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Why should publishers care? A group of outstanding speakers tried to answer this question during the session I had the honour to chair on “Social Responsibility of Publishers”.

Mr. Dipendra Manocha, who works with the DAISY Consortium and is President of the National Association for the Blind in Delhi, talked about the famine of accessible books for visually impaired persons (VIP) and the need to change this reality. He described the Marrakesh Treaty as an important legal tool and praised publishers for their full support of this initiative and their openness to dialog with the blind organizations. One of the relevant features of the Marrakesh Treaty is that it is designed to give access to content to VIPs, while at the same time guaranteeing protection of copyright. He furthermore explained the importance of the work of the Accessible Books Consortium, a WIPO initiative which has the participation and support of IPA and other international organizations. The way to think of publishing for the future should be inclusive publishing so no users are excluded from access to our publications.

Ms.Sadhna Rout, the Director General of the Publications Division of the Government of India and longstanding civil servant who has worked in all social sector ministries and departments and with UN organizations, explained the government perspective.  Ms. Rout talked about the way her organization views social responsibility as a provider of maximum knowledge-based awareness to the maximum number of people. For private publishers profits are of course important, but they have to see their mission in a more holistic way, taking into account all stakeholders.

Mr. Henrique Mota, who is the international representative of the Portuguese Publishers Association and the President of Federation of European Publishers, talked about the positive impact of books in society and the role of publishers delivering ensuring trustworthy publications. He said the professional publishers have the right to publish all books and to refuse to produce books that reject truth, knowledge and wisdom. The process of validating content is one of the important ways publishers add value.

The session analysed different approaches of social responsibility and agreed on the importance of working on the wellbeing of all stakeholders in a business. “A business that makes nothing but money is a poor business” (Henry Ford). It offered also a nice link to the sessions to follow during the day on Copyright, Freedom to Publish and Educational Publishing.  

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I had the honour to chair a session on the second day of the Congress entitled : " Creating readers of the future". My panelists came from diverse backgrounds and represented almost half of the global publishing industry. All of them experts in the children's book market, I was curious to know whether children in Brazil had better access to books than children in China or India or vice versa. 

Gita Wolf, from Tara Books in Chennai, India passionately described her love for visual tactile books, which she has won many awards for, including the prestigious Bologna Ragazzi Award. She stressed the importance of reading to children very early on, and talked about the role of parents in instilling a love of reading by making reading a daily habit. 

Monica Malhotra, from MBD publishers in India shared some of her experience in running her family company which has a large focus on educational books. She talked about India having one of the youngest populations in the world and how the government is investing heavily in building more libraries around the country. She strongly argued that technology was there to support reading and how we must embrace the digital revolution to create more readers.

Karine Pansa from Girassol Books in Brazil said that Brazil has one of the highest illiteracy rates in the world, and the government has put in place a National reading strategy that aims to eradicate this illiteracy and encourage more readers. She also talked about the importance of providing books for the visually impaired through her work in the DNA.

Mingzhou Zhang from CCPPG, China is also Vice President of IBBY, and he talked about China's public library law and reading promotion culture which is encouraging more and more Chinese children to read. He also talked about the captivating children's books coming out of China now, where there is more emphasis on creating quality books for children. China will be the guest of honour in Bologna book fair, which will be a good opportunity to see more of the children's books coming out of China.

It was interesting to learn that many countries are struggling with the same issues, like children these days having more distractions around them which limits the time they have to actually read a book. However not all global challenges can be solved with global solutions. In some way, what works in China might not work in Brazil. 

However, what resonated the most was the need for cross-cultural exchange between children's book markets. All my panelists stressed the importance of using books to educate children on acceptance and tolerance especially in this day and age when there is so much unnecessary conflict in the world. Hopefully by creating educated, open minded readers of the future we will see more peace and prosperity.

Bodour Al Qasimi

CEO and Founder of Kalimat Group, UAE

President of the Emirates Publishers Association

Member of the IPA Executive Committee

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The final day of the Congress started with a detailed look at 'Book Markets in India'. Emma House, Deputy CEO of the PA UK, spoke about the size and importance of each publishing sector and the variety of languages (India has 22 official languages but Hindi and English make up 90% of publications). André Breedt of Nielsen noted, educational publishing dominates the Indian market. Local publisher Himanshu Gupta (S Chand) claimed that Indian publishers are embracing digital as an enabler for hybrid learning. He was supported by Vikas Gupta of Wiley, who called on publishers to become platforms for smart digital content.

The next session 'Strengthening Education Publisher Capacity' was chaired by Willmar Diepgrond from the German Westermann Group and Chair of the IPA's dynamic Educational Publishers Forum (EPF). Spanish publisher and Vice Chair of the EPF, Jaume Vicens (VicensVives) detailed the digital revolution that educational publishers are undertaking. 

