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This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.


Executive Summary

Agenda item 5: Protection of broadcasting organizations

The critical problem with the The treaty is justified as a piracy treaty. The intent is to protect broadcasters from signal interception. The two most pressing issues involve whether the treaty will focus on “traditional” broadcasting, or also extend to Internet-based “webcasting,” and whether the treaty will enact IP-like exclusive rights, or only require “signal-based” prohibitions of signal theft. In 2006, during the construction of the Development Agenda, the General Assembly took a position on both of these issues and voted to limit the treaty to broadcasting “in the traditional sense” and to follow a “signal-based” approach. The current draft, however, continues to apply on its face to webcasting and follows a rights-based approach.

Agenda items 6 and 7: Limitations and exceptions

At SCCR 44, the African Group presented a Draft Proposal for the Implementation of the Work Program on Exceptions and Limitations (SCCR/44/6). The Implementation proposal includes a specific process for paragraph 4 of the Work Program toward the adoption of an instrument on objectives, principles and options on three priority areas identified by the Committee. The SCCR 44 Chair’s Summary calls for the Secretariat to consult with member states on “a detailed implementation plan for the Work Program on Exceptions and Limitations.” To date, such a plan has not been published on the SCCR 45 website. The Secretary was also called upon to hold an information session on cross border uses of copyrighted materials in education and research.

Proposal for Analysis of Copyright Related to the Digital Environment

GRULAC proposed in SCCR 43 that Copyright Related to the Digital Environment become a standing agenda item (SCCR/43/7). The proposal was discussed in SCCR 44. The proposal focused exclusively on copyright and remuneration for music in the digital environment, with focus on artist remuneration in streaming platforms and for user generated content. Other delegations urged that the proposal be broader, including a proposal by Group B to include copyright and artificial intelligence. GRULAC pledged to propose a work plan for the item in SCCR 45.