below, transcript of part of the afternoon discussions in Geneva on exceptions and limitations for education.<div><br></div><div>OER and Open Access are mentioned.</div><div><br></div><div>you can follow the daily transcript at </div>
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<div>Carol<br><div><br></div><div><br><br><div class="gmail_quote"><br><br><br><div><span style="font-family:Times;font-size:medium">some proposals from Equador that still requires explanation. I invite Equador.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> ECUADOR: Thank you, Chairman. Yes, Equador would like to reach agreement on our original clusters as we did during the GRULAC meeting. Now, on two specific points I would like to give the floor to my colleague to explain this.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> Thank you, Chairman. I shall refer to the clusters which are on page 6 which have not been included in the joint statement by GRULAC. The first of them is cluster 6, which refers to making available on an interactive basis a communication to the general public as referred to in the WCT and the WPPT of WIPO. This we consider is a theme that deals, should be dealt with separately because of its implications for the digital environment. The other cluster which has not been included in the GRULAC consolidation is cluster number 9 which is on page 7 of the document, which is distance learning. That, too, we consider to be a form of use of works for educational purposes which it may be considered has its own identity because it's very easy to detect the transporter component there, which is something which we might not find in other uses that have been included in the joint GRULAC proposal.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Finally, this cluster number 10 on the same page, which refers to the exceptions that are needed for special education for persons with disabilities. So these are the clusters that -- that have not been included in the GRULAC proposal. And we are in the hands of the meeting. If you have any questions to ask or if you would like us to develop these in any more detail. For reasons of time, I'll stop there and leave it up to you. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Could you address cluster 1? Because I don't think that has been captured. Cluster 1 under your proposal. I don't think it's part of the GRULAC consolidation.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> ECUADOR: Thank you, Chairman. Yes, this is the most important cluster, cluster 1. That was one I didn't touch on. It relates to obligations of a general nature because they refer to undertakings taken by members of this Committee to update their laws from the point of view, from a systemic point of view.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The other clusters may be considered ways in which states meet those obligations because cluster number 1 does not refer to specific exceptions or specific uses that should be exceptions. It merely refers to a situation where states reach general agreement on exceptions and we could start discussing this once we've explained proposal number 1 from the joint Equador, Peru and Uruguayan proposal.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. India?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> INDIA: Thank you, Mr.Ment. Since I just joined the discussions right now, I would like to congratulate you on your election as the president and Chairman of the SCCR, Twenty-Fourth Session SCCR. Accept is very important. The act also covered a few aspects of the education exceptions. I have just gone through the clusters right now within 15 minutes of time. I would like to make my initial comments. The Indian Delegation would like to support the statement by the Distinguished Delegate from Equador. The cluster should include make can available and communication public and also transmission because these are very important, especially in the distant learning, the educational content and material is transmitted and made available in a secure network where the right owners' interests are pro teblghted. If these aspects are not included we are not addressing the future technological issues in imparting education. We should include the terms just</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">like communication to the public, making available and transmission so that it addresses the modern technological practices adopted in distant distance learning education.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Second item, Mr. Chairman, is the topic of research. The member countries have included very important aspects in cluster 3, use for pedagogical and teaching purposes. But one cluster should exclusively cover the research purposes. So research should be a separate cluster. It should be included as a separate cluster. And I would like to take you back to a few important definitions, Mr. Chairman, since I'm a late-comer. The definition database. Database, Mr. Chairman, should be original database, not the non-original database. So the term "original" should be exclusively mentioned because there is some economic interest or investment based on the investment and economic interest one cannot get copyright. Copyright is expression of original ideas in a material form. So the database also gets copyright protection if it is original. So the term" original" has to be expressly mentioned there.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Number two, second important definition, Mr. Chairman, the term "work." it says work means literally an artistic protected by copyright and includes any literary and artistic work in which copyright -- has expired. It is a very narrow definition, Mr. Chairman. Now, education has become interactive education, eastbound in the institutions of higher learning and universities. This will not address the freedom of creativity of teachers, especially not only in the higher education institutions; even in the primary schools. So the definition of the work has to be changed. It should be any work or any copyrighted work. So it will include not only the literary, artistic cinema graphic and sound recording and other multimedia works. Both analog and digital works. It should be very exhaustive. Otherwise in the technological era, the universities and teachers will be dealing with only copyrighted content. These are my initial comments, Mr. Chairman. Thank you. I'll</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">come back later.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Before I give the floor to Nigeria, I want to turn to Brazil. There is one cluster that was not part of the consolidation that you need to address. And this is cluster number 5. Because the consolidated cluster has been dealt with by the GRULAC coordinator. But cluster 5 under your proposal, if you could just address that and explain to the members.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Sorry, clusters 4 and 5 in your proposal.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> BRAZIL: Thank you, Mr. Chairman. Can I have five minutes just before -- I just arrived from another meeting. I can organise my notes and come back to the Plenary. Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. I will give the floor to Nigeria. The clusters proposed by Nigeria are on page 7. Nigeria, you have the floor. Nigeria speaker thank you, Mr. Chairman and since I'm also a recent addition to this meeting, let me congratulate you on your election as the Chair. As someone who has just joined the session, I have a general question and then I will speak to the proposals from Nigeria. As I look through the document, I am noting quite a bit of redundancy in some of these proposals. My understanding of the word "cluster" is a grouping of items that are linked together by some theme. I'm wondering if some of the things that we are referring to as clusters are in fact not requests for specific provisions identifying or dealing with that item.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So, Mr. Chair, I would like to probably as an organisational suggestion hope that we can more coherently perhaps put some of these clusters together and identify what I think are really just about four or five different kinds of exceptions and limitations in this regard. One would be a cluster along institutional lines who would be rightfully able to use the limitations and exceptions. The second would be the kinds of uses that would be allowed. The third would be distance education which would deal with transmission, databases, DPMs, et cetera. And the fourth would be research. It seems to me as I've looked through this document that virtually all of the proposals for clusters fall under one or all of these four general themes and it may be helpful in the process to try to coordinate around real clusters rather than individual provisions.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Mr. Chairman, that's just a suggestion so that we can shorten the document and be a bit more focused on the kinds of text that might be appropriate to address the different concerns that have been raised by various countries. I will proceed to talk about the proposal from Nigeria and in the interests of time and efficiency I will consolidate these under two of the cluster headings that I have indicated. Specific exceptions for science. This is a proposal to have an out right exception for scientific research, for scientists to be able to access databases for the results of scientific research, whether publicly funded or in journal documents to be easily available within the educational and research context. Related to that, of course, is what is identified as cluster 7, which is personal use rights for study and research. This would include personal use both for researchers and teachers themselves, but also for students within educational institutions.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">In the process of the educating function, particularly in traditional classrooms, the rights to facilitate teaching, scholarship, or research I would, with your permission, simply state that that should not be in any cluster per se. That is, in fact, the purpose of this exercise is to identify a scope of rights to facilitate each of these activities. With regard to cluster number 9, protection for incidental inclusion of a work or a subject of related rights in educational materials, this really goes, of course, to the capacity and ability of both teachers and students in the process of either in class or distance learning preparations when copyrighted works or works subject to related rights are captured, particularly in digital form as part of a teaching research or study exercise. We want to be ensure that those sorts of incidental inclusions are not the subject of a violation. This is particularly important in the context, of course, of countries that do not have the fair</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">use doctrine which would normally excuse such incidental inclusion in any regard.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">Finally, of course, the reproduction of works under cluster 11 there, the reproduction of works including broadcasts. This is really to echo what my colleague from India has mentioned. This is really about transmission and the capacity to be able to transmit digital works and content for distance education, but also for in-class use. I think that these are important rights. Again, let me specify from the Delegation of Nigeria that these are not clusters per se. They are aspects of one of the four or five clusters that I've suggested, but they speak to particular rights that Nigeria would like to see attended to during this discussion. I will limit my comments to that for now. Thank you, Mr. Chair.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Nigeria, for those very useful suggestions on how to re-organise these clusters. UI?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> EUROPEAN UNION: Thank you, Mr. Chair. And as this is the first time I take the floor in this SCCR, let me start by congratulating you for your election and wishing you all the best luck.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I will also like to thank the Delegation of Peru on behalf of GRULAC and the Delegation of Equador and now the Delegation of Nigeria for their useful explanations.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">If I may start by saying that the the European and its Member States willfully concur with the remarks by Nigeria that maybe there is a certain degree of confusion because we are using the term clusters, which is normally things that belong together and that you want to separate from other things that belong together in a very loose manner. Sometimes we have here clusters that overlap or talk about the same from different angles, which is going to complicate somehow our discussions going forward. So in that respect I think maybe a further effort to try to rationalize how to, even if it is just starting to organise our discussion, it will be very, very welcome. Otherwise you might be subject to us having to repeat the same again and again, depending on how we are going to look into it.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">But trying to get further clarity and within the first group that you have identified which is the title specific education and research limitations and exceptions and starting by the explanations by GRULAC, we understand, I think, it's useful to try to regroup together some of the clusters as it has been done, the use of works for pedestrian gunnel cal and teaching purpose is a very large title in any event. But then the ones referring to distribution of protected works or fragments of protected works in classrooms, performance for educational purposes or reproduction for educational purposes. They all seem to relate, the first one being a very general basket. The others seem to relate to different rights that may be affected by a limitation or exception for the benefit of teaching and maybe research.