22 March 2012
Question for written answer
to the Commission
Marietje Schaake (ALDE)
Subject: The Commission’s position in the WIPO Standing Committee on Copyright and Related Rights
At the conclusion of the 21st session of the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright and Related Rights (SCCR) in November 2010, an agreement was reached to work towards an appropriate international legal instrument for copyright limitations and exceptions for libraries and archives. Texts were proposed by the African Group(1), and by Brazil, Ecuador and Uruguay(2).
The 23rd session of the SCCR in November 2011 concluded with an agreement to carry out further work on the ‘Provisional Working Document containing comments on and textual suggestions towards an appropriate international legal instrument (in whatever form) on exceptions and limitations for Libraries and Archives’ (SCCR/23/8 Prov.). This document contains a list of 11 topics relating to libraries and archives: preservation, right of reproduction and safeguarding copies, legal deposit, library lending, parallel importations, cross-border uses, orphan works, retracted and withdrawn works, liability of libraries and archives, technological measures of protection, contracts, and the right to translate works.
Member States had until 29 February 2012 to submit written comments to the WIPO Secretariat for inclusion in the document, which will be discussed at the 24th session of the SCCR in July 2012.
1. Can the Commission publish and clarify its position on the proposals made by the African Group and by Brazil, Ecuador and Uruguay? If not, why not?
2. Where can the Commission’s submission for Provisional Working Document SCCR/23/8 Prov. be found? If the EU’s submission is confidential, can the Commission clarify why?
3. What consultation has the Commission undertaken with stakeholders to prepare its position on these proposals? If no preparatory meetings took place, why was this?
(1) Draft WIPO Treaty on Exceptions and Limitations for the Persons with Disabilities, Educational and Research Institutions, Libraries and Archives (SCCR/22/12).
(2) Proposal on Limitations and Exceptions for Libraries And Archives (SCCR/23/5).