E SCCR/23/10 ORIGINAL: ENGLISH DATE: JULY 20, 2012 Standing Committee on Copyright and Related Rights Twenty-third Session Geneva, November 21 to 25, 28, 29 and December 2, 2011 REPORT adopted by the Committee SCCR/23/10 page 2 1. The Standing Committee on Copyright and Related Rights (hereinafter referred to as the “Standing Committee”, or “the SCCR”) held its twenty-third session in Geneva from November 21 to 25, 28, 29 and December 2, 2011. 2. The following Member States of the World Intellectual Property Organization (WIPO) and/or members of the Berne Union for the Protection of Literary and Artistic Works were represented in the meeting: Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Botswana, Brazil, Burkina Faso, Canada, Chile, China, Colombia, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of Korea, Denmark, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Greece, Haiti, Holy See, Honduras, Hungary, India, Iran (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kuwait, Lithuania, Madagascar, Malawi, Malaysia, Mexico, Monaco, Morocco, Nepal, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Russian Federation, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, The Former Yugoslav Republic of Macedonia, Trinidad and Tobago, Ukraine, United Kingdom, United States of America, Uruguay, Venezuela (Bolivarian Republic of), Viet Nam, Yemen (89). 3. The European Union (EU) participated in the meeting in a member capacity. 4. The following intergovernmental organizations took part in the meeting in an observer capacity: African Union (AU), International Labour Organization (ILO), South Centre, World Trade Organization (WTO) (4). 5. The following non-governmental organizations took part in the meeting in an observer capacity: Actors Interpreting Artists Committee (CSAI), Agence pour la protection des programmes (APP), American Council of the Blind (ACB), Asia-Pacific Broadcasting Union (ABU), Asociación Internacional de Radiodifusión (AIR), Association IQSensato (IQSensato), Association of Commercial Television in Europe (ACT), British Copyright Council (BCC), Central and Eastern European Copyright Alliance (CEECA), Centre for International Intellectual Property Studies (CEIPI), Comité national pour la promotion sociale des aveugles et amblyopes (CNPSAA), Computer and Communication Industry Association, Co-ordinating Council of Audiovisual Archives Association (CCAAA), Copyright Research Information Center (CRIC), Electronic Information for Libraries (eIFL.net), European Broadcasting Union (EBU), European Federation of Joint Management Societies of Producers for Private Audiovisual Copying (EUROCOPYA), European Law Students’ Association (ELSA International), European Visual Artists (EVA), European Writers’ Council (EWC), Free Software Foundation Europe (FSFE), Ibero-Latin-American Federation of Performers (FILAIE), Inclusive Planet Foundation, International Association for the Protection of Intellectual Property (AIPPI), International Bar Association (IBA), International Center for Trade and Sustainable Development (ICTSD), International Chamber of Commerce (ICC), International Confederation of Music Publishers (ICMP), International Council on Archives, International Federation of Actors (FIA), International Federation of Associations of Film Distributors (FIAD), International Federation of Film Producers Associations (FIAPF), International Federation of Journalists, International Federation of Library Associations and Institutions (IFLA), International Federation of Reproduction Rights Organizations (IFRRO), International Federation of the Phonographic Industry (IFPI), International Group of Scientific, Technical and Medical Publishers (STM), International Literary and Artistic Association (ALAI), International Publishers Association (IPA), International Video Federation (IVF), Internet Society, Knowledge Ecology International, Inc. (KEI), Library Copyright Alliance (LCA), Motion Picture Association (MPA), National Association of Commercial Broadcasters in Japan (NAB-Japan), National Federation of the Blind (NFB), North American Broadcasters Association (NABA), Organização Nacional de Ciegos do Brazil (ONCB), Organización Nacional de Ciegos Españoles (ONCE), Organización de Asociaciones y Empresas de Telecomunicaciones para America Latina (TEPAL), Public Knowledge, Royal SCCR/23/10 page 3 National Institute of Blind People (RNIB), Software and Information Industry Association (SIIA), South African National Council for the Blind (SANCB), Third World Network (TWN), Transatlantic Consumer Dialogue (TACD), Union Africaine de Radiodiffusion (UAR-URTNA), Unión Latinoamericana de Ciegos (ULAC), World Blind Union (WBU) (59). ITEM 1: OPENING OF THE SESSION 6. The Chair of the SCCR welcomed the delegations to the 23rd session, and expressed hope that the meeting would achieve core agreements and understandings with the active participation of each and every one of them. The Chair further called for a frank and open dialogue with the spirit of transparency and impartiality. He also thanked the Secretariat for the timely presentation of the relevant documents. The Chair opened the session. 