Brian Wafawarowa, the President of the Publishers Association of South Africa, described the educational ecosystem that publishers work in and spoke about what resources are needed for successful lobbying of government. Mathematician and former Vice-Chancellor of Delhi University, Professor Dinesh Sing, spoke eloquently about ancient, pre-copyright forms of dissemination of knowledge in India and asked whether we could learn from them.

IPA President, Michiel Kolman, led the next session on 'STM Publishing', showing how this sector had deftly avoided predictions of its demise by actively embracing the very 'disruptions' that were meant to destroy it. FIP president, NK Mehra, gave the Indian perspective on this decades-long transformation of the sector, while Peter Wiley of John Wiley and Sons explained how his 200 year old company faced and embraced change and disruption with various levels of success. Today Wiley contributes to building a better future through education, skill development, and research. Sanjeev Goswami, Managing Director of SpringerNature India, expanded on the openness and sharing that SpringerNature embraced, as the leading Open Access publisher with advanced article and data sharing facilities.

Former IPA President, Ana Maria Cabanellas chaired the final session of the Congress, which on 'Collective Rights Management'. Caroline Morgan, CEO of the International Federation of Reprographic Rights Organisations (IFRRO) highlighted the differences between the collections and distributions of different RROs. Kevin Fitzgerald from WIPO underlined the cultural and economic importance of CMOs but called on them to come up with digital and cross border solutions if they want to survive. He was followed by Michael Healy, Executive Director of the Copyright Clearance Centre in the USA, who spoke of the perfect storm facing CMOs but reminded the audience that solutions were possible through voluntary licences. And finally Rohit Kumar, a consultant for the Indian Reprographic Rights Organisation, spoke of the need for the Indian government to decide whether it actively prioritized intellectual property rights for the benefit of Indian creators and rightsholders or not.

With the sessions completed, it was left to IPA's President, Michiel Kolman, and Vice President, Hugo Setzer to bring the Congress to a close, thank those who worked tirelessly behind the scenes to make it happen, and announce the destination of the 33rd IPA International Publishers Congress - Lillehammer in Norway!

 IPAcongress2018-Closing-Speech-MK.pdf IPAcongress2018-Closing-Speech-HS.pdf

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After yesterday's intense high-level discussions about the future of publishing, copyright and freedom to publish, the second day began with a series of panels about the nitty gritty of publishing and finished with an emotional roller coaster and two standing ovations.

IPA Vice President, Hugo Setzer, led the first session on the social responsibility of publishers, which talked about the importance of WIPO's Marrakesh Treaty and the work of the Accessible Books Consortium (ABC), as well as how publishers aren't in it just for the money but also for truth and knowledge. Stay tuned for a full blog from Hugo tomorrow.

Responding to copyright challenges, Paul Doda, Chair of the IPA's Copyright Committee, asked Lui Simpson to give a round-up of the predicament that copyright finds itself in at the beginning of the 21st century. Liu spoke of the need for data to help construct a narrative in support of copyright. Louise Adler spoke about publishers' struggle in Australia against the changes to the Copyright Act being pushed by proponents of US-style "fair use". She said that the rights of users should not exceed the rights of creators. Pravid Anand spoke in detail of the Delhi University case.

The afternoon kicked off with a fascinating address from Norwegian publisher of The Satanic Verses William Nygaard, where he noted the immense pressure on publishing coming in different forms from government, libel laws and extremism. He emphasized that if you are running a publishing house you need to be close to your authors and that self-censorship is a lack of leadership. Trasvin Jittidecharak lamented the lèse-majesté laws in Thailand. Jürgen Boos noted that even though he doesn't agree with the right-wing publishers that register to exhibit at Frankfurt Book Fair he cannot exclude them, if they had not committed a crime.

Bodour Al Qasim led the session on creating the readers of the future. IPA Executive Committee member Karine Pansa spoke of the fundamental importance of literacy. Gita Wolf of Tara Books and Monica Malhotra Kandhari, managing director of the MBD Group, talked about creating the readers of the future from two different perspectives - through parents instilling a love of reading and by publishers embracing the digital revolution. Zhang Mingzhou noted that, in China, online literature has piracy issues that the industry can't handle alone. We'll have a full blog from Bodour on this session tomorrow.

Zhang Mingzhou again featured in the next session on "online literature" chaired by Zhang Siying from the Publishers Association of China. He spoke about how online development has created a boom in writers in China, something that was previously a preserve of the elite. Charlie Redmayne spoke about HarperCollins UK's strategy about using digital to make sure that Amazon does not become the only online retailer.

IPA Secretary General, José Borghino, was a panelist in the closing session chaired by Pierre Dutilleul and called on the publishing industry to take data collection seriously, as part of constructing a powerful narrative to government and others about the value of publishing. Ahmed Al Amedi and Jacks Thomas spoke about how book fairs are a great opportunity to bring publishers from different cultures together.

