Lessons Learned: International Perspective on Copyright Issues

Copyright: An International Perspective by Dr. Jean Dryden

WIPO looks at copyright exceptions for the benefits of all through public access to libraries, and archives. These provisions are often in place because of international obligations, and individual countries (laws) may not be able to change provisions because of these obligations.

Considerations:

A national regime is the law that applies in the country where the work is accessed regardless of where the creator is from, offering reciprocal protection.
Common minimum standards of copyright protection (Berne) country can provide more, but not less.
Trade agreements have enforcement mechanisms. IP is increasingly incorporated into trade agreements
Indigenous knowledge - treaties on international protection for IP, genetic resources (plants, traditional medicines [pharmaceutical companies have a keen interest here]), traditional knowledge (know-how, skills, and practices that are developed, sustained and passed on from generation to generation within a community) and folklore which has been renamed traditional cultural expressions (music, dance, art, design, names, handicrafts, etc.)

Current agenda:

Protection of broadcasting organizations
Limitations and exceptions for libraries, and archives; for educational and research institutions; for persons with other disabilities (other than visual impairment)

Berne Convention limited provisions for exceptions through the 3-step test

Exceptions and Limitations are:

Education and research institutions
Libraries, archives and museums
Visually impaired persons - Marrakesh Treaty (2013)
Persons with other disabilities

Goal: A binding international treaty that will set out minimum copyright exceptions and limitations required by libraries, archives, museums for the benefit of the public (in the public interest).