1. BLACA - IPI seminar 5 October 2011 50th anniversary of the Rome Convention Bird & Bird

2. Session 1 The Convention’s history and future

3. Progress in the Standing Committee and the road to a Diplomatic Conference 2007-2011 Tom Rivers Rivers Consultancy Tom Rivers Rivers Consultancy

4. Progress in the Standing Committee and the road to a Diplomatic Conference  Credentials  1995 to date  Copyright consultant for the Association of Commercial Television in Europe (ACT) and ACT’s representative at meetings of SCCR  1981 - 1995  BBC Copyright department  Credentials  1995 to date  Copyright consultant for the Association of Commercial Television in Europe (ACT) and ACT’s representative at meetings of SCCR  1981 - 1995  BBC Copyright department

5. Progress in the Standing Committee and the road to a Diplomatic Conference  The Standing Committee  Established in 1999 replacing the ad hoc committees of experts  Initial agenda  Audiovisual performances  Broadcasters  Databases  The failure of the Diplomatic Conference in 2000  Removal of audiovisual performances from the agenda of the SCCR after 2000  Removal of databases from the agenda of the SCCR after November 2005  The Standing Committee  Established in 1999 replacing the ad hoc committees of experts  Initial agenda  Audiovisual performances  Broadcasters  Databases  The failure of the Diplomatic Conference in 2000  Removal of audiovisual performances from the agenda of the SCCR after 2000  Removal of databases from the agenda of the SCCR after November 2005

6. Progress in the Standing Committee and the road to a Diplomatic Conference  The General Assembly’s conditional approach to broadcasting in 2006  Two special meetings of the SCCR to be held in the first half of 2007  The aim to “agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised draft basic proposal … If no such agreement is achieved, all further discussions will be based on document SCCR15/2  Failure of the 2007 Special Sessions to agree on a revised draft basic proposal  Restoration of audiovisual performances to the SCCR’s agenda in March 2008 (SCCR 16)  The General Assembly’s conditional approach to broadcasting in 2006  Two special meetings of the SCCR to be held in the first half of 2007  The aim to “agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised draft basic proposal … If no such agreement is achieved, all further discussions will be based on document SCCR15/2  Failure of the 2007 Special Sessions to agree on a revised draft basic proposal  Restoration of audiovisual performances to the SCCR’s agenda in March 2008 (SCCR 16)

7. Progress in the Standing Committee and the road to a Diplomatic Conference  The changing character of WIPO  The development agenda  New issues for the SCCR  Exceptions and limitations  Proposals for access to print for the visually impaired  The election of a new Director General in October 2008  The changing character of WIPO  The development agenda  New issues for the SCCR  Exceptions and limitations  Proposals for access to print for the visually impaired  The election of a new Director General in October 2008

8. Progress in the Standing Committee and the road to a Diplomatic Conference  The Standing Committee - SCCR 21 and 22  The agenda in the current biennium  Audiovisual performances  Broadcasters  Exceptions and limitations for the visually impaired  Exceptions and limitations for the visually impaired and for educational and research institutions, libraries and archives  The Standing Committee - SCCR 21 and 22  The agenda in the current biennium  Audiovisual performances  Broadcasters  Exceptions and limitations for the visually impaired  Exceptions and limitations for the visually impaired and for educational and research institutions, libraries and archives

9. Progress in the Standing Committee and the road to a Diplomatic Conference  The conclusions of SCCR 21  Broadcasting  …(3) The Committee reaffirmed its commitment to continue work, on a signal- based approach, towards developing an international treaty to update the protection of broadcasting and cablecasting organisations in the traditional sense …  …(4) Members of the Committee are invited to present new proposals … to form the basis of a new draft treaty  …(5) The Secretariat was requested to organize … an informal consultation meeting of Members … The Secretariat will prepare a list of issues … The consultation meeting will report its suggestions to the Committee…  The conclusions of SCCR 21  Broadcasting  …(3) The Committee reaffirmed its commitment to continue work, on a signal- based approach, towards developing an international treaty to update the protection of broadcasting and cablecasting organisations in the traditional sense …  …(4) Members of the Committee are invited to present new proposals … to form the basis of a new draft treaty  …(5) The Secretariat was requested to organize … an informal consultation meeting of Members … The Secretariat will prepare a list of issues … The consultation meeting will report its suggestions to the Committee…