The day finished with powerful testimonies from the families of two publishers who have suffered for their commitment to freedom to publish. First Angela Gui, receiving the 2018 IPA Prix Voltaire on Gui Minhai's behalf evoked Voltaire himself: "I think that my father's version of optimism is perhaps precisely the kind that Voltaire describes. It's an optimism that in the face of unimaginable cruelty still believes in change. And it's an optimism that isn't crushed by lies, force and humiliation."

Bangladeshi Publisher Faisal Arefin Dipan was given a posthumous Special Award. His widow, Razia Rahman Jolly, told the audience, "We have sacrificed our sunshine. We are in darkness," but she promised to continue her husband's work and keep publishing books in Bangladesh.

And with that the second day of the IPA Congress was brought to an emotional close.

The final day of the Congress will include sessions on book markets in India, strengthening education publishing capacity, STM publishing, collective rights management and finally the closing ceremony including the announcement of the location of the 2020 IPA International Publishers Congress.

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Today was the first day of the 32nd edition of the International Publishers Congress, and this year it is hosted in New Delhi, India. The agenda of the congress is a promising agenda with a long list of panels on all important matters to publishers of this day, with sessions on the future of publishing, copyrights, CSR, and so much more. There is a lot of learning to be gained in such a conference, but here are my 5 highlight lessons from today's sessions.

  1. The publishing industry seems to shift interest every decade. In the 90s the focus was on marketing and sales, in the 00s the focus shifted to logistics and business development. However, one can only hope for the new shift in this decade to be towards authorship and better management of intellectual property. 
  2. Whereas IQ was developed as a concept to measure human's intelligence, and then EQ was formed as a way to measure emotional intelligence. Nowadays as publishers, we need to cultivate CQ, Cultural Intelligence, to learn about the differences and similarities between cultures and religions in a globalized and diversified economy like ours today.
  3. The future of publishing will not rely only on a great content curation but will also require strong analytical skills to understand our readers and what works.
  4. In the digital age we're in, the 5 biggest content publishers are no longer book publishers, but rather the tech platforms: Google, Facebook, Amazon, Apple, and Microsoft. And with them operating a completely different business model that doesn't rely on intellectual property(IP), the only way we can protect our IP is by talking with them directly about it rather than debating among ourselves how will we protect it from them.
  5. The new digital platforms are a product the new world economy with a whole new business model that doesn't come with a legacy that weighs them down as would be the case for traditional analog businesses that are trying to adapt to the new economy. 
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A full 26 years after the previous IPA Congress in New Delhi, we're back with a great programme. This will be the first of our daily blogs over the next 3 days.

The day started with a traditional candle lighting ceremony, before the Minister for Science and Technology, Dr Harsh Vardhan, arrived to launch the day's proceedings. IPA President Michiel Kolman gave a keynote address where he called on the publishing industry to stop being defensive and to shout about the industry's many successes, sentiments that were echoed by FIP President, NK Mehra.

The big picture

The opening session, the Global Leaders Forum, featured heavyweights Amitabh Kant (CEO of NITI Aayog - the National Institution for transforming India), former IPA Presidents YS Chi (Elsevier) and Richard Charkin (Bloomsbury), and Matthew Kissner (John Wiley & Sons) looking at the big picture around the systemic disruption of global publishing. Mr Kant confirmed the Indian government's support for copyright and called on the sector to embrace technological change to meet the challenges of educating an Indian population undergoing the biggest demographic transition in history. Mr Charkin said that, following decades of dramatic change in publishing when marketing and then distribution were key, the author must now come back to being the central focus for trade publishers. He added that we have to educate the 5 biggest publishers in the world - Google, Facebook, Apple, Amazon and Microsoft - about proper respect for copyright. Mr Chi predicted that the publishers that will thrive in the future are those that have both an analytics capability and unique content. He spoke of the breakneck speed of change that publishers have to manage just to survive. Mr Kissner questioned the superiority of digital, saying that, currently, many digital books were inferior to print books and that the shift to digital means that publishers must rethink the way we present information.

Creating a digital marketplace that works

The heavily anticipated second session Shaping the Future of Copyright, hosted by IPA President Michiel Kolman, featured Maria Pallante (CEO of the Association of American Publishers) and Francis Gurry (Director General of the World Intellectual Property Organization) tackling several key questions around how to create a functioning global digital marketplace for creative content? 

It was agreed that governments and non-governmental organizations have a role to play in bringing stakeholders together to develop voluntary measures that honour copyright while still enabling the enormous benefits of global digital delivery that has given the tech platforms an enormous advantage over traditional publishers. 

Respect for copyright, it was noted, can result from capacity building in less developed markets. Countries that have the infrastructure to support a local publishing industry also recognize the benefits of copyright, which in turn leads to better and more consistent enforcement against copyright infringement.

The session ended on a positive note: publishing and publishers are here to stay, vital not only to culture, but to educated, stable societies.  Publishers just have to embrace change and continue to innovate, as they have in the past.