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">There is one, however, which originally is on the point number 12, cluster 7, which reads translations, transformations and adaptations. We welcome further guidance from GRULAC. I understand it's Equador that originally proposed it and it then has been incorporated in the GRULAC proposal. We woe welcome to have further clarification as to what specifically it is here referred to, in particular when one talks about transformations and adaptations for the purposes of teaching or research.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And then on some other of the issues in the proposal by Equador which have not been incorporated in the GRULAC proposal, we would also welcome further clarification from Equador, in particular as regards to cluster 6 under now point 11 that refers to availability on an interactive basis and communication to the general public for education purposes. Normally when we are talking about limitations to rights for the purposes of teaching or education, one normally tends to try to identify the institution or the particular use of the particular user or beneficiary. This seems to be very large when referring to the general public. Therefore, we will as well welcome some further clarification as regards that point.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And again on the theme of trying to have a third, and not to mix what might be areas of this discussion with what might be general wishes, it is for us not very clear the purpose of cluster one under the proposal from Equador and point 9 that refers to proposals to update -- of a general nature. This will warrant further clarification, maybe rather than an objective and not a cluster of discussion. Again on this point and before we get into the discussion of the substance which we are ready to do, it will be useful to get further clarification.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, EU. India?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> INDIA: Thank you, Mr. President. I would like to add one more item to the cluster 7, the earlier cluster that is part of the quotations. It should be quotations and citations. It should cover the citations also apart from the quotations.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The Indian Delegation would like to appreciate the important issue focused by the distinguished Nigerian Delegation, especially on 18, that is cluster 7. That is the personal use rights for study. The private and personal use and private study, the individuals is very important because once we are covering the exceptions for the teaching purposes and pedagogical purposes, the one student goes back from the classroom, he will concentrate on studies. So whatever copyrighted material he is using and Delegation for focusing on these aspects. One more thing, covering the issues which already the Nigerian Delegate has focused, the publicly funded material through open access or open educational resources. These are the issues to be covered under the separate cluster, including scholarly and academic publishing materials. This is very, very important, Mr. President, in this situation because a lot of informational material, course material is prepared by most of the universities and including the schools not only in the developing countries, but including the developing countries. This is also the Commonwealth is also discussing issues like open access issues and the scholarly publication, academic publication issues hag to be covered in a separate cluster. And one thing I would like to take back you to the definition again, Mr. President, the last issue I forgot to cover in my earlier remarks. That is pertaining to the beneficiaries. </span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">In the second paragraph, -- in the first paragraph itself where education and research institutions are covered, here it should be not only the public, the government, educational institutions like universities, even the private universities and research institutions being run for noncommercial purposes. That should be corrected and, so push and private institution. Nonprofit organises and institutions should be covered there. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Nigeria?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Nigeria: Mr. Chair, with your indulgence I want to clarify the Nigerian proposal is an enhancement of the African Group proposal. With appreciation to my colleague from India, there will be an updated and perhaps more useful section on definitions available from the African Group. Thank you, sir.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Equador and then Brazil.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> ECUADOR: Thank you, Chairman. On behalf of the Delegation, we would like to thank questions and comments formulated as to our proposal about clusters, particularly the European Union. I would like to refer to an explanation which will provide a reply to that Distinguished Delegation. At the outset we would like to express that as far as our Delegation is concerned, the concept of clusters and the cluster heading is that it's just a heading with respect to, as we understand, will add specific text of proposals. In other words, when we propose a specific title or heading for a cluster we are not saying this is the exception, but rather we are saying this is the heading under which we are going to include exceptions which are specific within this particular heading which we've called would be thing or another. So that's the first consideration. Then, now, as to cluster 7, translations, transformations and adaptations, we understand that this will be following the</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">analogy of a heading, a rubric where we are going to include specific proposals of exceptions for educational purposes that have to do with a work is being in one language, will be translated into another language in order to facilitate the educational process. The most obvious would be, for example, a work in English which will be translated into Spanish. Now, under certain conditions which will be clarified by the proposal, by the country which wants to include it in a listing for complete discussion. So this will be a case which we hope will be covered by cluster 7.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Now, transformations. This would be a situation in which the work, a change will be made to the work in order to make it more understandable or apt for educational purposes. An extensive work, for example, which will be summarized so that it can be used for education for children in basic education. There's a transformation there with certain conditions which we proposed for this specific exception being proposed. Then adaptation, very simply we are thinking about situations, for example, a poem in which the professor in class proposes a small representation of the poem and it changes from a literary genre which work which will be used in the classroom. So this is, these are exceptions which we could include under this cluster that is translations, transformations and adaptations.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Then as to cluster 6, which is availability on an interactive basis and communication to the general public for educational purposes, we realize that there is an ambiguity which is generated by translation because in fact what we proposed in Spanish was more referring -- this is in Spanish, to availability on an interactive basis and communication to the public. In other words, this is where we will find exceptions. Communication to the public and availability for an interactive basis. Basically it refers to for educational purposes. It's not to the general public.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Public communication in general -- once again, we assume that these are not exceptions. These are the subheadings which are going to include the exceptions and which are going to have their own conditions, obviously each time specified.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And then as to one that is obligations, this is a subheading which was done partly, obligations and proposals to update exceptions of a general nature to the Peru, Uruguay and Equador, in which we are establishing and obligation which is of a general nature, a program or policy objective by which countries assume, take on the obligations to update their exceptions.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I don't want to refer to this in more detail because this cluster 1, the Delegation of Peru, the Distinguished Delegation is going to explain cluster 1 in more detail and what we are hoping to achieve with this. Thank you very much, Mr. Are Chairman. I hope we have been able to clarify the questions which were asked of us. Thank you.</span></div>
<div><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Equador. Brazil?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> BRAZIL: Thank you, Mr. Chairman. Regarding the clusters that were proposed by Brazil, cluster 3, 4, and 5, werk confirm that cluster 3, this was merged with other clusters proposed by GRULAC members and the text that was read by our GRULAC coordinator.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Regarding cluster 4, reproductions of class -- and cluster 5, quotations, we consider these are two important issues that should be addressed by this new instrument. We have coordinated accordingly some new language regarding these clusters. We think under these circumstances, conference in quotations should not institute a violation of copyright. On reproduction of lack in conference, just a brief explanation of what we intend with it. We think this cluster is in benefit of students. They should be allowed to take notes of classes, lectures in conference. So this gives legal certainty for them to perform this note-taking. And we have provided language for this issue accordingly.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">On the cluster number 5 on quotations, it is worth mentioning that there is already a provision in this same spirit in the Bern Convention but we think it needs to be addressed in this new instrument as well especially in view of the new digital environment. So nowadays we forgot to the digital world to quote also means to reproduce con tint tent which may sometimes be protected under technological protection measures. So the idea is that the student or the researcher or the teacher able to make quotations from these works without infringesment, without this being seen as infringement or violation of copyright for the purpose of stewed di, criticism or debate. I thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Brazil. I gift to the U.S. to be followed by Nigeria.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> UNITED STATES: Thank you, Mr. Chairman. For the United States, it has been very helpful to listen to the discussion. We appreciate the distinguished, the compensates from our distinguished comments of Equador, Brazil, Brazil, the European Union and others. We concur with the sentiment in the room that the word "clusters" has perhaps led us astray in some of our thinking. Perhaps what we really intended was topics. And because we recognized that some topics may be in groups, somehow the word clusters came upon us. But we think we can definitely find an appropriate concept to use for what we are really trying to capture here. That is the topics or families of p topic that we believe should be addressed in the legal framework on which we are working.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The United States would like to address a couple questions based on the comments we have heard from our colleagues. One is to follow up on the European Union's exchange with Equador concerning topic number 11, which is cluster 6, the availability on an interactive basis and communication to the general public for education purposes. And we certainly accept the explanation of the Distinguished Delegate of Equador that that was perhaps an imprecise translation from the Spanish.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As we listened to the explanation, we would appreciate a clarification on what the difference is between the Equadorian cluster 6 and the concept of distance learning which is cluster 9. We would like to understand the specific difference that they understand to be what would fall under cluster 6 and cluster 9 because the explanation we heard made it sound very similar to the con set of distance learning as the United States would understand it.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As to the remarks of the Distinguished Delegate and our good friend from India, we do have a question for India in the suggestion of the addition of citations to the Brazilian topic, cluster number 5. That is, we are not sure what the problem is in copyright about citations. Under American copyright law and most of the domestic copyright laws with which we are familiar, there would be no protection of citations from which you would need an exception. So we would appreciate a clarification from the Distinguished Delegate from India. We certain he has something in mind, but we didn't understand exactly what it would be.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">In addition we would like to ask the Distinguished Delegate of Pakistan, as we were taking notes we understood that one of the proposals they had mentioned was access to publicly funded scientific research, which is also a topic that occurs as number 38 on page 16 from Nigeria previously. And we would appreciate an explanation if Pakistan and Nigeria have a meeting of minds that that is the same thing. Our impression is just from the title of the topic or cluster that that is not exactly a copyright exception or limitation. The United States has a robust practice of seeking the public dissemination of publicly funded research and is perhaps the world's largest funder of scientific research. We wouldn't normally conceive of that as a copyright exception or limitation but as a government policy regarding funding of scientific research. So we would appreciate some clarification on that.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Finally, we understood completely what the Brazilian Delegate meant, reproduction of lectures and conferences. On a personal note I appreciate that he would prohibit the publication of my professorial notes, notes from my professorial lectures even if the students had the right to take the notes. Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, USS I give the floor to Nigeria to be followed by Senegal.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Nigeria speaker thank you, Mr. Chair. Like my distinguished colleague from the U.S., I share the sentiment that my students should certainly not have the freedom to disseminate notes from class, especially because I'm not often confident that the notes are accurate.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">(Some laughter.)</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">Nigeria speaker let me speak, Mr. Chair torks a few comments that our distinguished colleague from Equador made. I want to hear some clarification both, I believe, on behalf of the African Group around certainly the Delegation from Nigeria. With regard to the explanation to item 12 on page 6, which is listed as cluster 7, translations, transformations and adaptations. I thought I heard from my distinguished colleague two distinct arguments about this. The first, that there might be a need to translator to make copyrighted content usable in the classroom by a teacher or a student, perhaps in an abbreviated format for educational purposes. But I wondered if this might perhaps be a little bit different from the notion of a teacher or professor or lecturer taking a work and distributing it in the classroom, perhaps just in an excepted form. The way I understood the comment from our Distinguished Delegate, these transformations and adaptations appear to be something done on a wide</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">scale, perhaps encroaching on what is a well-established secondary market for what we would refer to as derivative works. So I'm trying to get some clarification about the distenge between translations, transformations and adaptations for purposes of teaching versus the creation of a wholesale derivative work which is perhaps outside of the context of the teaching environment.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The second point goes, of course, to my distinguished colleague from the U.S., professor Hughes, on the proposal to enhance the African Group proposal on access to publicly funded research. We have not had any discussions with our colleagues from Pakistan, so I am unable to determine if they mean the same thing as we do. But as professor Hughes notes, the U.S. is in fact the largest funder of research and certainly scientific research and access to these works or to the results of these research outputs are often mandated by the granting agency. And that would include the NIH, for example, or other government funders.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">However, as we are now fully aware, there has been a new requirement by government agencies in the U.S. that the results of government-funded research by the NIH ought to be available, certainly in preprinted final publication form. What the African Group proposal and this enhancement from Nigeria seeks to do is ensure that as a minimum standard of international copyright that access to such research is made available because certainly the traditional justifications for the copyright system do not apply when the incentive to create and to publish and write from the results of this research have been funded by the government, not by private investment. And that is in essence what the Nigeria's enhancement to the African Group proposal seeks to underscore as an important part of facilitating access to copyrighted content.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Now, I think it would be certainly fine to simply have a government use exception in this legal framework rather than access to publicly funded research. Government use would be much wider in my view, and I think having a simple provision for publicly funded research would effectively balance the interests of the professional societies who publish scientific works and the interests much research scientists who want to access those works when they have been funded by the government. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Senegal, to be followed by Finland.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">Senegal speaker thank you, Chairman. I would like to take this opportunity, as I was saying, to congratulate you because it is the first time that I have taken the floor. So I wanted to come back to the notion of cluster headings. I think the proposal from Nigeria is very relevant. There is certainly a problem of functionality because in fact the heading doesn't always reflect the reality of the content. So I think if a heading brings together a group of themes, we could group them together according to their points in common. Certain special exceptions and one category. We would have five or six categories which would enable us to go a bit faster in the context of this reflection process. Also to associate ourselves with India's proposal on research, to have a special cluster on research because we know as far as higher education is concerned that for some time we talk about instead of talking about faculties, we talk about information for research. Particularly in</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">developing countries this is a challenge which has to be looked at. Now, this is the major challenge of our time is research. It would be a good idea, I think, to particularly concentrate on that area because structurally and economically speaking governments, particularly African governments, tend to look at research in terms of essential research, especially with all the consequences that it will have on the digital sphere. With concentration. Knowledge it will mean real transcription of one language to another. Usually, particularly for us, the French-speaking countries, research work are usually in English. So the adaptation from one language to another, all of this has to be the subject of several exceptions which would be in the research cluster. So Senegal, finally, still agrees with India on the need to protect content of all the works which are particularly related in all ways to copyright. Thank you.</span></div>
<div><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. When I opened the meeting, I suggested to the agreement of the Committee that we try to go cluster by cluster. So-called clusters. And I had ended on page 7 where Nigeria gave explanation to the proposal. Now I think that we have gone ahead and started talking about research, which is far ahead are in terms of sequence. I would want to come back since there have been questions raised in respect to proposal from Equador, Equador can give that explanation.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">But we need to go back and the next set of clusters will be on page 8. So that we follow that sequence. So I will give the floor to Finland to be followed by Equador. Finland speaker thank you, Mr. Chairman. Finland would like to congratulate you for's your election as Chair of this Committee. We would like to thank you for giving us the opportunity to present the implementation of the information colt directive of the European Union in Finland as regards educational activities. This information could be useful to note under several clusters presented today, but specifically under the one proposed, for example, by Brazil. That is clusters 3, use for pedagogical and teaching purposes. Our copyright act which dates back to 1961 has since its beginning reflected the needs of education at activities as well as libraries and archives needs as well as others. In fact, the exclusive rights given to authors must be according to Finnish law be read with the</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">various limitations and exceptions made to them. The exceptions are limited to nonprofit context.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As regards education, our provisions build on limiting the public performance right on of the authors on one side and the reproduction right on the other. According to Finnish law, a published work may be publicly form performed in connection with education. This provision does not concern the dramatic or cinema graphic works except for purposes of research and higher education on cinematography. As regards the reproduction rights, when a work has been made public and performed by a teacher or a student in a classroom, the work may be recorded for temporary use in the classroom. This is also possible, it is also possible to take parts of a literary work or when the work is not extensive the whole work, to be incorporated into a test instituting a part of the Ma trick lags examination or a corresponding test. The exception to the reproduction right here gives the possibility of discretion as regards the content of an exam.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Furthermore, it is possible to make an anthology of literary or artistic works in a compilation of works, consisting of the works of several authors. The use is restricted to late rather or musical works after five years have passed from the year of publication. The exception allows for printed anthologies only. It is especially indicated that works made for education are not covered by the exception. The authors have the right to re-miewn wraition for this type of use. In addition to limitations in the law Finland has also from the beginning of the 1960s developed a specific mechanism called the stentive collective licensing system. Based on this system it is possible to negotiate about the use of works for educational activities or for scientific research between the users and the rightholders in a flexible manner. Such uses include uses in the digital context as well.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Thank you, Mr. Chairman.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Equador, to be followed by India.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> ECUADOR: First of all, I would like to share on a personal note that these two questions posted by the Distinguished Delegation from Nigeria and U.S. because of the nature of the representatives who are very distinguished academics, it reminds me being back in law school having to respond to hard questions on the specific questions of copyright. So I thank them for taking me back in time.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So here I go on the first question. I have been asked by the Distinguished Delegate from Nigeria with regard to whether cluster 7 refers or not to secondary market. I will go to the core part of the question. If you can have the issue of translation, transformation, adaptation make case-by-case by a teacher only for that particular class. If one teacher in one day of the school decides to make a poem, to make it an art work, just to express something, that would be a case-by-case. Of course you may have a case where the publisher decides to provide material to be distributed making adaptation of longer work with some special elements that have changed to make it more accessible for young children. Yes, we would have there a different kind of transformation or adaptation because it will be referred, creating a secondary market of books. So the answer is, cluster 7 is neutral. It is saying translation, transformation, adaptation because it is the use of the books. We</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">may include here the specific situation for a particular classes or situation where it might be a secondary market. That would be a matter of the specific proposal made by the country on this topic. That will be my answer to cluster 7.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And to the second question put forward by the Distinguished Delegate from the United States is if the same cluster 6, or with distance learning because it seems to be that distance learning applies now for those significances expressed in cluster 6. Well, the answer is you might have a specific making available for a class that is not sought for distance location. We have a regular class in law school in San tee ago owe or Quito where the professor will have somebody provide the class access to some specific content for that class. But the class that is present. But the work somehow is transtransmitted from a different place. That will not follow within the concept of distance learning. Distance learning will be a situation where all the time the student will be in a different place than the institutional, will be people spread around a big area. So distance learning addresses a specific type of education and that in some cases uses interactive basis and</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">communication, but also there are situations where you have making available a communication that is not in the context of distance learning. That is my answer. I hope that makes sense. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Equador. India, you have the floor, to be followed by the EU.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> INDIA: Thank you, Mr. President. You have rightly pointed out that we are not following the planned method of discussing the clusters, you said. But we have to digress from that planned method because there are some questions and we need to answer. And then we want to clear our doubts.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I would like to reply to the question put to us by the Distinguished Delegate from the U.S. For including citation along with quotations. Actually, we are discussing here several clusters. We would liketor cover all the topics, possibly covering and coming under the umbrella of educational exceptions. Quotations are already covered in many national laws including the conventions like Bern Convention. We need to put all the items under one umbrella of exceptions and limits of educational institutions. We are covering all the possible things which can be covered here.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Number two, Mr. President, the distinguished Delegate of Finland rightly mentioned the importance of performance. If we look at the definition of performer, as per Indian law, a person delivering a lecture is also a performer. He actually is performing in the classroom. So the performance is also important. That is already covered under the cluster 5.