10. Progress in the Standing Committee and the road to a Diplomatic Conference  The conclusions of SCCR 21 (continued)  Audiovisual performances  …(4) The Committee considered that the 19 articles provisionally agreed in 2000 were a good basis for advancing the negotiations on the treaty  (5) The Committee noted with appreciation the comments on the draft legal text … submitted by India … and Mexico …  …(7) The Secretariat was invited to organize in Geneva open-ended consultations … to examine the new proposals, with a view to making recommendations to the next session of the Committee. These recommendations should include a timetable for concluding the negotiations.  The conclusions of SCCR 21 (continued)  Audiovisual performances  …(4) The Committee considered that the 19 articles provisionally agreed in 2000 were a good basis for advancing the negotiations on the treaty  (5) The Committee noted with appreciation the comments on the draft legal text … submitted by India … and Mexico …  …(7) The Secretariat was invited to organize in Geneva open-ended consultations … to examine the new proposals, with a view to making recommendations to the next session of the Committee. These recommendations should include a timetable for concluding the negotiations.

11. Progress in the Standing Committee and the road to a Diplomatic Conference  The conclusions of SCCR 21 (continued)  Exceptions and limitations  …the SCCR agrees to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms) …  …The SCCR agrees to the following work program on exceptions and limitations for the two-year period 2011-2012  The conclusions of SCCR 21 (continued)  Exceptions and limitations  …the SCCR agrees to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms) …  …The SCCR agrees to the following work program on exceptions and limitations for the two-year period 2011-2012

12. Progress in the Standing Committee and the road to a Diplomatic Conference  Outcome of informal consultations April 2011 on the protection of broadcasting  the Chair (Ms Grazioli, Switzerland) will prepare a non-paper for SCCR/22 setting out possible elements for a draft treaty, taking into account SCCR 15/2 … and inputs provided by the technical experts participating in the informal consultation meeting, on the basis of the 2007 GA mandate (objectives, specific scope and object of protection) but aiming for a technology-neutral approach.  Outcome of informal consultations April 2011 on the protection of broadcasting  the Chair (Ms Grazioli, Switzerland) will prepare a non-paper for SCCR/22 setting out possible elements for a draft treaty, taking into account SCCR 15/2 … and inputs provided by the technical experts participating in the informal consultation meeting, on the basis of the 2007 GA mandate (objectives, specific scope and object of protection) but aiming for a technology-neutral approach.

13. Progress in the Standing Committee and the road to a Diplomatic Conference  Conclusions of SCCR 22 - June 2011  Limitations and Exceptions: Persons with print and other reading disabilities  The Committee took note of …the comparative List of Proposals Related to Copyright Limitations and Exceptions for the Visually Impaired Persons and Other Persons with Print Disabilities, prepared by the Secretariat and the Draft WIPO Treaty on Exceptions and Limitations for the Persons with Disabilities, Educational and Research Institutions, Libraries and Archives … by the African Group which revised … document SCCR/20/11.  … the Committee asked the Chair to prepare a Chair’s text for an international instrument on limitations and exceptions for persons with print disabilities…  Conclusions of SCCR 22 - June 2011  Limitations and Exceptions: Persons with print and other reading disabilities  The Committee took note of …the comparative List of Proposals Related to Copyright Limitations and Exceptions for the Visually Impaired Persons and Other Persons with Print Disabilities, prepared by the Secretariat and the Draft WIPO Treaty on Exceptions and Limitations for the Persons with Disabilities, Educational and Research Institutions, Libraries and Archives … by the African Group which revised … document SCCR/20/11.  … the Committee asked the Chair to prepare a Chair’s text for an international instrument on limitations and exceptions for persons with print disabilities…

14. Progress in the Standing Committee and the road to a Diplomatic Conference  Conclusions of SCCR 22 - June 2011 (cont)  Audiovisual performances  …9. The Committee thanked the Secretariat for organizing Open-ended Consultations on the Protection of Audiovisual Performances …  10. The Committee agreed that the Member States should recommend to the General Assembly that the General Assembly resume the suspended 2000 Diplomatic Conference with the understanding that the Treaty text should be finalized as: (a) the 19 Articles provisionally adopted, including the existing Agreed Statements; (b) the new Article 12 agreed to by consensus at session SCCR/22; and (c) three additional Agreed Statements to be drafted in relation to Articles 1, 2, and 15 to address specific concerns raised by Member States…  Conclusions of SCCR 22 - June 2011 (cont)  Audiovisual performances  …9. The Committee thanked the Secretariat for organizing Open-ended Consultations on the Protection of Audiovisual Performances …  10. The Committee agreed that the Member States should recommend to the General Assembly that the General Assembly resume the suspended 2000 Diplomatic Conference with the understanding that the Treaty text should be finalized as: (a) the 19 Articles provisionally adopted, including the existing Agreed Statements; (b) the new Article 12 agreed to by consensus at session SCCR/22; and (c) three additional Agreed Statements to be drafted in relation to Articles 1, 2, and 15 to address specific concerns raised by Member States…