The global freedom to publish challenge

PEN International President, Jennifer Clement, opened the final session, Do Freedom to Publish Awards and Recognition Help?, with a  compelling keynote reminding us that challenges to freedom of speech are global and that women in particular are the worst affected. This was followed by a moving first-hand update via Skype from Angela Gui, daughter of the 2018 IPA Prix Voltaire recipient Gui Minhai, on her father's continuing ordeal. She was sure that her father would welcome the award, contrary to recent reports, and was convinced that vocal support from the world community was better than silence if her father's situation is to improve. This feeling was echoed by the 2017 IPA Prix Voltaire recipients Cavit Nacitarhan and Elif Günay who made a direct appeal to the publishers everywhere to support their Turkish colleagues who have borne the brunt of the repressive regime in Turkey. 

That brought the day's proceedings to a close with the audience agreeing that this was one of the best opening days to an IPA Congress.

I post this as I run to the gala dinner. Make sure you follow #IPAcongress2018 on twitter during tomorrow's discussions. We have a jam-packed second day covering the social responsibility of publishers, responding to copyright challenges, the threat of self-censorship, how to create the readers of the future, online literature and bringing publishing markets together - all topped off by the 2018 IPA Prix Voltaire award ceremony.

Kal milenge!

IPACongress2018---MK-Opening-speech-DELIVERED-10-2-18.pdf

 

 

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Just 4 days to go until the beginning of this year’s International Publishers Congress, back in New Delhi after a 26-year break.

The full programme is now online and is packed with interesting discussions on all aspects of the publishing industry. 

The first day sets the tone for the Congress with the Global Leaders Forum bringing together big names – Amitabh Kant (National Institution for Transforming India), Y. S. Chi (Elsevier), Matt Kissner (John Wiley and Sons) and Richard Charkin (Bloomsbury) from the publishing world to share big ideas about the future of our sector. 

That will be followed by sessions about the IPA’s two pillars – copyright and freedom to publish. Having the Director General of WIPO – the UN agency coordinating copyright policy discussions worldwide – really is a big deal, and his session with Maria Pallante, CEO of the Association of American Publishers, moderated by IPA President, Michiel Kolman, will be fascinating. 

Closing the day with a keynote from PEN International’s President, Jennifer Clement and a conversation with our Prix Voltaire winners from last year and this year will also bring us back to earth about the realities for many authors and publishers in countries where publishing can be dangerous for your health.

If you want to start getting a feel for some of the subjects of discussion, check out the Copyright Clearance Center’s podcast Beyond the Book which features an interview with IPA President, Michiel Kolman.

If you can’t be there, that doesn’t mean you can’t follow events in New Delhi. You can follow the IPA on twitter @IntPublishers and look out for the hashtag #IPAcongress2018. We will also be publishing a daily blog summarising the day’s highlights.

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Just recently, one year after being elected Vice-President of IPA, I was pleased to celebrate another IPA General Assembly during the Frankfurt Book Fair. Read the annual report here.

This has allowed me to reflect upon my exciting first year as Vice-President, where I had the opportunity to see firsthand and to collaborate in all the work we do on behalf of publishers around the world. 

While supporting Michiel Kolman’s presidency, I had the chance of travelling to many different cities and visit our member publishers all over the world. Michiel did of course his own share of traveling, visiting, among other places, the USA, China, Japan, the UAE, Russia and many European countries. At the same time, our Secretary General, José Borghino, supported both of us also doing a lot of travel, visiting among many other places, Canada, Argentina, Georgia, China, Korea, the USA, many European cities and most recently my home country of Mexico.

This way we were able, between the three of us, to represent IPA and defend publisher’s interests in many places and events throughout the year. As ever before, our main pillars are protection of copyright and promotion of freedom to publish.

Our collaboration with the World Intellectual Property Organization (WIPO) is highly important. Throughout the year, I visited IPA’s and WIPO’s offices in Geneva on two occasions and in addition represented IPA at three Latin-American WIPO workshops, held in Mexico City, San José, Costa Rica and Bogotá, Colombia. At all of them I spoke to different regional authorities about the importance of copyright and the risks of introducing broader copyright exceptions.

The Costa Rica workshop was for awareness building of the Marrakesh Treaty, where I had a chance of interacting with people from the blind and visually impaired (VIP) community and learn from them. Among many other things, I learned that less than 10% of the world’s published works are accessible for VIP. There is a very important opportunity for us as publishers, to help change that through the Accessible Books Consortium, a WIPO initiative where IPA and other NGOs participate actively. We can and we should make a difference for millions of VIP around the world. As our former president, YS Chi, has said: ‘Publishing in accessible formats is not just a moral decision, but a good business decision overall.’  