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And then coming to the cluster 6, cluster 13 and 21, they are all covering reproduction. So this can be brought under one group as a re-instruction translation and adaptation, whatever title. We can discuss it further later.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I would like to refer to one other important point raised by the Distinguished Delegation from Finland, the idea of anthologies, preparation of anthologies and publication by schools and institutions. Mr. Daniel Singh has covered this on his study of exceptions on behalf of WIPO. That he covers especially while giving the explanation on Indian limitation exceptions for educational snugs, that is cluster -- anthologies. Taking the few collected works of authors, anthologies and all this. This is very, very important issue. The cinematics and anthologies should be covered under a separate cluster. Coming to importance of the licensing, Mr. President, there are several internationally famous academicians here. They have well analyzed the Bern Convention and especially the exceptions. Compensated and uncompensated exceptions. So this treaty should focus on uncompensated exceptions.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">We should not change these exceptions and limitations with the licenses and compensations and the very purpose of giving support to the growing knowledge society will get defeated and the creativity of the performer, the great performer in the world, that is the teacher will be defeated if we chain these with the license. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: EU?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> EUROPEAN UNION: Thank you, Mr. President. And within the different elements that we have been discussing and the clusters and sub clusters and groups that we have been trying to put together, the EU and its Member States wanted just to make a general reference to the main issues. It is not the only issue we are discussing at this moment, but the main issue that we are discussing for the moment, which is the possibility of limitations and exceptions for teaching purposes. And many of the clusters, one way or another, go back to this one, although we fully acknowledge that there is discussion to be had as regards limitations and exceptions for scientific research. But staying on this particular one, I believe you have already been explained this on more than one occasion. You know that there is already a general framework that has been established at EU level and that is followed by the 27 Member States of the European Union for limitations and exceptions and</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">it is a framework that is probably quite interesting to keep in mind when we are discussing as well at this fora. Why? Because in a smaller and probably a more Ma jorn yous manner we are a group of very different countries with very different traditions and ways to approach copyright protection including having within the same group countries with such a different approach and Dr -- and the classical copyright approach. Why am I saying this? Because this informs the fact that the framework we have, it is in the same manner as Bern Convention, a framework that allows for a catalog of limitations and exceptions to be voluntarily adopted by the Member States of the European Union in its largest majority. It is a framework that provides for a degree of flexibility which is very important if one wants effectively for those limitations and exceptions to be implemented and that flexibility relates to matters such as the possibility or not to provide for fair compensation,</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">which is a possibility in most cases. There are some cases in which it is compulsory, but it is also flexibility as regards this scope of these exceptions. It is very often the case and the representative from Finland did refer to this, that exceptions and limitations are supplemented or facilitated or enhanced by systems of licensing such as standard collective licensing that plays an important role in a number of our Member States.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Obviously we do also have that framework of limitations and exceptions within the application as required not only by Bern but by WCT, WPPT, the Beijing treaty and the three-step test. It is not a surprise that we are going back and forth as regards different limit limitations and exceptions that we have in mind and that sometimes they are specific to teaching and sometimes they may be important or incidental to teaching.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">If I look at the catalog of limitations and exceptions that it is available at EU level and there has been adapted to different degrees by our Member States, we do have a general exception for teaching. It is an exception for teaching that is referred to normally as for the sole purpose of illustration for teaching. It also applies for scientific research. But of course we have the possibility as well for the purposes of quotation which is relevant in this context; for the purposes of private copy can and reproductgraphy which is relevant in this context and specific, very specific limitations and exceptions for instance as regards limitations to the reproduction right for educational establishment. It is often used in libraries and educational establishments for purposes such as preservation. We also have exceptions to the reproduction right and making the right and the communication to the public right for research for private study, in terminals, on the premises of</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">educational establishments. We have the same policy objective on the basis of a number of existing exceptions in our key. As I say it is often completed by the possibility, the facilitation of licenses. If I stay for an minute on what I have referred to as our main or the more general teaching exception, basically what this exception does is to cover the use of works or other subject matters, for instance phone owe grams or broadcasts, for the sole purpose of teaching. There is a clarification in our legal system and as it has been there implemented by Member States that such use can be done on condition that it is for noncommercial purposes. We also require that when Member States provide for a teaching exception to indicate the source and name of the author of the work unless this happens not to be possible for practical reasons or otherwise. The rights that can be affected by such limitation or exception as implemented by Member States are very variedment we are talking</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">about different rights that have been referred to in different instances here. We are talking about the reproduction right. We are talking about general communication to the public right, but also covering making the available right. We are talking about the distribution right. They can be used when properly implemented and I remind you within the framework of the three-step test. They can be used as regards face-to-face teaching but also distance learning which is a concern that we have heard during the discussions this afternoon. For instance, you could cover within the specific conditions that we have such as uploading, online transmissions and downloads of our work or other subject matter. And it could also be the case that permanent downloads are further covered by the private copying exception.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As regards not the rights but now the works and subject matter that can be covered or affected by these limit-r limitations and exceptions, again our key provides for great flexibility. It is an open-ended exception in the sense that it does not I will post any specific limitations as to the nature of the work or other subject matter that can be subject to the limitation or exception. It is for Member States to implement it again taking into account the application of the three-step test. And the same approach applies to the type of beneficiaries. I have mentioned at the start that the use has to be for noncommercial purposes, but beyond that the exceptions and limitations and the framework that is established at the EU level does not limit the category of snugs that can benefit, school or university, the nature of such institutions. It can be a public or private institution. So in that respect our main point much reference is the noncommercial purpose to be achieved, not</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">the nature of the institution as such.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">That gives you largely the framework which in the view of this Delegation is important to keep in mind. That type of flexibility we have had to give in order to have an effective system of limitations and exceptions for the purposes of teaching and research, that adapt equally well to the conditions in Finland as it may be conditions in Portugal, Spain, or Romania.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">That degree of flexibility and proportionality we have to keep in mind when proceeding with our work. Thanks.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. I give the floor to Peru to be followed by Burke fast.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> PERU: Thank you, Chairman.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">(But kin notice fast owe) Peru: Thank you, Chairman. I would like to use this opportunity to point out that I've listened very carefully to the interesting comments by the Distinguished Representative of the European Union. Both in that latest statement and in the previous one. Where they asked for clarifications regarding the proposals on the table. So taking as my starting point these interesting statements, I would like to make two points. First of all to remind you that cluster number 7 which originally corresponded to an Equador Indian proposal on which clarifications have been asked was merged into the GRULAC proposal. And has been covered by a general term which is for uses for teaching or educational purposes.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So this is one of the specific uses that is mentioned. And this is important because in the original proposal there was not this special relationship with the purposes of teaching or education and now that it has been merged into the GRULAC proposal it was the intention to make it clearer by doing this. And referring to the interesting segment by the EU Delegate and by the emphasis, and to the emphasis put on the word "flexibility" which we the Equadorian Delegation consider very important. I can use that as a bridge towards mentioning and briefly explaining the joint proposal on page 7 from Equador, Peru and Uruguay. Paragraph 16. Which is clearly connected with cluster number 1 on page 6. This, Chairman, is aimed at providing this flexibility and it is based on a commitment by the parties to establish either through updating or through extension including in the digital environment or by means of creating new exceptions and limitations that will cover the teaching and research</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">area.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">This chapter could be a first introduction that is very importanted and could be supplemented by specific mentions that have been agreed on by consensus or that could be incorporated subsequently by way of example.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">And which could be an opened or a closed list.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">So the purpose of this try par tight proposal from Equador, Peru and Uruguay was to make clear that there is a commitment by the parties, there is an obligation to update and expand exceptions, in particular for educational purposes. Therefore, we believe it is offering and invitation to carry out this work but incorporates sufficient flexibility to include specific mentions of specific exceptions that have been proposed as clusters at this session and that could be used as an introduction for starting from this initial proposal, which we repeat is flexible. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Burkino Faso to be followed by Argentina.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> Thank you, Mr. Chairman. Gimp this is the first time my Delegation is taking the floor please allow me to congratulate you on your election and for your excellent management of our work.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I would like to state that our comment is under cluster 7 having to do with translations, transformations and adaptations. In fact, we are taking up this question referring to limitations and exceptions. We had considered that it was necessary perhaps to have a bit more clarification on the aspects which I just underlined because in most national legislations limitations and exceptions have to do with methods of use and differentiated uses. So in this present case perhaps it might be a good idea for us to know what the real dimension is of these subheading, in other words, translations, transformations and adaptations. Perhaps this will lead to the creation of derivative works and derivative works would mean in fact an authorization not by the author who created the derivative work but rather some kind of legal authorization which isn't really, doesn't really come under the definition of derivative works. Now, again, on this cluster 7 we might -- the transformation of the work</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">might have to do with the moral right of the awe who are author, the initial author who created the work. Perhaps we should know in the context of the creation of this derivative work what would be the view of the work or the author, since this might be used in another context in another kind of use which doesn't constitute an exception. In other words, when it wouldn't be used for teaching purposes but rather for sort of archiving. So it does lead to possible problems and perhaps if we could be given further explanations as to the possible consequences of these uses under cluster 7, then we could come back to it later.</span></div>
