IPA Blog

WIPO Blog (SCCR 35) Day 3 – Crews Control and Action Plans

With our unusually large contingent at this SCCR, the IPA team was able to attend a number of simultaneous meetings today, even before the SCCR morning session began. Some of us were at the meeting convened by WIPO to come up with a set of non-binding principles relating to the functioning of Collective Management Organisations; while others attended a high-level briefing by the USA delegation; and still others were at a joint meeting of the so-called Group B (developed) countries and the Central European and Baltic States (CEBS) group. The IPA was joined by other Creative Sector Organisations for the latter. These meetings are essential opportunities for dialogue but this morning the Members States were mostly playing it safe and giving very little away.

When the SCCR proper finally got under way at 10:00am, we immediately started discussing exceptions and limitations for libraries, archives and education, including in particular draft Action Plans that had been prepared by the WIPO Secretariat. A good summary of all the plans is provided by the website IP Watch here. The IPA intervened on the draft Action Plan through our representative at the SCCR, Ted Shapiro, who is a Partner and Head of the Brussels Office of the law firm Wiggin. Ted said:

‘We would like to reiterate our view that the current international legal framework provides ample flexibility for Member States to enact exceptions and limitations consistent with their own legal traditions. It goes without saying that exceptions and limitations, which are legal defences to what are otherwise infringements of copyright, have a profound impact on all rightholders as well as other stakeholders. The Berne Convention/TRIPS/WCT three-step test provides the means for measuring this impact – which is why it is applied internationally and nationally both by legislatures and courts.

We believe that the draft action plan, while some details may need further clarification, provides a useful basis for a number of activities that could support exchange of info and capacity building that can inform countries — including, in particular, developing nations — in their efforts to ensure balanced national copyright laws consistent with the international framework. The IPA stands ready to participate in conferences and provide both legal and commercial experts to assist.

Peace love and copyright.’

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WIPO Blog (SCCR 35) Day 2 – Informal Progress

The second day of SCCR 35 began with the now traditional ‘informal’ meeting of the Creative Sector Organisations (CSO) group, which the IPA coordinates with Benoît Müller (former IPA Secretary General and now consultant to the International Video Federation and Motion Picture Association). This meeting took place on the 13th floor of the ‘old’ WIPO building with sweeping views of the Jura Mountains on one side, and of Lake Geneva and the Alps on the other.

In this inspirational setting, the CSO group discussed the important events of the opening day and planned for the rest of the week, including the meetings that had already been arranged with individual Members State delegations and major regional blocs. We also coordinated our involvement in the ‘side events’ organized for today and tomorrow during the SCCR’s lunch time breaks. But more on that later.

Straight after the CSO meeting, the IPA team split up with some of us attending the plenary session in the main Conference Room. This session featured reports on progress from yesterday’s ‘informals’ that focused on the Broadcasting Treaty, while others in the large IPA contingent (see yesterday’s blog post) undertook a series of meetings off-site.

Members States continued their own informals in the morning until the first lunchtime side event of the week. This consisted of a panel organized by the Brazilian delegation and largely included copyleft advocates making the case for broader exceptions and limitations to copyright law. The one publisher on the panel, FEP President Henrique Mota brilliantly argued that authors and publishers relied on a strong and stable copyright regime to create and disseminate the precious content that others were wanting easier access to. Mota was lucid and passionate, pointing out that publishers assiduously paid for all their content as a matter of course, and that all we are asking for is that users accord us the same courtesy.

After the excitement of the FEP President’s intervention, Member States continued their informals on the Broadcasting Treaty away from the WIPO Conference Room before a final plenary session in the early evening.

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WIPO Blog (SCCR 35) Day 1 – A Smooth Start

SCCR 35 opened on a windy but bright Monday morning at the WIPO offices in Geneva, Switzerland. In his introductory speech, WIPO Director-General Francis Gurry addressed the importance of multilateralism in a time when politicians’ perspectives are increasingly shifting from the international arena to a predominantly national orientation.

New SCCR President Daren Tang began the meeting as usual with a call for opening statement, but had communicated with the various Member States beforehand to keep their remarks to a minimum. As it had for all the recent SCCR meetings, the first agenda item for the week was a session working towards  a treaty for the protection of broadcasting organizations. International rules to protect television broadcasts from piracy have not been updated since the 1961 Rome Treaty. Most representatives of members States have agreed for some time that a new treaty would be desirable.

In the afternoon, the Member States convened what are called ‘informals.’ This entails leaving the open plenary session in the main hall and meeting elsewhere to discuss ways forward and text changes among themselves. NGOs and other observers in attendance are allowed to listen to these informals, but prohibited from reporting on the matters discussed. We hope that tomorrow the morning plenary session will allow us to report on any progress in more detail.

The IPA contingent present this week is the largest in living memory. Apart from the usual team of IPA  CEO José Borghino, and legal advisers André Myburgh and Ted Shapiro, also attending are IPA President Michiel Kolman, Vice-President Hugo Setzer as well FEP President Henrique Mota, FEP Director Anne Bergman-Tahon, (UK) PA CEO Stephen Lotinga, (UK) PA General Counsel William Bowes, and EC member Rudy Vanschoonbeek. Further representing the IPA will be Chiefs of Staff Rachel Martin and Sjors de Heuvel from Elsevier. All of us will be engaged in individual meetings with ambassadors and country delegations, which means we have a busy but exciting week ahead of us.