In November I had the chance of participating in a large IPA delegation that attended WIPO’s Standing Committee on Copyright and Related Rights (SCCR) meeting in Geneva. We had very productive meetings with country ambassadors to Geneva and their representatives, with WIPO officials and with representatives of other creative sectors NGOs. In these days when copyright is being constantly challenged, IPA’s strong presence at such meetings is fundamental, because it allows us to explain the importance of a robust copyright system that fosters and protects the creation of new and innovative works.

Bogotá and Lima were very early on the travel schedule for me, and I was able to talk to our members there, the Cámara Colombiana del Libro and the Cámara Peruana del Libro, to discuss the work they are doing on the ground on behalf of their members and how IPA could be of help.  

Later during the year, I visited New Delhi and enjoyed the hospitality of our colleagues at the Federation of Indian Publishers, while discussing preparations for our IPA Congress in February 2018, about which I am really excited. I also visited the facilities of our magnificent venue hotel, the Taj Diplomatic Enclave. I learned many things about India, including that it is a country with rich cultural traditions and ancestry and, at the same time, the fastest growing economy in the G-20. 

During this visit, I also went to Dhaka, where I was able to see firsthand all the work done by our new full member, the Academic and Creative Publishers Association of Bangladesh. Together with the executive committee of ACPAB, we had a very constructive conversation with Bangladeshi Minister of Cultural Affairs, Asaduzzaman Noor, especially about freedom to publish. 

I had the opportunity of participating in very fruitful meetings between IPA’s and FEP’s leadership in Brussels and in Geneva, as well as visiting the offices of our German member, the Börsenverein des Deutschen Buchhandels, in Frankfurt.   

There were many book fairs on my itinerary during this year. London, Buenos Aires, Göteborg, Madrid, Frankfurt and Guadalajara, where I had meetings with different IPA members to strengthen our ties and to discuss ways of collaboration.  

In London we had meetings of all IPA committees and there was the highly interesting Charles Clark Lecture on copyright which the IPA co-sponsors. In Buenos Aires our Secretary General and I had meetings with our member, the Cámara Argentina del Libro, as well as with the other Argentinian publishers association, the Cámara Argentina de Publicaciones. We also met with the Argentinian Minister of Culture, Pablo Avelluto, who used to work as a publisher at Planeta and Random House Mondadori. And finally, with the untiring help of our ex-President Ana María Cabanellas, we organised a meeting of the Educational Publishers Forum (EPF) for Latin America.  

As we all know, in many counties there are still severe restrictions on freedom to publish. For example, since the failed coup in Turkey in 2016, 29 publishing houses have been closed and their assets seized by the government. Their books were prohibited from sale in bookstores and schools. There are currently 157 journalists in prison, out of which 32 are also writers and publishers. Because of this, IPA awarded this year’s Prix Voltaire jointly to two courageous major figures of this drama. At the Göteborg Book Fair I had the privilege to present, together with the Chair of our Freedom to Publish Committee, the unstoppable Kristenn Einarsson, the Prix Voltaire to the Turkish writer and editor, Turhan Günay (through his daughter, Elif) and to Cavit Nacitarhan, Editor in Chief of Evrensel Publishing House of Turkey. 

In November I welcomed our Secretary General to Mexico City to have meetings with the Mexican PA, the head of the Mexican IP office and the President of PEN International. After that we attended the Guadalajara Book Fair together, where we participated in a meeting of the Grupo Iberoamericano de Editores (an IPA member and the peak body for Latin American and Iberian publishers) and again of the EPF Latin America.  

One of the amazing things about IPA is that we can always find common ground and opportunities for collaboration. The next chance to network and engage in productive dialogue with fellow publishers from around the world will be IPA’s International Publishers Congress in New Delhi, from 10-14 February 2018. Come and join us!

 

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Apart from conducting meetings all week with delegates of Members States, the IPA team has also been busy meeting with the Genevan Ambassadors of key countries. Sometimes we do so to thank them for their support and at other times we do so to quiz them about their positions when they undermine their own local publishers and creators. It’s always good to let our allies know that we appreciate them, and it’s equally important to let the other side know that we are listening to what they say and that, if we disagree, we are always ready and willing to explain our own positions.

Meanwhile, back at WIPO, the morning’s session kicked off with a discussion about a possible new agenda item for future SCCR meetings: resale right for visual artists, otherwise known as ‘droit de suite’. Resale right already exists in a number of jurisdictions and in places like Australia it works quite well. If resale right were to make its way onto the main SCCR agenda it would be a welcome change since it is a topic that expands creators’ rights in contrast to the insistent discussions around exceptions and limitations to copyright law which we have had to endure for some years. The discussion this morning revolved around a presentation by Professor Joelle Farchy on the report Economic Implications of the Resale Right, which she co-authored with Professor Kathryn Graddy and which concluded that artists were, unsurprisingly, overwhelmingly in favour of implementing resale right internationally. In the end, the Member States decided to continue to discuss this topic but keep it under the ‘other matters’ rubric rather than the main agenda.

