Open Access News

Brazil and Chile's calls for a series of public interest exceptions to be entrenched in a future treaty on the rights of broadcasting organisations took centre stage during negotiations at the World Intellectual Property Organisation (WIPO) from 21-23 November. Many countries have expressed concerns that the future treaty, which seeks to update the rights of broadcasters in light of technological advances in recent decades, could pose restrictions on access to knowledge....The Chilean proposal (SCCR/13/4 and 5), dated 22 November, warned that a future treaty could pose obstacles to the development of social initiatives such as public libraries, distance education, and programmes for disabled people, particularly in developing countries. It thus suggested exempting several potential uses of broadcasts from the rules of the future treaty, including...scientific research purposes....The same day, Brazil made a proposal (SCCR/13/3) calling for a general public interest clause, a broad copyright limitation and exception clause, and a minimum list of exceptions to be present in a future treaty. The general clause would specify that "nothing in this Treaty shall limit the freedom of a Contracting Party to promote access to knowledge and information and national educational and scientific objectives, to curb anti-competitive practices or to take any action it deems necessary to promote the public interest in sectors of vital importance to its socio-economic, scientific and technological development."...The Civil Society Coalition (CSC), a group of 28 public interest non-governmental organisations (NGOs), welcomed the Chilean proposal, and issued a statement indicating that the limitations and exceptions are essential to ensuring that the copyright system is consistent with the public interest, human rights and the promotion of new creativity. On the other hand, some groups representing publishers, authors, composers, and broadcasters expressed concerns that limitations and exceptions might be excessive.