As every year, Via Libre participated in the Standing Committee on Copyright and Related Rights organised by the World Intellectual Property Organization (WIPO) as a permanent observer.
The forty-sixth session was held from 7 to 11 April in Geneva, Switzerland, and Beatriz Busaniche participated on behalf of the Via Libre Foundation. The Foundation also participated as a member of the A2K Coalition and the Latin American Civil Society Alliance for Fair Access to Knowledge.
Promoting AI for Good in the Global South
In this edition we organised the side event ‘PROMOTING AI FOR GOOD IN THE GLOBAL SOUTH: Copyright Policies for AI Development in Latin America and Africa’ in conjunction with ReCreate South Africa.
The session presented case studies on copyright issues related to data collection for research purposes in African and Latin American AI projects, in order to promote a decolonising approach to AI development and encourage local research. And, in addition, to demonstrate the advantages of copyright exceptions for computational analysis activities and the need for legal certainty to carry out these activities in the Global South and by local actors.
Summary and highlights shared by the A2K Coalition
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Broadcasting Organizations: Discussions focused on the draft treaty text prepared by the Chair. While some Member States saw readiness for a diplomatic conference, others called for further deliberations. This represented a marked loss of momentum compared to what had been suggested by some. Key issues included national treatment, exceptions, stored program signal protection, wireless transmissions and even definitions. A revised draft will be presented at SCCR/47, but it is welcome that more and more countries have been willing to highlight the need for meaningful exceptions. Coalition members were also pleased that the Committee did not agree to call for a diplomatic conference at this session.
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Limitations and Exceptions (Libraries, Archives, Education, Other Disabilities): These agenda items were discussed jointly. Despite differing views, the committee agreed to build upon the 2012 General Assembly Mandate and the 2023 Work Program. The Chair and Vice-Chair will prepare concrete suggestions for the next session to bridge the divergent positions. The main challenges were around which previous texts should be used as a basis for ongoing work, and on how far to prejudge the final result of any further work. Coalition members were frustrated that discussions again focused on process, with no substantive debates on the issues.
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Copyright in the Digital Environment: GRULAC reiterated its proposal to make this a standing item on the agenda. Member states were divided, but agreed to continue discussing it. A follow-up information session on generative AI will be organized at SCCR/47.
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Public Lending Right: The revised scoping study by Ms. Sabine Richly was presented and considered by some countries as a valuable resource. Following the presentation and comments, it was agreed that this item has been concluded. No further specific follow-up actions were mandated for upcoming sessions. Coalition members were pleased with this outcome.
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Audiovisual Authors: A revised study proposal was discussed. Some supported expanding the scope to include performers; others preferred separate studies. The topic will continue at SCCR/47.
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Theatre Directors’ Rights: Progress updates were shared. Further discussion is scheduled.
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Resale Royalty Right: A revised WIPO toolkit was presented by Professor Ricketson. Regional meetings were proposed. Some supported making this a standing agenda item.
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Copyright Protection of Technical Standards: Canada presented a new proposal. While some welcomed it, others requested more time. The discussion will continue.