),
11bis(1)(i), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention,
authors of literary and artistic works shall enjoy the exclusive right of
authorizing (any) *the* communication to the public of their works,
including the making available (to the public) of their works *for
communication to the public*, by wire or wireless means, in such a way that
members of the public may access these works from a *remote* place and at a
time individually chosen by them.
(changes suggested by IFLA and EBLIDA)

2. For the purposes of this Article, the phrase 'communication to the
public', in respect of any communication, means the initial act of making
the work available to the public and does not include the merely providing
facilities or the means for enabling or making such communication.
(amendment for 10.2 issued by the combined forces of the African delegations
on 12/12)

Article 12: Limitations and Exceptions
1. Contracted parties may, in their national legislation, provide for
limitations of or exceptions to the rights granted to authors of literary
and artistic works *to an extent consistent with exceptions and limitations
provided for in the Berne Convention and* in certain special cases that do
not conflict with a normal exploitation of the work and do not unreasonably
prejudice the legitimate interests of the author.
(changes proposed by IFLA and EBLIDA)

2. Delete
(great deal of support for and included in partly consolidated text by Jukka
Liedes of 12/12)

Barbara Schleihagen
Director EBLIDA



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