7. Mr. Francis Gurry, Director General of WIPO, joined the Chair in welcoming delegations to the SCCR and briefed them on the schedule of the session for the following two weeks. He highlighted the holding on Thursday, December 1, 2011, of the Preparatory Committee to make the arrangements for the Diplomatic Conference on the Protection of Audiovisual Performances, which was expected to take place in 2012. He recalled that at the previous SCCR meeting exceptional progress had been made owing to the constructive engagement of the Member States, and urged the delegations to maintain that same result-oriented spirit. Mr. Gurry also expressed hope that some agreement would be reached in the area of the limitations and exceptions for persons with print disabilities. Apart from the discussions on libraries and archives, he hoped some discussions would also take place on the issue of educational and research institutions. He also hoped some considerable progress would be achieved on the issue of protection of broadcasting organizations as, at the previous meeting of the SCCR, the delegations had demonstrated a collective way forward that indicated the possibility of a diplomatic conference in the year 2013. ITEM 2: ADOPTION OF THE AGENDA OF THE TWENTY-THIRD SESSION 8. The Chair thanked Mr. Francis Gurry and opened the floor to adopt the agenda of the 23rd session of the SCCR. 9. The Delegation of the United States of America, speaking on behalf of Group B, expressed great pleasure with the agreement on the 20 articles at the previous SCCR meeting, and the agreement by the General Assembly meeting held the previous month to reconvene the 2000 diplomatic conference with a desire to move forward. The Delegation said that Group B had come together to resolve the issue of the 2000 conference on the transfer of rights with the film producers. Group B looked forward to finalizing the work on the agreed statements and the preamble, and engaging the following week in the Committee making the arrangements to reconvene. The Delegation stressed that the important issue the Committee had embarked upon in recent years was the work on exceptions and limitations for the benefit of persons with print disabilities. The Delegation further reminded the meeting that during the previous two years there had been a convergence of WIPO members to establish norms for safeguarding the integrity of the intellectual property system. The Delegation believed that an international system could protect authors and enable full participation by the visually impaired in civic and cultural life. It was important for those persons with print disabilities to have access to educational, cultural and informational materials. Group B thanked the Chair for its efforts on Document SCCR/22/16 and looked forward to discussing it in greater detail over the course of the session. The Delegation said Group B remained committed to working with other Member States on the question of a treaty for broadcasting organizations, and hoped progress would be achieved towards the adoption of the treaty. The Delegation also hoped the two-day consultations on November 26 and 27 would make progress towards that goal, and committed SCCR/23/10 page 4 itself to constructive discussions on the subject of limitations and exceptions for libraries and archives. 10. The Chair then announced the adoption of the agenda in line with the proposed work methods suggested by the Secretariat. ITEM 3: ACCREDITATION OF NEW NON-GOVERNMENTAL ORGANIZATIONS 11. The Chair announced the accreditation of the new non-governmental organizations, namely: European Dyslexia Association (EDA), Genetic Resources, Traditional Knowledge and Folklore International (GRTKF Int.), Indigenous People (Bethechilokono) of Saint Lucia Governing Council (BGC), Society of American Archivists (SAA) and the French-Speaking Union of the Blind (UFA). ITEM 4: ADOPTION OF THE REPORT OF THE TWENTY-SECOND SESSION OF THE STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS 12. The Chair called for the adoption of the draft report of the 22nd session of the SCCR. 13. The Delegation of India regretted