Second WIPO report by Frode Bakken


Subject: Second WIPO report by Frode Bakken
From: Barbara Schleihagen (eblida@nblc.nl )
Date: ke 18 joulu  1996 - 15:58:27 EET


Dear subscribers,

below please find the second report by Frode Bakken on the WIPO conference
which he sent to the EBLIDA secretariat.

SECOND REPORT FROM THE WIPO CONFERENCE IN GENEVA

The Diplomatic conference in Geneva from 2nd to 20th of december 1996
is part of WIPO activities to form new global copyright approaches for the
digital era. Texts are proposed in three different treaty proposals
for the conference. They were presented for the world public on
september 1st 1996. In many countries there have been public hearings
organised by the governments in order to let different interests in society
raise their voices on the proposals. In other countries these more
democratic processes have not taken place. In many countries the library
organisations have put up concrete comments and proposals to their governments.
EBLIDA has presented concrete statements which has been presented to the
WIPO secretariat and to all delegations in Geneva.
EBLIDA has on the European level taken part in two meetings with the
responsible people in the European commission, DG XV with Mr. Jorg
Reinbothe, head of unit, Internal market and financial services in order to
present the EBLIDA position.
EBLIDA also organised in cooperation with the Norwegian library
association in Oslo 4th and 5th of November 1996 a workshop with
60 persons from all over Europe and also USA. The aim of the workshop
was to raise awareness of the WIPO proposals and WIPO process and
also discuss strategy before the Geneva conference.

WIPO - World intellectual property organization is a United nations
global organisation administering the Berne convention and with its
headquarters in Geneva.

In my first report I referred to the library relevant people who are
lobbying for library interests during the conference. Some of them are
present during the whole conference, some for shorter periods.
It can be of interest to see which other lobby groups are represented at the
conference. Lobbying is of utmost importance and it seems that all
national delegations and also the conference secretariat are open to all
kinds of interventions and proposals from the lobbyists.

The following NGOs are represented:

Agence pour la protection des programmes (APP)
American bar association (ABA)
American intellectual property law association (AIPLA)
Asociacion Argentina de Interpretes (AADI)
American film marketing association (AFMA)
Association of European performer`s organisations (AEPO)
Association of commercial television in Europe (ACT)
International association of art (IAA)
International association of audio-visual writers and directors (AIDAA)
International association for the protection of industrial property (AIPPI)
International literary and artistic association (ALAI)
Business software allliance (BSA)
International chamber of commerce (ICC)
Comite "Actores, Interpretes" (CSAI)
Commercial internet exchange (CIX)
Computer & communications industry association (CCIA)
International confederation of music publishers (ICMP)
International confederation of societies of authors and composers (CISAC)
European writers`congress (EWC)
European council of American chambers of commerce (ECACC)
Conseil francophone de la chanson (CFC)
International council of graphic design associations (ICOGRADA)
International council of industrial design (ICSID)
International council of scientific unions (ICSU)
Copyright research and information center (Tokyo) (CRIC)
Educator`s ad hoc committee on copyright law (ECCL)
Electronic industries association (EIA)
European bureau of library, information and documentation associations (EBLIDA)
European cable communications association (ECCA
European committee for interoperable systems (ECIS)
Federation of European audiovisual directors (FERA)
Ibero-Latin-American federation of performers (FILAIE)
International federation for information and documentation (FID)
International federation of the phonographic industry (IFPI)
International video federation (IVF)
International federation of actors (FIA)
International federation of library associations and institutions (IFLA)
International federation of film producers association (FIAPF)
International federation of newspaper publishers (FIEJ)
International federation of musicians (FIM)
International federation of reproduction rights organisations (IFRRO)
International federation of translators (FIT)
World federation of music schools (WFMS)
Groupement europeen representant les organismes de gestion collective des
droits des artistes interpretes ou executants (ARTIS GEIE)
Information industry association (IIA)
Information technology association of America (ITAA)
Max-Planck-institute for foreign and international patent, copyright and
   competition law (MPI)
Institute of intellectual property (IIP)
Intellectual property institute (CLIP)
Intellectual property owners (IPO)
Interactice services association (ISA)
International affiliation of writers guilds (IAWG)
International| alliance of orchestra associations (IAOA)
International communiccations round table (ICRT)
Media and entertainment international (MEI)
Japan electronic industry development association (JEIDA)
National associations of broadcasters (NMPA)
North American national broadcasters association (NANBA)
Sociedad de autores y compositores de musica (SACM)
Software information center (SOFTIC)
Software publishers association (SPA)
Asia-Pacific broadcasting union (ABU)
Caribbean broadcasting union (CBU)
Union of national radio and television organisations of Africa (URTNA)
European broadcasting union (EBU)
International publishers association (IPA)
Video software dealers association (VSDA)

This list gives a very good impression of all the different interests which
are represented as lobbyists. A few of these groups will be counted as
strategic allies of libraries. Many of the lobbyists can be counted as
tactical allies of libraries in this phase of the WIPO process. It is
especially lobbyists from the telecommunication industry, the traditional
computer industry and also representatives from the emerging internet
industry.

