Global WIPO Conference Advances Dialogue on Copyright Limitations and Exceptions

The World Intellectual Property Organization (WIPO) convened an International Conference focused on copyright limitations and exceptions, following directives approved by member states during the 36th session of the Standing Committee on Copyright and Related Rights (SCCR) in June 2018. This conference marked the conclusion of the fact-finding and information-gathering phase outlined in the Action Plans on Limitations and Exceptions.

The conference provided a platform to address issues identified during three preceding regional seminars held in Singapore, Nairobi, and Santo Domingo. Panelists engaged in detailed discussions concerning the conditions under which archives, museums, libraries, and educational institutions manage copyright exceptions in their respective contexts.

In the context of archives, panelists examined conditions for reproducing archival material for preservation or replacement purposes. Considerations included works at risk, fragile or rare works, and those in obsolete formats. Discussions also explored whether copies are predominantly analogue or digital, and how digitized archival materials are made accessible both onsite and remotely.

Further, the conference addressed how archives respond to requests from institutions outside their national jurisdictions, highlighting cross-border copyright challenges.

Regarding museums, panelists discussed best practices for copying works for preservation, including contractual arrangements with clear digitization conditions. The dialogue extended to internal guidelines or best practices that enable museums to publicly display media works within their collections.

The conference also explored museums’ engagement in commercial activities and the rights they hold in connection with such activities, for example, in relation to catalogues.

Library-related discussions focused on user access to works via onsite terminals and remote access possibilities. Panelists debated the permissible number of copies users may make for private use and the extent of the work that can be copied under copyright exceptions.

Educational and research institutions were examined in terms of their ability to make copies of works for teaching and research purposes, including whether such activities are subject to remuneration. The legal frameworks governing cross-border access to works on online learning platforms were also scrutinized.

Panelists shared experiences regarding requests for cross-border access to works by educational institutions, emphasizing the complexities of applying copyright exceptions in a globalized digital environment.

This conference represents a significant step in WIPO’s ongoing efforts to harmonize and clarify copyright limitations and exceptions worldwide, facilitating preservation, access, and educational use while respecting rights holders’ interests.