A2K Main
- The Chair noted that there continued to be a disagreement on whether to pursue international instruments for Limitations and Exceptions.
- The Chair also noted that while there was a lot of support for the proposal, there still was no consensus on the proposal. The Chair suggested that the African Group work with the member states that highlighted their reservations and work together with the Chair to see if the proposal could be revised, or to look at portions of the proposal that enjoyed the support to be advanced.
Envisioning the Role of Open Knowledge in the Implementation of the National Education Policy 2020
The National Education Policy 2020 brings a significant change in India's educational landscape, representing a comprehensive overhaul to address the evolving developmental imperatives of the country.
Commemorating Chandan Chiring (1990-2024)
With a heavy heart, I am deeply saddened to share the news of the passing of Chandan Chiring Phukan at 11:30 pm on Saturday, April 27th. Chandan Chiring was born on November 14, 1990, in Titabor, Jorhat district of Assam.
Open Movement in India (2013-23): The Idea and Its Expressions
This report identifies some broad patterns that have materialized in the Open Movement in the country in the last decade. The report is based on a reading of the available literature on selected projects and conversations with academicians and advocates of the Open. The rough outline of the Open initiatives is accompanied by reflections on the nature of the Open here and the need to envision it differently from what it currently is.
Using the Wikimedia sphere for the revitalization of small and underrepresented languages in India
This report explores opportunities within the Wikimedia movement and projects to help revitalise small and underrepresented languages in India and provide recommendations to CIS’s Access to Knowledge team in furthering this effort. The report is mainly based on a roundtable conversation on Digital Access in Bhubaneswar with a diverse range of backgrounds and professions, including independent researchers, representatives from non-profit organizations, retired government officials, Wikimedia contributors (both Odia and Santali), ecological activists, directors of research institutes, consultants, and journalists. This was organized by the Access to Knowledge team of CIS in collaboration with Vasundhara, Bhubaneswar.
Commemorating Ulo Senthamizh Kodai (1945 - 2024): A Luminary of Tamil Open Knowledge Movement
பயன்தூக்கார் செய்த உதவி நயன்தூக்கின் நன்மை கடலின் பெரிது. (௱௩ - 103) திருவள்ளுவர் (Payandhookkaar Seydha Udhavi Nayandhookkin Nanmai Katalin Peridhu (Transliteration). The contribution made without weighing the return, When weighed, outweighs the sea. - Thiruvalluvar
WIPO SCCR 43: Notes from Day 3
Working towards a binding international L&E instrument
Iran, Pakistan and Kenya highlighted their support toward the African proposal as well emphasized the need for an internationally binding treaty on L&E. Saudi Arabia mentioned the need for Limitations and Exceptions to benefit the preservation and sharing of cultural heritage, as well as for persons with disabilities. Iran emphasied on the need for adequate balance and copyright protection and a balance between different national legislations. Iran stated that there was a need to have an international legal instrument in order to harmonise national legislations, in the absence of which there would not be a free flow of information. Iran also emphasised on the need to look at the priorities of developing countries with respect to the Development Agenda. Pakistan also highlighted the issues that came to light during the pandemic, especially with regard to cross border use of information by educational institutions. In addition to this Pakistan stated that it looked forward to a binding instrument that was not too prescriptive. Kenya shed light on the concerns around the increasing knowledge gap between the developed and the developing countries, and the migration from analogue to digital environment.
WIPO SCCR 43: Notes from Day 4
Limitations and Exceptions and Cross Border Flow of Data
Nigeria, South Africa, Russia, Brazil, Argentina, Iran, Uganda and Algeria extended their support to the Work Programme on L&E by the African Group. Nigeria in their statement expressed how L&E were essential for research, cultural exchange, and how it had the potential to help people around the world who still lack access to educational and research materials. Nigeria also highlighted that a legally binding international treaty would help harmonise and balance the copyright system with other instruments such as the TRIPS agreement and the WIPO internet treaties, and facilitate smooth transborder trade in both online and traditional media. Iran stated that the creation of L&E for online and crossborder use of data is imperative, especially for the benefit of online teaching and research as well as bridge the digital divide by facilitating access to knowledge and technology.