<div><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Nigeria, to be followed by Germany.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Nigeria speaker thank you, Mr. Chair. I would like to make a general comment about the international copyright system and where I think in our view both the Delegation of Nigeria but also, I believe, in its support of the African Group proposal. In response to some of the comments by the European Union, I think that we are at a stage where the technology and the social and human development interests of all countries, not just developed and developing countries but all countries are moving the system towards one of greater openness. That the capacity to ensure that future generations are adequately educated, that the most impoverished nations of the world have an equal access to learn, and to be fully engaged as citizens in a global economy, are no longer debatable. To the extent the copyright plays a fundamental role in both the creation and the dissemination of knowledge, and of scientific progress, this particular discussion today is vitally important because, as we</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">now know, knowledge no longer has boundaries. The copyright system in our view, Mr. Chair, can no longer simply be reactive. It can no longer simply be a system that protects rights without a purpose. Copyright in and of itself exists to promote the progress of science and the useful arts. Accordingly, I think it's illustrative that in the EU where there is a laundry list of limitations and exceptions that cover in fact all of the things that we are discussing today there has been disparate adoption of these limitations and exceptions by Member States. So the results that we have is a patch work system in which some Member States have certain limitations and exceptions and others do not. We see this situation in the EU being mirrored across the world.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">What that means is that for purposes of education and research, those of us who are teachers like myself are never quite sure what we can access, what we cannot access. We have to identify where the source is. We've got to figure out what rights attach; what rights don't attach. These become barriers to knowledge. They become barriers to learning. They become barriers to teaching and barriers to progress. If the system is going to function effectively for the economy, this proposed instrument is designed to establish the or of a sustainable knowledge economy in which the creation and access to knowledge is effectively available for all nations. Not just some over others. There's a reason that some countries have been unable to utilize these limitations and exceptions that exist in the EU. Now, there is, of course, two strong traditions represented in this room with regard to limitations and exceptions. We have the Continental or European tradition that lists very explicitly</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">what uses are permitted and lists very specifically whether those uses are compensated or uncompensated.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Then there is, of course, the most common law or Angelo American tradition which combines very short lists with a huge flexible instrument called the fair use doctrine in which particular uses are evaluated against the public or social purpose and the amount and content that are used.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">This proposed framework that we are discussing today hopefully will find a bridge between these two systems, neither of which are ideal but both of which are functioning for some but not all Member States that are represented here today. So for example, as the European Union Delegate mentioned, the right of making available which is recognized under the would I copyright treaty has been repeatedly declared to not be a part of U.S. copyright law. We have limitations and exception that is are recognized not normally in the text of the law but sometimes by judicial opinions. It is important to have a harmonized minimum mandatory approach not just because particular sectors need it, but because the entire economy requires some flexibility in order to advance the progress of science and the useful arts as I've mentioned before. What the enhanced proposal by the African Group has suggested is modification slightly of the EU list of exceptions and limitations combined with a</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">provision that I believe may address our Distinguished Delegate from Equador who in one of their clusters looked at the possibility of a provision that facilitates an updating of limitations and exceptions for education. This text in essence allows countries to enact new limitations and exceptions consistent with the Bern Convention and established state practice because, as we know from recent decisions from the European court of justice, from the U.K. weds who just newnessed mandatory access to U.K.-funded research frrks the decision of the Canadian Supreme Court yesterday which liberally interpreted fair dealing in Canada for educational purposes, this is where most OECD countries are moving. It is posertant that members of the African Group, members of GRULAC, the rest of the global south and, as I said before, the developed countries all come to the table to facilitate what is in fact the social goals and ultimate purchases of the international copyright system.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The enhanced proposal of the praik group also includes the possibility African Group includes the fair use doctrine in addition to fair limitations and exceptions to preserve the difference that the Distinguished Delegate from GRULAC mentioned as well as the European Union.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">WIPO does not have specific limitations and exceptions that address education, science, libraries, archives, and those needs of persons with disabilities, but rather to say that the time has come for harmonized approach which is the very foundation of WIPO emission and, of course, the very foundation of the copyright steel itself. It is not simply an end in and of it sell, but it is a means to be an end. It is here in place, dynamic and hopefully with a possibility of for the first time adopting a system that gives life to the Bern appendix which exists as a legal instrument, but also takes advantage of the recent developments in the EU, Canada, and the United States.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Thank you very much, Mr. Chair.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Nigeria. I give the floor to Germany to be followed by the U.S.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> GERMANY: Thank you, Mr. Chairman. My congratulations on your election, too, for the first time I take the floor.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Germany, being a member of the European Union, the German copyright law is based on the directive on the harmonizization of certain as spects of copyright and related rights in society. My colleague from the European commission has mentioned before.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Our limitations we have is all subject to the three-step test of the Bern Convention, even if it is not mentioned in detail. So I will take the opportunity and tell you the general guidelines, how the engineer man law uses the possibilities of the framework of the European directive is providing in accordance with the Bern Convention. If you compare the law of Finland that my Finnish colleague told before, you can see the flexibility that not only the general European law but the Bern Convention already do provide. The German law has no special limitation or exceptions for the purpose of education or research. Instead the engineer man copyright law makes a difference between the different possibilities how one can use the copyrighted work. For the purpose of education and research, one may use the following limitations on copying. First, every student at school or at university has the permission to make copies of a work for the purpose of education. The student can do it by</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">himself. It is also permitted that a third person makes the copies on behalf of the student. For example, a library, copy shop or another student.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Second, any teacher or professor is permitted to make copies for every pupil or student in his class, but only for part of the work or of a short work. If a longer work is concerned, the permission is for ten to 15 percent of the work. If it is a shorter work, maybe a poem or a picture, the whole book can be copied. As an exception to this limitation it is not permitted to copy books with a special school books. In both cases as well as copies made by the student or copies made by the teacher, the rightholder gets remuneration. Everyone who sells a copying machine or something like this has to pay a certain at to the rightholders collecting society. So society will distribut its revenues to its members. It is further permitted to make a work available to the public for the purpose of education or research. For example, by putting it into the Internet of the school, university or research organisation. But university, school or research organisations</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">have to take care that the work can be used only by students or by its members, not by the general public. One is not permitted to use the whole work there, but only a part of the work, about ten to be 15 percent of the work.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The owner of the copyright gets remuneration for this kind of use. For this are purpose, there is a contract between the representatives of the school, university, and research organisations and the rightholders collecting societies that guarantees the rightholder remuneration. At the moment those limitations will exist until the end of this year, but we are working with the elongation of the limitation.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">About performance. The expression performance can hold very different meanings. So I give you some small examples that may hold the information which is needed. It is permitted to recite a play or a poem in class when there is no auditorium. It is permitted to show a video or a broadcast in class if it is a private video or broadcast brought by the teacher. It is further permitted to communicate or perform a work for school events, for example a school theater and school orchestra. If the auditorium does not pay a entry fee or similar fee, the performance is without responsibility to pay remuneration to the rightholder.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The German copyright law gives permission to make quotations. The main part of the permission is the purpose of the quotation. It is not permitted to copy a part of a copyrighted work. Quotations mean a -- need a purpose. That means you need to show the artistic approach or quotation of the copyright work. Quotation means use of the small part of the work but in certain rare cases it also can mean the whole work.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Germany. I give the floor to the U.S. to be followed by France.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> UNITED STATES: Thank you, Mr. Chair. Like the EU we would like to emphasize that our educational system in the United States is supported by a vibrant commercial market for education and research materials as well as a set of exceptions and limitations in our copyright law including the doctrine of fair use and specific provisions for teachers and students. Together the commercial market through licensing and voluntary agreements and the exception limitations and exceptions in our copyright law provide the critical access to information, research, and creative expression needed to enable full participation in our information society.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The commercial marketplace in the United States includes both major publishers and nonprofit presses. It serves any number of educational institutions and audience, public and private, from K through 12 to college courses to initiatives for the adult learner. In short, educational success in the United States has in significant part been the result of a sustained educational marketplace. At the same time there is no question that exceptions and limitations are an important part of the copyright balance worldwide and at the national level. The distinguished Delegate of South Africa discussed importance -- and Nigeria alluded to the specific aspects of our law. We would like to briefly discuss ours and how it influences our views of how to work at the international level. In our experience appropriate and balanced exceptions that satisfy the three step test require careful study and consideration of all circumstances, but we must recognize that such</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">circumstances may differ from country to country. In the United States, we do have a set of targeted exceptions for education codified in section 110 of the U.S. copyright act. But it is very hard to map these exceptions on to the specific clusters that we have discussed today. At best, they reflect a few of the cluster proposals set fort in the draft compilation document. For example, with respect to cluster number 5, performance for educational purposes. Section 110 allows instructors or students to display or perform copyrighted works provided they do so as part of classroom activities in a nonprofit educational institution and provided that the work is a lawfully made copy.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">With respect to cluster number 9, distance learning, also one of the proposals, in the late 1990s, the United States engaged in an extensive process to promote the development and growth of distance education and to help ensure that our copyright law exceptions for education reflected the realities of the digital age. This review involved public debate and discussion which culminated in a formal study issued by the United States copyright office on copyright and digital distance education with recommendations to Congress on legislative changes that might be needed in our law.