Also discussed today was a Scoping Study on the Impact of the Digital Environment on Copyright Legislation Adopted between 2006 and 2016 authored by Dr Guilda Rostama, as well as Professor Jane Ginsburg’s summary of a brainstorming exercise between copyright academics conducted at WIPO in April around the topic of the application of copyright in the digital environment. These developments surely point to a growing interest and imperative at SCCR to focus on the effects of the digital economy on the workings of copyright, although some Member States pointed out that the topic as proposed by the GRULAC Group (Latin American and Caribbean countries) goes beyond the scope of copyright protection.

A number of other topics were wrapped up in the last few hours of the day and the Chair’s Summary (usually requiring a painful and protracted negotiation) was accepted relatively easily. We were liberated from SCCR 35 just after 19:00 and we walked out of WIPO into a dark and cold Geneva night, tired but satisfied that some progress had been made on the Broadcasting Treaty but no damage had been done on the exceptions and limitations part of the agenda.

As a codicil, the rhetoric of the meeting swerved when some NGOs began talking about the economic success of nations that had supposedly more ‘flexible’ copyright regimes. Many of us from the Creative Sector Organisations heard in this rhetoric echoes of tech giants pushing for US-style ‘Fair Use’ — arguments that the IPA has consistently countered. At the end of the SCCR, it was good to receive a rebuttal, by Dr George Ford of the Phoenix Center in Washington DC, of one of the studies presented at the meeting which was attempting to indicate a link between ‘open exceptions’ and innovation.

 

 

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On a grey and gloomy Genevan winter’s day, the IPA team plus our Creative Sector colleagues trooped into early morning meetings first with the Africa Group of WIPO Members States and then with GRULAC (the Latin American and Caribbean countries group). We explained our consistent position on the exceptions and limitations debate: namely that the current copyright framework already provides adequate flexibility and balance to allow for well-crafted national laws, and therefore no international instrument is required.

We understand that the Member States asking for broader exceptions are doing so because of the perceived gap between the resources available in developing countries and those available in developed countries, but, we argued, governments in developing countries should note the exceptions and limitations regimes that already operate every well in comparable countries and begin to modify them for their own local fit. Furthermore, we advocate that all governments work as closely as possible with educational publishers, treating us as key stakeholders in the creation of well-educated people, rather than threatening publishers’ business models by weakening copyright.

Back at the WIPO Conference Room, Daniel Seng from Singapore updated the SCCR on his gargantuan study on copyright limitations and exceptions for educational activities. In brief, like the Crews study yesterday, Seng’s work shows that there is already a plethora of national exceptions and limitations that work at a national level, obviating the need for a new international WIPO treaty in the education sector.

Glenn Rollans, current president of the IPA member the Association of Canadian Publishers, was present at the SCCR meeting representing the Canadian Copyright Institute and made a telling intervention about the language of ‘balance’ that is often used in copyright debates:

‘Thank you for the opportunity to make this written intervention. I represent the Canadian Copyright Institute, which has a mandate to inform Canadians on copyright issues.

I want to briefly address the vocabulary of the SCCR’s discussion of limitations and exceptions. Most participants in the discussion have emphasized their preference for a ‘balanced’ approach to copyright. I have sometimes used this language myself. After all, who can object to balance?

We should note, however, that this language is now commonly used to suggest that the best approach to copyright balances the interests of the creators of copyright-protected works against those of users of copyright-protected works. This is often framed as balancing a private commercial interest with the public interest.

This framing unfortunately welds a positive concept, balance, to a false construct. When you set the interests of copyright creators at one end of the balance beam and the public interest on the other, you presume that the two are opposed and separate, that the interests of copyright creators are presumptively incompatible with the public interest.

I suggest we all try to be more precise. Advocates of cutting back the rights of copyright creators should say this plainly in those terms, or use the term ‘extinguishment’. Advocates of extending the categories of uses for which rightsholders cannot expect compensation should say this plainly with that language, or use the term ‘expropriation’.

I suggest ‘balance’ is an appropriate term only in the context of advocating for the interests of users of copyright-protected works while at the same time genuinely respecting the interests of copyright holders — in other words, looking for ways for both to work together in the public interest.

In his 2016 Charles Clark Memorial Lecture, Australia’s Michael Fraser refers to Article 27 of the Universal Declaration of Human Rights, which states in its two brief paragraphs: 

  1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

  2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

‘These two limbs of the human right,’ Professor Fraser points out, ‘supplement each other and shouldn’t be taken separately. The copyright debate has been fatally miscast by pitting one limb against the other.’

Campaigning for winners and losers does not contribute to ‘balance.’ In a supposed pursuit of the public interest, it neglects the very significant extent to which protecting the rights of copyright holders protects the public interest. When a jurisdiction undermines the interest of its copyright holders, it undermines the many ways — cultural, educational, academic, social and economic — that those copyright holders contribute to the public interest. When it supports copyright holders, it supports broad areas of the public interest along with private interests.