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ASEAN publishers driving ICCRF, a new children’s rights fair in Thailand, in December

Beijing International Book Fair this year (23-27 August) was as lively as ever, due in part to the significant overseas contingent taking part. Of 2,400 exhibitors, 800 were non-Chinese, coming from 89 countries.

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New Delhi, February 2018: the 32nd International Publishers Congress is shaping up to be the best yet.

Delhi Gate

Earlier this month I visited New Delhi for the first time, to discuss with our Federation of Indian Publishers (FIP) colleagues the preparations for the 32nd IPA Congress, on 10-14 February, 2018. 

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Copyright and the rights of disabled people

Occasionally, copyright and the rights of disabled people are framed as somehow incompatible—as though the former may preclude the latter—but to my mind these rights are definitely not mutually exclusive.

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WIPO Diary (SCCR 33) Day 5 - Moving on

WIPO Diary (SCCR 33) Day 5 - Moving on

And so ends another SCCR marathon: hundreds of delegates locked in some 40 hours of discussion over five days; only God knows how many mini-sandwiches, cups of undrinkable coffee and MBs of data have been consumed.

The IPA put in a strong showing this time. For the first time ever the IPA delegation included its President (elect) and the Chair of the copyright committee. Add to that the Secretary General, our razor-sharp legal counsel and, well, me, and we were a distinctly visible presence in the crowd.

Having been wrapped in the copyright bubble since Monday and talked of little else between the hours of 9am and 7pm, I get a sense that there has been a definite shift in humour.

Frustration and possibly a vague embarrassment over the impasse has peaked and is spurring the chamber to action on the broadcasters treaty; the inside track is that a diplomatic conference may be announced as early as SCCR 34, from 1-5 May 2017.

Here's Carlo Scollo Lavizzari to tell you how he thinks it went:

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WIPO Diary (SCCR 33) Day 3 - A world of exceptions and limitations

The IPA team joined a US delegation breakfast briefing this morning, high up on the 13th floor. A superstitious person may have hesitated to attend, but this was a golden chance of valuable face time with some key SCCR influencers. At the table were stakeholders from all sides of the copyright debate: policy makers, consumer groups, librarians, lawyers and NGOs.

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WIPO Diary (SCCR 33) Day 1 - Treaties, Transitions and Trumpism

As the world of international diplomacy hastily manoeuvres ahead of the looming Trump Era, delegates congregated at the World Intellectual Property Organization in Geneva this morning for the 33rd meeting of its Standing Committee on Copyright and Related Rights (SCCR 33).

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The Great Scoop: Feeding Google’s A.I. Machine, by Hugh Stephens

Oh Google! You’ve done it again! You have taken a good idea—one that could help creativity–and once again blotted your copybook by antagonizing the creative community you profess to serve. Yet again you have turned a blind eye to the rights of writers and creators to serve your own ends, all in the name of “progress”.

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WIPO General Assemblies 2016 — stocktaking before the next big copyright sit-down

The Geneva-based World Intellectual Property (WIPO) has now closed its 56th Assemblies of the Member States, which took an interim look at various areas of strategic interest to publishers.

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WIPO Diary, Day 5: standing on the heads of giants?

The morning began with an alarming rumour circulating that today’s session might spill over into a dreaded 'late-nighter'. Was this the curse of Friday 13th?

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WIPO Diary, Day 4: crossed swords over cross-border uses

Two hot potatoes in particular injected extra vim into the SCCR discussion today, drawing parties on either side of the copyright fence into an exchange of views that, had we been in a pub and not at WIPO, might have led to indecorous behaviour from some.

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WIPO Diary, Day 3: taking exception to exceptions

A collective sigh of relief was heaved here at WIPO this morning when, at last, the broadcasting talk wrapped up.

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WIPO Diary, Day 2: When legal instruments go bad.

As the SCCR delegates resumed their Sisyphean effort to define the terms underpinning the long-awaited WIPO broadcast treaty this morning, the glaring paradox at the heart of the process became apparent.

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WIPO Diary, Day 1: DG ticks off SCCR 32 over 20-year broadcasting text deadlock

WIPO Director General Francis Gurry fired the starting gun on the 32nd Standing Committee on Copyright and Related Rights (SCCR), today, urging the participants to agree on the elusive broadcasting treaty, which has lain on the table since 1996.

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IPA WIPO Diary

This week, the WIPO Standing Committee on Copyright and Related Rights (SCCR) will meet for the 32nd time, in Geneva, to debate several copyright issues that will have a direct impact on the global publishing industry.

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You've heard of UNESCO World Book Capital, but did you know it was an IPA idea?

The UNESCO-led World Book Capital sprang from the runaway success of World Book and Copyright Day, launched in 1996, when UNESCO nominated Madrid as the first World Book Capital, for 2001. Thereafter, UNESCO's General Conference adopted a resolution, on 2 November 2001, establishing the yearly nomination of World Book Capital.

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Could risk-aversion be positive for publishing in the long-run?

It's glaringly obvious that the publishing industry has undergone a seismic shift in recent times, and many of us will have experienced this upheaval first-hand. We've seen unprecedented global mergers and acquisitions, and the demise of established sector stalwarts.

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Let's hear it for the publishers

Since forever, publishers have been criticised.

It's all part of the job. Publishers are ripping off authors. Publishers are maltreating booksellers. Publishers publish tosh. Publishers don't take enough risks. Publishers spend too little on marketing. Publishers don't understand their market. Publishers are Luddites. In short, publishers are incompetent. What's more, they make obscenely large profits.

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International Publishers Association

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