The chamber reconvened for the fifth and final day of SCCR 45, returning to Copyright in the Digital Environment, with discussions resuming on the Work Plan on Copyright and Digital Environment (document SCCR/45/4), submitted by Group of Latin American and Caribbean Countries (GRULAC). Reflections were also shared on yesterday’s Information Session on the Opportunities and Challenges Raised by Generative AI as it Relates to Copyright.
Most member states welcomed yesterday’s session, thanking the Secretariat and the participants for their work and insights on AI and copyright. Many states also shared their own work on AI, including the development of safeguards to allow lawful access to copyrighted works for training data and ongoing national studies on the impact of generative AI in the creative industries.
Group B’s proposition for another information session on AI and copyright was met with support, with most agreeing on the need for continued discussions and information sharing on this significant and evolving issue.
Observers were then given the floor to share their thoughts on this work plan, similarly divided as member states.
IPA President Karine Pansa’s intervention affirmed to the Committee once more the importance of authors and publishers being fairly remunerated for the use of their works, stating: “The IPA would like to thank the secretariat for organising the information session as a first opportunity for the members of this Committee to appreciate the scale of the potential impact of Artificial Intelligence on the creative sectors. We welcome the points that have been raised underlining that Generative AI companies depend on creative works of authorship to fuel and train their tools and products. Publishers have always embraced technology and technology partners. They are early adopters and believe fundamentally that human expression and technological innovation are symbiotic. We also heard how basic copyright principles align with broader ethical considerations for society. Such principles will facilitate transparency as to which works have been used to train AI models; they will reduce misinformation, and most importantly, ensure that the world will continue to have adequately remunerated authors, publishers, and a thriving creative community. Finally it was clear that licensing is simple in the digital age with flexible, efficient, and continuously evolving licensing models available.”
GRULAC’s work plan met a divided response, with some member states emphasizing that norm-setting in this area would be premature, while others welcomed the proposal.
The next item on the agenda was on Public Lending Right, focused on the Proposal for a Study Focused on Public Lending Right in the Agenda and Future Work of the Standing Committee on Copyright and Related Rights (document SCCR/40/3/Rev. 2); At SCCR/43, this proposal was initially made by Sierra Leone, Malawi, and Panama and was adopted by the Committee.
The Chair invited the author Ms. Sabine Richly to present the Scoping Study on Public Lending Right (document SCCR/45/7). The study assessed global PLR systems’ frameworks, practices, and challenges, and identified 35 active PLR systems in 29 countries, mainly in Europe, the EEA, Canada, Australia, and Africa. It categorized PLR systems by institutions, materials, and creator eligibility, highlighting three main legal approaches to PLR. The study emphasized the adaptability of PLR systems to local contexts and the importance of international collaboration for their development.
States broadly welcomed the study. Some raised the study’s focus on developed countries, its lack of in-depth exploration of challenges faced by developing countries, and the need for further analysis on issues of exhaustion of rights and e-book lending. Others disapproved the pursuit of normative work in PLR and emphasized sharing national experiences instead.
The WIPO secretariat underlined the thoroughness of the study and explained the process for feedback from member states.
The chamber returned from lunch to discuss the Proposal for a Study on the Rights of Audiovisual Authors and their Remuneration for the Exploitation of their Works (document SCCR/44/7), submitted by Cote d’Ivoire at SCCR 44.
Côte d’Ivoire proposed an in-depth study for audiovisual authors, emphasizing variations in legal status across countries and the challenges posed by AI. This proposal received broad support from most members, including the African Group, Group B, the European Union, and others, with some suggesting an extension to include audiovisual performers. Observer bodies also expressed similar support to member states.
The United States expressed concerns about the clarity of the term “remuneration” and requested the opportunity to work bilaterally with Cote d’Ivoire in order to address these concerns, which Cote d’Ivoire accepted. The chamber welcomed the progress and moved on to Resale Royalty Right, with the introduction of the WIPO Toolkit on Artist’s Resale Right – Part 2 (document SCCR/45/INF/2).
The Secretariat reported on progress made on the Resale Right toolkit and suggested establishing a timeline for comments. The European Union, Senegal, and the Congo expressed strong support for the international expansion of the Artist’s Resale Right. Others voiced their reservations, with some emphasizing the need for flexibility in implementing resale rights.
The Secretariat presented their continued work on the Rights of Theatre Directors, returning to the Study on the Rights of Stage Directors of Theatrical Productions (document SCCR/41/5), and relayed that a document summarizing their progress on the work would be prepared for a future SCCR.
The Chair announced a coordinators meeting for 18:15. Observers with evening flights drifted out. The screen announced plenary would resume at 19:30, then 20:00 and then 20:15 before being replaced by a message saying that plenary would reconvene at a time to be announced.
Finally at 22:50, the chair and WIPO secretariat returned to the plenary to read the chair’s summary. Of note:
On Broadcasting:
- the Chair will draft a new version of the text in order to allow the Committee to discuss the text and further consider during the SCCR/46 whether to recommend, or not, that the General Assembly convene a diplomatic conference.
On Exceptions and Limitations:
1. An informal working document entitled the Existing Document, encompassing document SCCR/45/6 and its Annex containing all comments received by the Secretariat on that document, and adding additional text on the revised proposal provided by the African Group based on document SCCR/44/6 will be titled Draft Implementation Plan on the Work Program on Limitations and Exceptions and will be posted as SCCR/45/10 PROV.
2. With a view to advancing the Work Program on Limitations and Exceptions adopted at SCCR/43 (document SCCR/43/8 REV.), Member States are invited to send comments to copyright.mail@wipo.int by October 15, 2024, so the Secretariat can conduct a series of consultations (meetings, email, etc.) with Group Coordinators and interested Member States, in order to post a draft implementation plan no later than two months before the first day of SCCR/46, for its discussion at SCCR/46.
3. Document SCCR/44/5 titled Updated Version of the document “Objectives and Principles for exceptions and limitations for libraries and archives” (SCCR/26/8) will be discussed at SCCR/46.
Public Lending Right Scoping Study:
1. Delegations are requested to send their written comments on the study to copyright.mail@wipo.int by October 15, 2024, so that a revised version of the study can be prepared and posted no later than two months before the first day of SCCR/46.
Audiovisual Authors Remuneration
1. The proposal will be further discussed at the next committee meeting.
Resale Royalty Right
1. Delegations were asked to send their comments on Part 2 of the WIPO Toolkit on Artist’s Resale Right (document SCCR/45/INF/2), to copyright.mail@wipo.int by October 15, 2024, so that a revised version of the toolkit can be prepared taking their views into account, for consideration at the next session of the SCCR.
The summary also reflected the desire of some Member States to resume a rhythm of two SCCR’s per year in 2025 and for the next session to split the time equally between the different agenda items.
Adriana Moscoso thanked the Member States, the WIPO secretariat, the interpreters and the conference services staff.
In her closing remarks Deputy Director General Forbin recognised that this was not the most satisfactory SCCR that she had attended but she expressed her belief that the outcomes of this meeting would enable future meetings to be productive.
Moscoso delivered her final thanks and brought the meeting to a close at 23:18.
Good Night SCCR.