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As a result in 2002, the United States enacted the technology education and copyright harmonization act also known as the teach act which amended our section 110 to allow for the inclusion of performances and displays of copyrighted works in digital distance education under appropriate circumstances and subject to certain limitations. Specifically, the teach act expanded the categories of works that were covered by section 110 of the copyright act and removed the concept of the physical classroom as a requirement to qualify under that provision in favor of the concept of mediated instructional activities under the supervision of an instructor.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">At the same time the teach act acknowledged the risk inherent for copyright owners in the digital environment by incorporating a number of safeguards to protect against the unauthorized distribution and reproduction of copyrighted works. Under the teach act, only accredited educational institutions or government bodies may avail themselves of this exception and only students officially enrolled in the course are authorized to receive transmissions of copyrighted works.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">In addition, educational snugs must apply technological measures that reasonably prevent recipients from retaining the works beyond the class session and from re-stribting them. Under our law educational institutions are generally prohibited from interfering with technological measures taken by copyright owner to pre-prevent retention and distribution of the acts used.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Under the teach act to provide the markets to create distance learning materials, the exception provided under the law does not extend to use of company righted works developed specifically for online educational uses, textbook materials, or other materials typically acquired by students for their interest use. In the same spirit we believe that as we discuss copyright exceptions and limitations at the international level we must work together to ensure that the needs of educational institutions are balanced by appropriate responsibilities on the part of educational institutions. As Winston Tapp of the library association said yesterday it is important that limitations and exceptions provide a secure environment for the use of copyrighted works.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">With respect to clusters 27 and 28 which I think now have been combined, technological measures, our law also provides certain flexibilities for education with respect to those measures. Under section 1201 of the U.S. copyright act, nonprofit educational institutions as well as libraries and archives are permitted to circumvent access control measures solely in order to make a good faith determination whether to acquire and authorized copy of a work. Also under section 1201 of our law the U.S. copyright office conducts an administrative proceeding every three years and in consultation with the Department of Commerce develops exemptions to the laws, prohibition on circumvention of technological measures to control access of works for certain types of works. Through this process, the United States has permitted the circumvention of technological measures in order to permit the incorporation of portions of films into new works for the purposes of criticism</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">and comment by college and university professors engaging in educational uses.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">Finally under U.S. law, the doctrine of fair use may in specific circumstances allow third-parties to make limited use of copyrighted works, including for purposes of teaching, scholarship or research. This doctrine is codified in our section 107 of the U.S. copyright act and sets fort four nonexclusive factors that courts must determine when determining whether a particular use will be fair under our law. Under this doctrine as applied by our courts socially beneficial uses including educational uses are more likely to be considered fair in circumstances such as where no more of a work is taken than is necessary to achieve the educational or research purpose and where the use does not cause harm to the rights holder. Uses that add something new with a further purpose or different character are also important in the court's analysis of the purpose and character of the use applying the four factors under our fair use provisions. The considerations of these factors, however,</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">often requires a complex analysis of the facts and circumstances of each individual case and does not necessarily provide broad guidelines that can be routinely applied to as cruet board to multiple uses.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">It should be clear from this brief discussion that the U.S. has experience in limitations and exceptions that fall under some of the cluster headings proposed by our Distinguished Delegates from Brazil, Peru, Equador, Nigeria yesterday. We have clear and detailed experience in cluster p topics like distance learn can and limited reproduction for classroom use. On the other hand, we have little or nor national experience in some of the topics proposed or how they might relate to specifically education such as some of the cluster topics such as public health or security, ISP lability liability, orphan works or computer programs.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Without prejudicing our further comments on cluster topics we hope to hear more explanation of how those topics might fit within the rubric of the discussion we are having today, and we may have further comments on the cluster p topics and how the examples might fit within the proposals that we have heard from some of the Delegations. Thank you.</span></div>
<div><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, U.S. I give the floor to France to be followed by Chile.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> FRANCE: Thank you, Chairman. Since this is the first time I'm taking the floor I would like at the outset to congratulate you on your election and associate myself with the wishes of success expressed by Delegations who took the floor before me.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The French Delegation is taking the floor now to indicate how France has set up, that is in the context of the Bern Convention as recalled by Germany but also in the context of the 2009 directive which was explained and presented by the representative the European Union to indicate how this framework enables us to respect French legal tradition which in fact has set up a teaching exception. This pedagogical exception which is L1025 (e) of French Intellectual Property rights. It lists all the exceptions and very specifically it is e which aims at the pedagogical exception.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Under this Article it is permitted, I'm going to read out this Article. Don't worry, it's not very long the luckily we do have a very short and concise provision, one which is very explicit.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Acts authorized are representation. Reproduction of extracts of works with the reservation of works conceived for teaching purposes. Musical partitions and digital, written works aimed for illustration purposes in the context of teaching and research purposes, and excluding all recreational activities as long as the public to which this representation or reproduction is aimed is composed mainly of students, classroom students or teachers or researchers directly are concerned and the use of this representation and this reproduction gives no rise to commercial use and compensated by remuneration negotiated on a lump sum basis. So that's the provision.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Now I would like to comment to explain the essential principles and the pillars that condition the French legislative framework on this. Five principles basically. The first is that the exesion does not ale at all materials. In France this cannot aim at books used for teaching nor musical partitions nor digital works. When we talk about that we are talking about school books as well as university textbooks which also constitute an exception in many foreign legislative frameworks as you as mentioned by the U.S. Delegate in the presentation which just preceded mine.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The exception for digital editions and musical partitions are explained by the fragility of the sector, particularly concerning musical publications. This sector already suffered all kinds of reproduction and we couldn't possibly aim at it in this exception. Now, there was a protocol agreement negotiated in France with the rights holders for the use of these books and printed music, as well as periodic publications just for teaching purposes. Therefore, license is used p parallel to the use. This for those not covered by this particular exception of the so it's important to recognize the model of the license and to look how it can be combined with the exception, the second pillar or second general principle underlying the French exception. This has to do with the aim of the exception.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Representation or reproduction of the protected work can only be used to illustrate the course, the teaching course or the work of the researcher. This teaching aim includes all primary schools, all the waytor university education, public or private, distance learning included. There is no distinction made in France between regular teeing and distance learning.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">As far as research, this includes all research in public institutions. The criteria of the absence of commercial use excludes research carried out in private companies.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Third principle. This is a very special targeted public under this exception. The French pedagogical exception means the use of a particular public, general public. This is the general public to which has to be made up of students and researchers directly concerned. We had the primary condition as to the persons concerned and a second concerning the existence of a link between the persons and the subject being dealt with in the teaching framework.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Fourth element. The absence of commercial purpose. This came out of the noncommercial purpose which is included in the community directive 22 May 2001. 2001, 29. This is essentially justified by the objective of the exception which is essentially to meet general cultural interest. And the last pillar which is also very important which is also important in Germany, which is remuneration. The exception in France can only be used as a counterpart to remuneration negotiated on a lump sum basis. On this particular point I am not going to enter into detail but obviously I will entirely ready to answer any questions by any Delegations who want to know more about the technical and financial details of this remuneration for this exception. Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, France. Chile, to be followed by India.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHILE: Thank you, Chairman. I think we are having a very interesting discussion. As somebody mentioned a little while ago, I think it's like being in a university hall in Santiago studying the various Intellectual Property legislations of different countries. Without prejudice to this interesting discussion, Chairman, the fact is that we are rather confused. We are rather perplexed about the procedure we are following this afternoon. Our understanding of what you said we were going to do this afternoon is that we were going to present or introduce the various clusters or topics, as somebody called them, that are being proposed. Our understanding of the exercise we are engaged in is precisely that. We are identifying the topics that we are subsequently going to discuss in a way similar to that we did at the previous session in respect of exceptions and limitations for libraries and archives. Our understanding that the discussion of each of these clusters and p</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">topics is not going to be exhausted now. They are simply going to be introduced. In this context, we were expecting or we were hoping for an opportunity to introduce our proposal on reverse engineering. I don't know whether this is the right point to do this, Chairman, or whether we ought to wait for other Delegations to present their national legislations. We would like to have some clarification as to the procedure and the way that we are proceeding this afternoon.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I also would like to remind you that in the work plan before the Committee which was agreed on by all Delegations during this session, we have to make a recommendation to the General Assembly on these issues. So we are rather worried that within our limited time we will be able to reach those agreements. So I would like a clarification on that. And if it's appropriate I could also introduce our topic on reverse engineering.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: The points that you have made are very valid, of course. And they go to what I had said earlier that the idea this afternoon was to allow the proponents of the various so-called clusters to present them and explain what they mean by those proposals.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So of course, in the interest of getting clarifications we have received presentations of national legislation. But I think that we can make a step forward. You still have the floor, Chile. You can proceed and make your presentation on reverse engineering. Go ahead.