IPA at SCCR 45

IPA was once again present at WIPO for the 45th Session of its Standing Committee on Copyright and Related Rights (SCCR). The SCCR returned as a five-day event, following the previous 3-day mini SCCR 44, with the usual agenda items (broadcasting, exceptions and limitations, and 'other matters') on the table, and a special information session on artificial intelligence taking place in 'other matters.'

IPA's delegation was comprised of Karine Pansa, IPA President, José Borghino, Secretary General, and James Taylor, Director of Communications and Freedom to Publish, joined by Anne Bergman-Tahon (FEP, EU), Catherine Blache (France), Dan Conway (UK), Catriona Stephenson (UK), Ahmed Rashad (Egypt) and Jessica Sänger (Germany). IPA intervened at the SCCR several times on behalf of our members and publishers alike. The delegation also had the opportunity to meet with WIPO representatives and officials, as well as Member State representatives and ambassadors, throughout the week-long event.

The SCCR Chair was Adriana Moscoso (Spain), succeeding Owen Ripley (Canada), with Vanessa Cohen (Costa Rica) and Peter Labody (Hungary) as Vice-Chair.

Day 1 began with its usual deliberations, with non-governmental organisations granted observer accreditation before WIPO Deputy Director General for Copyright, Sylvie Forbin, delivered her welcoming remarks. Regional groups and Member States then shared their views on the week's agenda and all were unanimous in thanking the secretariat for all its work preparing the meeting. Broadcasting Treaty discussions opened with facilitators Dr. Hezekiel Oira and Jukka Liedes presenting the updates to the Third Revised Draft Text for the WIPO Broadcasting Organizations Treaty (document SCCR/44/3). The day ended with informal discussions on the Broadcasting Treaty, with no breakthroughs.

Day 2 saw the conclusion of discussions on the Broadcasting Treaty, mainly spent in informal discussions, and the opening of the Limitations and Exceptions session of the agenda and the end of the day. On the Broadcasting Treaty, a number of Member States recognised the progress made while others expressed frustration at the longstanding nature of the discussions and the need to find a resolution. The day closed with a reception before the screening of the award-winning film "The Society of the Snow" directed by J.A. Bayona.

Marking halfway through SCCR, Day 3 was devoted to discussions on Limitations and Exceptions. The Secretariat presented their Implementation Plan for the Work Program on Exceptions and Limitations, taking into account comments from member states made for this SCCR session. Reactions to the draft implementation plan saw emotions rising in the chamber, with some members expressing their disappointment at the draft implementation plan, which they felt did not successfully include the ideas and objectives from the Draft Proposal presented by the African Group at SCCR 44. The discussions then moved to informals, lasting the whole of the day, with the WIPO secretariat tasked to prepare a new working document based on the WIPO secretariat's draft plan but including member state comments and elements from the African Group proposal.

Informal discussions resumed on limitations and exceptions on Day 4 before reconvening in plenary right before lunch. With no additional comments by member states, the Chair opened Other Matters, which began with discussions on Copyright in the Digital Environment (centered on a proposed work plan by GRULAC). Individual member states supported their own group's positions, with comments divided on whether to partially or fully support GRULAC's proposal. The committee then returned from lunch early for the Information Session on the Opportunities and Challenges Raised by Generative AI as it Relates to Copyright.

The fifth and final day of SCCR began with continued discussions on Copyright and the Digital Environment. Discussions were also held on Public Lending Rights (where a study was presented), on the Rights of Audiovisual Authors (with a proposal for a new study), on Resale Royalty Right (with the presentation of a toolkit), and on the Rights of Theatre Directors (also accompanied by a study). SCCR concluded with Chair Adriana Moscoso thanking the Member States, the WIPO secretariat, the interpreters, and the conference services staff. In her closing remarks, Deputy Director General Forbin recognized that this was not the most satisfactory SCCR that she had attended but expressed her belief that the outcomes of this meeting would enable future meetings to be productive.

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