The difficult job of resolving divergent or opposing interests gets easier when you identify the ways in which those interests overlap. It gets harder when you emphasize the separation between them. Let’s do what we can to make the SCCR’s job easier by ending the use of the word ‘balance’ as code for the erosion of protections for copyright creators.’

Rollans nailed it. 

 

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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.’

The next agenda item was an update by Dr Kenneth Crews of his already monumental study on copyright Limitations and Exceptions for Libraries and Archives. Crews’s presentation and the attendant questions from Member States and NGOs occupied the most of the meeting on either side of the lunch break. 

When we returned to the debate on Limitations and Exceptions on Educational and Research Institutions as well as on disabilities, Group B made a succinct statement pointing to the ‘the importance of the exchange between Members States of experiences with limitations and exceptions for educational and research institutions.’ The IPA’s own position supports Group B’s observation that, ‘as the studies presented during the previous SCCR sessions have described, many countries have already established their own exceptions and limitations for educational and research institutions which work well and respect the respective domestic legal systems within the current international legal framework. The work of this Committee should be shaped in a manner reflecting this reality and complementing the well functioning current framework.’ 

The EU group earlier in the day had observed that there was no consensus in the room that would allow a move toward a Treaty text for limitations and exceptions for libraries and archives and Group B agreed that the same situation pertained for educational and research institutions.

For the IPA, the take-away from the Crews study (and indeed other studies) is that a huge number of the Member States have adopted varied exceptions and limitations for libraries, archives, educational and research institutions that fulfil specific national needs. In other words, the current copyright framework is flexible and responsive to local needs and there is no need for a one-size-fits-all international instrument.

As the shadows around the WIPO building deepened we embarked on a presentation by Blake Reid and Caroline Ncube about their scoping study on access to copyright protected works by persons with disabilities. Unlike the Crews study, which referenced all 191 Members States of WIPO, the response to the Reid/Ncube study was disappointing with data from only 20 Member States being available. It is difficult to see how useful conclusions can be made from such a shallow data pool.

The draft Action Plan will be discussed further tomorrow, as will be that other monumental study on copyright limitations and exceptions for educational activities by Daniel Seng.

 

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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.

Tomorrow, on Day Three, things will hot up for publishers with the first of two days centred on exceptions and limitations to copyright for libraries, archives, and education

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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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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.

Surprisingly, and rather disappointingly, only 29 exhibitors were members of the Association of Southeast Asian Nations (ASEAN), a grouping founded 50 years ago by Thailand, Singapore, Philippines, Malaysia, and Indonesia. Today there are 10 ASEAN countries, with a combined population of 600 million of which 40% are under 25 years old. Collectively, ASEAN represents the world’s third largest economy.

ASEAN publishers buy a lot of translation rights but sell very few to Western publishers, a fact that has each country’s publishers association (PA) trying to figure out a solution. Each has a national book fair that it has been trying hard to make into a regional hub that will lure more international publishers.

The ASEAN Book Publishers Association (ABPA), whose two-year presidency is held in turn by each country’s PA, has been operating since 2005, but wants to do more to boost cooperation among its members.

Regional activities along these lines have been plentiful in the past five years. In 2013 Bangkok was designated as the UNESCO World Book Capital, and in early 2015 the Publishers and Booksellers Association of Thailand (PUBAT) hosted the 30th IPA Congress the same year that Indonesian Publishers Association (IKAPI) was the guest of honour at Frankfurt Book Fair. The Singapore Book Publishers Association (SBPA) also partnered with Frankfurt Book Fair to organize conferences in 2015 and 2016. Malaysia’s Kota Buku – Book City, a government-funded agency, has been very active in promoting business and networking among ASEAN publishers.

To my mind, this flurry of activity means that the ASEAN publishing community is ready for strengthened intraregional collaboration, international partnerships and visibility on the world stage.  

What comes next is the new International Children’s Content Rights Fair (ICCRF), a response to the unmet needs of the regional book trade, which is believed to be poised to flourish.

The first ICCRF will be in Chiang Mai, Thailand’s most popular city to visit, on 6–9 December 2017, under the leitmotif of Creativity Beyond the Page. And it’s being organized by some of Thailand’s most experienced publishers and the country’s premier venue management company.

We held a promotional ICCRF reception at the Beijing International Book Fair, which was great fun and drew a good turnout.

Besides the main fair, activities will include two art-related initiatives: the 2017 Bologna Illustrators Exhibition, curated by the Bologna Children’s Book Fair/BolognaFiere; and the ASEAN Illustration Award, which is open to all illustrators of ASEAN nationalities, no matter where in the world they live.