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHILE: Thank you, Chairman. As I was saying, I would like to introduce briefly this topic. First of all, I would like to say that our idea in proposing this theme was that today we are discussing or talking about exceptions and limitations for education and also research. Therefore, without prejudice to the fact that in this document we are looking at today our proposal is under 23. It comes under the heading of software and databases. For us as we see it, reverse engineering is directly connected with research. In this field what we are seeking for, of course, is a discussion of the various opinions that Delegations may have on this. We believe that reverse engineering, since it is an activity that makes it possible to improve the working of computer programs, is in this case directly connected with research. Just by way of an example and very briefly, in Chile we have legislation on exceptions on this which enable reverse engineering to be carried</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">out on computer programs in as much as the computer program has been obtained legally in a legitimate way and this reverse engineering process has to be carried out for the purposes of research or development. In addition, the information obtained during the process of reverse engineering of a computer program cannot, of course, be used to produce or commercialize a computer program that is similar or that infringes rights, Intellectual Property rights that are protected by law. So as I say, I think this is a very important issue for the purposes of research. This is why we wanted to propose it as one of the topics for discussion in the context of this meeting. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, Chile. India, to be followed by the U.K.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> INDIA: Thank you, Mr. Chairman. Distinguished Delegate from Chile raised a very important topic, reverse engineering. It is important to research. India recognizes this important aspect as one of the exceptions provided under the Indian copyright act. It explains the doing of any act necessary to obtain information essential for operation and functioning of the computer program. So reverse engineering is one of the important aspects.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">You rightly pointed out under the discussion of the clusters, we got distracted explaining our national laws. The WIPO Secretariat has done a great work in sponsoring five important studies of the different agents of the country. The selected top international copyright experts which covered 157 national laws and again to facilitate the ready hand material, again the Secretariat has come out with the analytical document which has pointed out several clusters. For example, number 1, specific exceptions directly related to teaching and instructional purposes. This is the many countries use not only for the teaching but also for the instructional purposes. The reason why the word "instruction" is important, it may not be normal teaching method, but instruction is important for the people especially the skill development. And the government of India is focusing for the past few years on skill development. The prime minister's main froit is skill development</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">and the higher Education Department and also secondary education development focused on skill development.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So skill development is meant for even the slightly educated people. They may not be literate but they want to improve their skills. Here instruction is more important than teaching. So the instruction should also be included in the cluster.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Next comes the cluster included in the document is exceptions for -- has been included. Third cluster, exception for fair use and fair dealing. This we already covered and the Secretariat analytical document again discusses the scope of educational exceptions very well. It covers reproduction. Performance, communication to public, making available and translations. These are the important clusters it covers.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Then works. What kind of works? It covers that many countries are covered any work, all kind of works. So it should be the important focus we should discuss. Finally in the clusters, elements to be included in the clusters. And then what kind of rights are covered for educational exceptions? The analytical document we studied in the five studies says all educational exceptions are given to all exclusive rights. What kind of purpose the exception should, educational exception should cover. It talks about the teaching instructions, examinations also. This study or any other conditions, several other conditions as covered under the different national laws. These are the areas we need to focus and move forward. We are already know that these five studies have brought all the different and various kinds of exceptions forward by different, 157 domestic laws. Thank you, Mr. Chairman.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Sorry, one important issue, Mr. Chairman, which the Distinguished Delegation of Nigeria covered. We are fortunate to have important copyright gurus from us. One is from Nigeria and one from the United States. Two professors who always guide us in the right direction.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Here while finalizing the exceptions while making the clusters, whatever exceptions we are allowing for the use of educational content, it should help to create the ways of teaching in the university schools and other educational institutions. So this is very, very important and we have to move forward leaving the conservative practices in implementing exceptions as explained by the Distinguished Delegate of Nigeria. I give you would be example recently from my friend, Distinguished Delegate looking at me. It is of the har Grious review. They have moved forward in looking at exceptions in education. It is eye opening. When I read it, I loved it. The Price Waterhouse ciewper has done a very good study engaged by the copyright clearing agency. The studies are available in the public domain. How the U.K. study has been suggested important things. It is relevant for not only the developed countries but also for the developing countries. Thank you, Mr. Chairman.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, India. I give the floor to the U.K. to be followed by Egypt.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">U.K. weds speaker thank you, Chair for letting me take the floor. Let me join others in congratulating you as your election as Chair of the SCCR. We look forward to working with you on all the issues currently before this Committee. I would like to thank my distinguished Egyptian colleague for asking before lunch for the U.K. to update the group on its policy on access to research. Mention of this has been made by the distinguished Delegate of Nigeria. Yesterday the U.K. newnessed a new policy to open up access to publicly funded research. The U.K. government believes making it possibletor access publicly funded research will have real economic and social benefits. This announcement is the product of the work between publishers and research organisations. It recognizes that opening access has broad benefits, but also that good quality publishing also brings benefits and has costs for publishers. It puts forward new approaches on how those costs will be met. It is important</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">to note that this announcement does not involve any change to the U.K. copyright framework. If Delegates want other information, you can find that information on the U.K. Department of base and skills and research opening up research to.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Turning to the topics under the clusters and headings and given the intervention by the Distinguished Delegation of Chile and the guidance from the Chair the U.K. would like to make furnish fer comments at the appropriate time in the proceedings in relation to the clusters and headings the Committee will discuss and in response to the comments of the Indian Delegation we will include some recent developments which are taking place in the U.K. copyright law. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Egypt?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> EGYPT: Thank you, Mr. Chairman. The frairk group is pleased to see this high level engagement on this important subject matter. Mr. Chairman, we would have needed more than three days for education after all.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The group supports the Chair's statement to follow a focused process and sequence of discussions to be advance the text based work on limitations and exceptions for education, research, institutions and people with disabilities. Accordingly, the group would like to request the Secretariat to update the working document and other textual proposals submitted by Member States today. Then submit a revised document to be once again reviewed in the Plenary session tomorrow morning. The group also is working on some textual proposal and may be submitting them to tomorrow morning. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. I am looking at the time and I don't see any -- okay, Iran?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> ISLAMIC REPUBLIC OF IRAN: Thank you, Mr. Chairman. My Delegation would like to support the suggestion put forward by ourEgyptian colleague. I think it would be important to have a revised document tomorrow morning. Thank you.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Colleagues, as stated by Egypt, the Secretariat is going to update this document, taking into account the textual proposals that have been made and also the consolidation that has been done by GRULAC.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">But we have some ten minutes and I thought that having had no further requests for the floor from Member States I would allow some NGOs that are working specifically on this subject matter to make their statements very briefly. So the floor is open to NGOs.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Sorrys South Africas asking for the floor.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> SOUTH AFRICA: To get clarity on one thing, will we also say we are restructuring the document, I heard from the Delegation of Nigeria earlier on they proposal four things. Is that taken into account when we revise the document?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: I took note of that suggestion, but I think that what we are using as cluster is not what was really meant. I think what we are talking about are topics. So we will proceed on the basis that we are dealing with topics. And continue it with this format because if we say clusters in the strict sense, then most of this work will have to be readjusted into the four or five or so-called clusters. So I think we will proceed on this basis with the understanding that we are dealing with topics and not clusters in the strict sense.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">I hope that is clear.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">NGOs? IPA?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">IPA: Thank you, Mr. Chair. It has been a fascinating exercise listening to the many Delegations discuss various aspects related to copyright and education this afternoon. Just really three comments. The first one is I would like to echo what the Delegation, a member of a Delegation earlier said. The topic we were here to discuss for three days was educational exceptions for, for educational institutions and research institutions. That already is a gigantic topic, even if we do not include all other copyright and related issues that have been touched upon in the document in front of us.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Secondly, I thit it is important to remind ourselves of the consensus and the international and copyright consensus that has only recently been reconfirmed in the Beijing treaty. I'm sure the Member States will make a wise decision on whether it is a good idea under the heading of copyright and education to revisit all the issues that have been just confirmed three weeks ago as international consensus.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Finally I would like to remind the Member States of an important principle that has been introduced only recently. That is that this work here should be evidence-based. It is very important for all of us, and in particular for educational and publishers to understand where there are specific problems with access to educational content or to content in general. It is also important to understand and to share experience on where copyright exceptions have been introduced to overcome this lack of access and what effect these copyright exceptions have had. Whether they have in fact resolved the issue or whether they have not been able to do so.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">So I hope that we will hear more and share more about the reality of education and access to educational content. IPA would love to contribute to that and explain to all a little bit more about the reality, in particular in primary and secondary education where the access is all about local content and local languages and relevant material that is best supplied by local publishers. Thank you very much.</span></div>