One correction concerning report no. 1.
FID is according to the participants list represented by two persons:
Thomas Vinje who is already mentioned in report no 1 and also
Emanuella Reale from Istituto di studi ricerca e documentazione scientifica,
CNR, Rome.

ORIGINAL WIPO PROPOSALS
One of the three treaties is especially relevant for the libraries and has
during
the conference been called the copyright treaty or treaty no. 1. Its
official title is:

        "Basic proposal for the substantive provisions of the treaty on
certain questions concerning the protection of literary and artistic
works to be considered by the diplomatic conference (CRNR/DC/4)"

There are some articles which have been of special concern for library
organisations. That is the preamble and articles 7, 10 and 12. Also other
articles have got comments from the libraries.
Here we present the original texts from WIPO/Jukka Liedes first:

        "Preamble
        The contracting parties,
        desiring to develop and maintain the protection of the rights of
        authors in their literary and artistic works in a manner as
        effective and uniform as possible,
        recognizing the need to introduce new international rules and
clarify the interpretation of certain existing rules in order to
provide adequate solutions to the questions raised by new
economic, social, cultural and technological developments,
        recognizing the profound impact of the development and convergence
of information and communication technologies and use of literary
and artistic works
        
        have agreed as follows:

        (after this preamble follows all the different articles. In this
report we concentrate on a few of them)
        
        The proposal to an article 7 is as follows:
        "Scope of the right of reproduction.
        (1) The exclusive right accorded to authors of literary and artistic
works in article 9(1) of the Berne convention of authorizing the
reproduction of their works shall include direct and indirect
reproduction of their works, whether permanent or temporary, in any
manner or form.
        (2) Subject to the provisions of article 9(2) of the Berne
convention, it shall be a matter for legislation in contracting
parties to limit the right of reproduction in cases where a
temporary reproduction has the sole purpose of making the work
perceptible or where the reproduction
        is of a transient or incidental nature, provided that such
reproduction takes place in the course of use of the work that is
authorized by the author or permitted by law."

The proposal to an article 10 is as follows:
        "Right of communication
        Without prejudice to the rights provided for in the articles
11(1)(ii), 11bis(1)(i), 11ter(1)(ii), 14(1)(i) and 14bis(1) of the
Berne convention, authors of literary and artistic works shall enjoy
the exclusive right of authorizing any communication to the public
of their works, including the making available to the public of
their works, by wire or wireless means, in such a way that members
of the public may access these works from a place and at a time
individually chosen by them."

The proposal to an article 12 is as follows:
        "Limitations and exceptions
        (1) Contracting parties may, in their national legislation, provide
for limitations of or exceptions to the rights granted to authors of
literary and artistic works under this treaty only in certain
special cases that do not conflict with the normal exploitation of
the work and do not unreasonably prejudice the legitimate interests
of the author.
        (2) Contracting parties shall, when applying the Berne convention,
confine any limitations of or exceptions to rights provided for
therein to certain special cases which do not conflict with the
normal exploitation or the work and do not unreasonably prejudice
the legitimate interests of the author.

DISCUSSIONS
During the first and second week of the conference all these and many
articles had their initial discussion. Concerning article 7 Canada proposed
to delete the whole article in accordance with EBLIDA`s main proposal and
Singapore and Norway made new proposals. Norway`s proposal got a lot
of support from lobbyists and also from a few countries.

Many countries proposed smaller changes, deletition of whole or parts of
articles or amendments. NGOs including libraries were active in discussions
and in making new proposals.

NEW PROPOSAL FROM LIEDES ON DEC. 12TH.
Based on all these activities the chairman of main committee 1, Jukka Liedes
on 12th of december made a new proposal in which he tries to present
compromises which can get support from all or a majority of the delegations
at the conference.

His new proposal from 12th of december is like this (I only cite some of the
most
relevant articles):

        "Preamble

        (adding the following text after the original proposal:

        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

        have agreed as follows:

        ......

Liedes`proposal of 12th of december for a new article 7:

        Scope of the right of reproduction
        (1) The exclusive right accorded to authors of literary and artistic
works in article 9(1) of the Berne convention of authorizing the
reproduction of their works in any manner or form includes direct
and indirect reproduction of their works, whether permanent or
temporary
        (2) Subject to the conditions under and without prejudice to the
scope of applicability of article 9(2) of the Berne convention, it
shall be a matter for legislation in contracting parties to limit
the right of reproduction in cases where a temporary reproduction
has the sole purpose of making the work perceptible or where a
temporary reproduction is of a transient or incidental nature,
provided that such reproduction takes place in the course of use of
the work that is authorized by the author or permitted by law in
accordance with the Berne convention and this treaty.

Liedes made no new proposals concerning article 10.

Liedes` proposal of 12th of december for a new article 12:

        Limitations and exceptions
        Contracting parties may, in their national legislation, provide for
        limitations of or exceptions to the rights granted to authors of
literary and artistic works under this treaty 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.

NEW STATEMENT FROM EBLIDA ON DEC. 13TH
On the 13th of December 1996 EBLIDA made a new statement on its
positions at WIPO based on all the above mentioned activities.
This statement has already been sent out on the ecup-list on 13th of
december by Emanuella Giavarra.

We are now entering into the last week of discussions and negotiations.
We will keep you informed about the latest developments.

Frode Bakken



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