The top prize is US$5,000. As one of the organizers, my hope is that these two activities will both inspire the region’s illustrators and promote their works on the international market. On the technology side, a ‘Maker Party’, organized by Thailand’s largest maker community, the Chiang Mai Maker Club, will bring together students, instructors, entrepreneurs and professionals interested in fusing engineering, art, design, and technology to create innovative products and media.

ICCRF will be the first book-related event to integrate an art exhibition with technology and innovation. And it will be Thailand’s first marketplace for buying and selling creative content rights for print media and technology. The event will promote a network of collaboration between entrepreneurs in print media and technology for the children’s and young-adult book industry, copyright owners, authors and illustrators in the ASEAN region and the rest of the world. It will be a ‘creative marketplace’ that can open doors to Thai and international publishers alike.

We’re very grateful to our ASEAN publisher friends who have given us their unfailing support in making the ICCRF a reality, and we look forward to welcoming you in Chiang Mai in December. 

www.iccrfthailand.com 

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By Jessica Saenger*, edited by Ben Steward. The ‘homocleansing’ of the Russian edition of Victoria Schwab’s Shades of Magic series offers a topical hook on which to hang the publishers’ dilemma about duty to authors and their duty to stay in business.

This month the hit American author tweeted her outrage at learning that her Russian publisher had ‘redacted the entire queer plot w/out permission’. She added: ‘I was absolutely horrified. Wouldn’t have known if not for a Russian reader who read both editions. Publisher in total breach of contract.’

There are two strands to Schwab’s indignation: the redaction – or censorship – and the manner of that redaction. Quite apart from normal contractual requirements, simple courtesy would dictate that any author deserves fair warning of significant plot changes, whatever the reason. If this didn’t happen here, then the publisher may well have infringed the author's moral rights and be in breach of contract. That is for Rosman and Schwab to work out, although unquestionably the writer is entitled to be upset at discovering by chance that her work had been mangled.

That said, Schwab would do well to take a breath and consider where best to direct her wrath.

Explaining itself in the Vedomosti business daily, Rosman admitted it had censored a romantic scene between two characters in the second book of the Shades of Magic trilogy ‘so as not to violate the law banning the propaganda of homosexuality among minors’. In other words, to avoid criminal liability and having the book wrapped in plastic and given an 18 rating in Russia – thereby losing a large chunk of Schwab’s target readership – the publisher did what the law wants and altered the offending scene. It is Russia’s oppressive gay propaganda law that lies at the root of the problem, not the publishers who obey it.

The law imposes fines and up to three years in prison for giving minors access to content in which gay relationships are treated as equivalent to ‘traditional’ relationships. When it passed in 2013, the European Court of Human Rights (ECHR) ruled that Russia had violated the European Convention on Human Rights.

In addition, such laws also present a more insidious threat by passing the censorship buck to businesses, while the authorities can look uncompromising on conservative family values. And this law is well policed: the Kremlin uses it to create and maintain a sanitized mediascape where certain worldviews are illegal and only ‘right-thinking’ citizens have the right to self-expression. As well as being a deterrent to creativity, forcing publishers to do the policing puts an excessive burden of responsibility on them.

But the Shades of Magic case also raises other broader questions around copyright and licensing. It may be that this case is just the tip of a much larger iceberg, where systematic sanitization just goes unreported. If so, we have to ask ourselves where the line should be drawn. What problematic publishing behaviours may actually be justified to avoid a regulatory backlash? Does self-censorship play a part? What realities must publishers consider when negotiating rights deals in restrictive markets?

The questions are manifold, but two things at least are beyond doubt: trust is the basis of the publisher-author covenant, and freedom of expression is the bedrock of this industry. Protecting both of these is paramount.

Publishers and authors need to explore the issue in an open, collaborative way at international level. They should share lobbying strategies to challenge draconian laws and work together for legal environments that enable, not hinder, creativity. And they need to talk about the pressures, best practices, ethics and the realities of operating where freedom to publish is poorly protected without putting businesses or employees at risk.

The IPA is the optimal forum to drive forward this conversation, which will be in focus at our International Publishers Congress, in New Delhi, next February.

*Jessica Saenger is Legal Counsel and Director of European & International Affairs, Börsenverein des Deutschen Buchhandels, and a member of the IPA Freedom to Publish Committee.

 

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By André Myburgh*. Ostensible reassurances about the benefits of the introduction of ‘fair use’ in South African copyright law (Why fears about ‘fair use’ copyright law are unfoundedneed deeper scrutiny.

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I recently had a chance to visit Dhaka to meet the IPA’s member there, the Academic and Creative Publishers Association of Bangladesh (ACPAB).

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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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Whether we like it or not, self-censorship is the new normal in most countries in Asia, from the Middle East to the Far East. But how did this happen?

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This week I was in San José, Costa Rica, for a WIPO workshop on the Marrakesh Treaty (…to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities), and the Accessible Books Consortium (ABC), on 13-15 June. 

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