<span style="font-family:Times;font-size:medium"><div><span style="font-family:Times;font-size:medium"><br></span></div>>> CHAIR: Thank you. I have STM, KEI, API and AFROE. We have five minutes remaining. Please be brief. SDM.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> SDM: Thank you, Chair, as it is the first time I'm taking the floor, let me congratulate you on being the Chair of the SCCR. The STM association has 120 members worldwide and they publish scientific technical and medical research in Articles, in writing, in print, in electronic format and obviously takes a great interest in these discussions. Today the topic has been education and research, but the Aleutian has been made to the much wider issue of public access. Sometimes in here also referred to open access, although these are separate measures, separate issues. Open access really is a new way of publishing. I'm glad to say that many of the STM members in fact experiment with this or already have a viable and sustainable business model associated with this form of publication.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The issue of public access need not necessarily be addressed through exceptions or through the business model of open access. STM is very closely associated with a program called research for life which has been presented to the SCCR on several occasions and, for instance, in over 100 countries more than 9,000 resources are free to the user, free to the researcher available in a vast majority of countries that would be considered leafs developed at absolutely no cost.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">The government-funded research policies that also have been referred to today and also the recent decision of the United Kingdom government that was publicized on Monday do not really implicate exceptions at all, the subject of the discussion for SCCR today. In fact, they are an illustration of rights holder consent and licensing, working to the benefit of enhancing public access. None of these policies question the need to seek consent from the author or the rights holder to make these works available in preprint format, post publication format or at any later stage in the dissell nation process. Copyright is an incentive for the creation and for the dissell nation of knowledge and it is important to keep this in mind as it seems sometimes that copyright is mischaracterized as an obstacle of these goals that we all share.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Thank you, Chair.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. KEI.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> KEI: Thank you, Mr. Chairman. First I just would say it's been impressive, first two days of the negotiations and the level of discussion has been impressive and sometimes inspiring. So I am pleased to be here.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">It seems to us that yesterday some Delegations may have exaggerated the extent that the three-step test currently is relevant to exceptions. We think it is an important test for some exceptions and we think it is not relevant to other exceptions that have a different standard that is used to evaluate how appropriate or what you can do with them.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">To the extent that this meeting proceeds we look forward to more clearing up some of the confusion over how the three-step test applies particularly in some of the Bern exceptions like Bern 2BES, parts of 11, other parts of the Bern exception as well as other things outside of the Bern exception that are important in exceptions such as remedies, limits on the remedies or the first L doctrine or control of competitive practices, things like that.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Nigeria in its presentation said that the goal should be, at least my take away was access to knowledge for all and take people need to recognize there's this global transfer of openness and inclusiveness and I think from our point of view those are completely right. That this discussion should have the same objective as the World Health Organization has about access to medicine, which is access to knowledge to all should be in everyone's mind as something you want to achieve and that it is important to be more inclusive as to how that plays out in developing countries or for poor people in general.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">India talked about how it is important to think of remunerative and non-remunerative exceptions separately and different ways that appropriate perhaps -- I don't want to put words in their mouth, but certainly they are both different and play different roles and some of the European Delegates plus put emphasis on remunerative exceptions for what is useful for people. It was attempted and failed in the Bern appendix, apparently, but it has been successful in Finland in some areas.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Certainly a lot to be also explored there, I think. One thing I disagreed with that, and maybe I got it wrong from what Nigeria said. There's no reason to think that the important work that is being done on education or others, libraries, archives, later on it might be some project like Internet services or something like that, that none of the projects should themselves be delayed until work is done in all projects because there's so many different areas that can be done in the area of copyright. Nothing would ever get done if everything had to be done because we haven't in a way even scratched areas like documentary film makers. There's a million things we haven't begun to take up. It will never be inclusive.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">What is important is to get the right balance between addressing the large issue about access to education materials, access to knowledge and the development concerns of developed countries on one hand and maybe a narrower con Kern, could be fronted by the problem of people who are blind. If we have an opportunity this week to move forward the treaty for the blind because it has been around for decades, actually, the discussion about that topic. Four years in this Committee recently. That would be a great achievement and a confidence-building thing if there's an acceptable text. We haven't seen any of the texts people have been talking about which we would love to see, by the way.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">At the same time having a political commitment to advance what I think is on the minds of most developing countries which is how to protect and advance access to knowledge in the area of education and development. We look forward to the rest of the meeting and thank you for the opportunity to make this intervention.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. MPA to be followed by EFRAM.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><div style="margin:10px 0px 0px 10px;padding:0px 15px 0px 10px;overflow:auto;min-height:447px">
<span style="font-family:Times;font-size:medium">>> EPA: thank you very much, Mr. Chair, for the opportunity to share a few comments on this draft which I fear in my many respects would disincentive ice the distribution and creation of copyright works through multitudes of limitations and exceptions for education and research institutions and well beyond. We do need to recall the purpose of company right, incentiveizing the creation and distribution of new works to the benefit of all stakeholders all around the world, copyright owners, users, research institutions, et cetera. Film makers in Nigeria, film makers in Hollywood, film makers in India and everywhere, not to mention just a few categories.</span><span style="font-family:Times;font-size:medium">While we believe as I mentioned yesterday that we must continually consider the balance inherent in copyright between the rights of authors and other rights holders on one hand and the interests of beneficiaries of exceptions, we do have some serious concerns about many of the issues raised in this document. We support balanced exepgs. They are vital to the system, but we have many questions about the proposed definitions. We query the broad scope of beneficiaries. We wonder about the formulation, authorized actions. We recall that exceptions as well as the fair use doctrine are defenses, not rights. We note regarding terek logical measures that solutions already have been found in WIPO. We believe that certain issues need separate discussion or are not appropriate. Orphans, exhaustion, contracts, out of commerce works, other disabilities, interpretation of the three-step test, a vital, vital component of the international framework. ISP liability.</span></div>
<div style="margin:10px 0px 0px 10px;padding:0px 15px 0px 10px;overflow:auto;min-height:447px">
<span style="font-family:Times;font-size:medium">The current international framework has established a system that provides considerable flexibility for Member States to implement balanced exceptions. Of course, in order for exceptions to exist there must be first rights. We see concerns raised in respect to digital distribution of content. There need to be corresponding rights. In order to demonstrate flexibility inherent in the system it is vital that Member States have the opportunity to discuss national solutions. We welcome the fact that some have done so. We also note these recent decisions in the United States, Canada, and Europe. In our view they have demonstrated the flexibility that I've mentioned. We would question any proposals that would limit that flexibility. Many of these issues and indeed pressing problems around the world which we freely acknowledge and that Member States seek to address in this document are not going to be solved via copyright exceptions. Copyright exceptions are not a panacea. </span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Exciting development and growth of digital technology and networks that we are seeing now clearly have challenged the copyright system. They have clearly also demonstrated the important role that content plays. We need to continue to take steps to incentivize the creation and distribution of new works to feed that digital environment. Peace, love, and copyright</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">(Laughter.)</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: The last speaker is from EFRO.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> EFRO: Thank you very much, Chairman, for giving us the possibility to be once again comment on this subject. I would like to compensate on behalf of EFRO the importance of access to cultural content has for the educational sphere, research and libraries. Specifically, authors, publishers and clearing centers work in order to further this possibility. Authors create the best possible works for training in schools, research, and also for recreational purposes of citizens. They need support and creative flexibility that can only be done through the proper compensation for their work. Publishers make the necessary investment and technical, whether to distribute works, whether in paper or digitally. They also facilitate all the use of collectives to use fragments of works in the innovative way that new forms of technology allow. But if this value chain is broken and they pretend that there is non-remunerative exceptions, publishers won't be able to work the way they have been</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">doing recently. This will mean a tremendous step backwards in terms of the stability that they reached thanks to the protection of copyright and Intellectual Property rights has given them to date. Obviously publishers will not be able to continue to invest in the medium and long material. We don't know who benefits from them, but it's certainly clear it won't be the citizens.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">For this reason we propose to maintain the necessary balance between copyright of authors and other rightholders and the requirements of users which have appropriate forms to have access to content including digital content. As we have been able to hear from many representatives such as the European Union the United States and others. Specifically in order to be able to contribute to the dissell nation of these forms of access in a practical way. Also, that members of governments can be aware of what can be offered, perhaps next Thursday we are going to offer a presentation in Room B and all of you will be invited to our presentation and observe forms of access which are being used throughout the world. Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> CHAIR: Thank you very much. I note that there are still requests for the floor from LCA. I will give you an opportunity in the course of tomorrow to make your intervention because we have to wind up.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Colleagues, as stated earlier, the Secretariat will work on updating the document as stated. And then we will continue on this process of textual proposals.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Now, the headings and topics that have been proposed, the idea is that we should have textual proposals under those headings. We should continue to develop this document. I will now turn to the Secretariat to make announcements.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> SECRETARIAT: Thank you. We would just ask please that those who have made textual proposals, that they would like to see reflected in the document by tomorrow morning, please send them to us by e-mail as soon as possible and that is copyright.mail@WIPO.int or you can e-mail them to our individual e-mail addresses. Thank you very much.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you, colleagues and thank you, interpreters for giving us the opportunity to go to this time.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">Announcements from coordinators. EU?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> EUROPEAN UNION: Thank you, I wanted to recall that the EU and Member States will meet immediately after this meeting in room uke ten hag enon the first floor.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Italy?</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> ITALY: Tomorrow there will be a Group B meeting in Room B at 9:30.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: </span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">>> African grume will meet tomorrow morning 9:00 a.m. in the Bilger room.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">>> CHAIR: Thank you. Meeting is adjourned.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">(The meeting adjourned at 181</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium">
<span style="font-family:Times;font-size:medium">S.</span><br style="margin:0px;padding:0px;font-family:Times;font-size:medium"><span style="font-family:Times;font-size:medium">(Thank you, the captioner signed off.)</span></div>
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