15. Progress in the Standing Committee and the road to a Diplomatic Conference  Conclusions of SCCR 22 - June 2011 (cont)  Protection of broadcasting organisations  The Committee thanked the Secretariat organizing the informal consultations … and thanked its Chair Ms. Alexandra Grazioli…, for presenting the report of this meeting…The Committee took note of the new draft treaty proposals presented by…South Africa, Canada and Japan...  The Committee also took note of the Conclusions of the Regional Broadcasting Signal Piracy Seminar for African countries  The Committee reaffirmed its commitment to continue work, on a signal based approach …  Chairman’s work plan:  A two-day informal consultation on the protection of broadcasting organizations and cablecasting organizations will take place in connection with session SCCR/23. The exact dates will be determined by the WIPO Secretariat. The outcome of the consultation shall be reported to session SCCR/23. The modalities for further work will be agreed during session SCCR/23.  The aim of this consultation will be to progress the work on a draft treaty with a view to making a recommendation to the 2012 WIPO General Assembly on the possible scheduling of a Diplomatic Conference.  Conclusions of SCCR 22 - June 2011 (cont)  Protection of broadcasting organisations  The Committee thanked the Secretariat organizing the informal consultations … and thanked its Chair Ms. Alexandra Grazioli…, for presenting the report of this meeting…The Committee took note of the new draft treaty proposals presented by…South Africa, Canada and Japan...  The Committee also took note of the Conclusions of the Regional Broadcasting Signal Piracy Seminar for African countries  The Committee reaffirmed its commitment to continue work, on a signal based approach …  Chairman’s work plan:  A two-day informal consultation on the protection of broadcasting organizations and cablecasting organizations will take place in connection with session SCCR/23. The exact dates will be determined by the WIPO Secretariat. The outcome of the consultation shall be reported to session SCCR/23. The modalities for further work will be agreed during session SCCR/23.  The aim of this consultation will be to progress the work on a draft treaty with a view to making a recommendation to the 2012 WIPO General Assembly on the possible scheduling of a Diplomatic Conference.

16. Progress in the Standing Committee and the road to a Diplomatic Conference  WIPO General Assembly September 26 - October 5  Audiovisual performers  Approval of the re-convening of the Diplomatic Conference of December 2000 in line with the recommendations of the SCCR  Diplomatic Conference in Geneva in June/July 2012 unless agreed to be held elsewhere  Broadcasting organisations  Informal consultations during SCCR 23 (November 2011)  Implied approval of SCCR’s chairman’s work plan which gives the General Asembly in 2012 the possibility to schedule a Diplomatic Conference  WIPO General Assembly September 26 - October 5  Audiovisual performers  Approval of the re-convening of the Diplomatic Conference of December 2000 in line with the recommendations of the SCCR  Diplomatic Conference in Geneva in June/July 2012 unless agreed to be held elsewhere  Broadcasting organisations  Informal consultations during SCCR 23 (November 2011)  Implied approval of SCCR’s chairman’s work plan which gives the General Asembly in 2012 the possibility to schedule a Diplomatic Conference

17. Progress in the Standing Committee and the road to a Diplomatic Conference  Is WIPO fit for purpose?  Multilateral norm-setting is at best problematic and immensely time-consuming  The Standing Committee is an inefficient forum for negotiation and technical discusssion  Experience over the last 15 years suggests strongly that absent the enthusiastic participation of the United States - which implies that its national interest is engaged - little progress can be made  If the Audiovisual Diplomatic Conference is successful it will give an impetus to future work in the SCCR. The converse is also true.  Is WIPO fit for purpose?  Multilateral norm-setting is at best problematic and immensely time-consuming  The Standing Committee is an inefficient forum for negotiation and technical discusssion  Experience over the last 15 years suggests strongly that absent the enthusiastic participation of the United States - which implies that its national interest is engaged - little progress can be made  If the Audiovisual Diplomatic Conference is successful it will give an impetus to future work in the SCCR. The converse is also true.