The European Union (EU) and France however were not in support of a legally binding instrument.The EU stated that they would prefer a non-binding instrument such as a toolkit, while France stated that the current international framework of copyright is sufficiently flexible to allow members to implement L&E in their national legislations, as well as to find appropriate tools to meet the needs of education, research and preservation. France expressed their reservation in moving towards a normative framework and stated that the states could look at the exchange of best practice at national level and support in drafting national legislations. The United States stated that topics such as text and data mining and contract override were not issues that were fully discussed yet at the committee level.
Observations by the Chair
WIPO SCCR 43: Notes from Day 1
Member states delivered opening statements and deliberated on the progress, substantive provisions, and method of work on the draft broadcasting treaty text. This blog post summarises positions and contentions that supported: 1)The need for balance between rights of broadcasters and that of users and researchers 2) Questions around fixation and signal piracy 3) Need for consensus and towards a diplomatic conference
WIPO SCCR 43: Notes from Day 2
Rights of broadcasters
Iran wanted clarifications about whether the rights granted to broadcasters under the treaty would be a negative right (right to prohibit) or a positive right (right to authorise). Iran also highlighted that there was a need to clarify definitions in the treaty, particularly with respect to user generated contents shared on websites such as Youtube, in comparison with traditional broadcasters.
The Chair clarified that the treaty provides two sets of rights, positive rights under Article 6 and 7 and negative rights under Article 8 and 9. The Chair also clarified that the treaty aimed to bridge the various legal frameworks, based on copyright, under a rights based approach and a signal based approach. In the signal based approach, the positive right under Article 6 is based to protect only live signal and the protection ends at the point of fixation, hence there is no relation between the right of fixation Article 7 and the right to prohibit transmission and deferred transmission under article 8. The Chair further clarified that the positive right ends at fixation after which the right to prohibit comes into play. With respect to User Generated Content the Chair clarified that the current draft of the treaty focused protection to traditional broadcasters and not other service providers.
Terms of the Right The USA highlighted their concern over the possible perpetual term of fixation rights and requested that a revised text could have some explicit time limit. Singapore echoed USA’s concern over the absence of limitations on the duration of the rights of the broadcasters which could give broadcasters perpetual protection of a programme. Similarly Pakistan questioned the need for a right of fixation highlighting that piracy was an enforcement issue. With respect to the term of protection the Chair clarified that the treaty sought to provide practical protection to broadcasters of their live signal, and not the content of the broadcast. Further clarifying that one of the main aims of the treaty was the protection of simultaneous retransmission, and to provide protection in case there was a fixation of the signals.
Limitations and Exceptions
Iran and Brazil highlighted issues about limitations and exceptions. While Iran stated that the inclusion of the three step test in the treaty would water down the limitations and exceptions provisions, Brazil highlighted that the Article 11 of the treaty did not follow the text of the Marakesh convention or the Beijing treaty regarding Limitations and Exceptions. Brazil highlighted that there was a need to clarify in the text of the treaty itself that the list provided under the Article is illustrative and not exhaustive. In addition to this they stated that the text of the treaty should also establish the presumption that all the examples listed have already fulfilled the three steps. Brazil also highlighted the question about the consequence of the proposal on works in the public domain that are not sufficiently clear. The draft should ensure that public domain content when broadcasted should not receive another layer of protection.
Communia, Knowledge Ecology International (KEI) and Innovarte also highlighted issues that might come up with broadcasting works that are in the public domain. Communia provided examples where the broadcasters might have the only good copy of historic events and reporting that have now become a part of the public domain, however the broadcasters could reappropriate these which are in the public domain with new exclusive rights through this treaty. Communia hence suggested a need for exclusion of public domain works in the treaty. Innovarte highlighted Article 6 of the Berne convention which allows for exceptions related to public interest such as use of excerpts.
Agenda Item 6 and 7 - Limitations and Exceptions for Libraries and Archives, for Educational and Research Institutions and for Persons with Other disabilities
Working towards a binding international L&E instrument
The beginning of the discussion on Limitations and Exceptions began with the CEBS Group, Group B, the European Union and the USA emphasising on the need to look at other avenues to implement L and E without going for a legally binding international instrument. Some of the solutions provided included strengthening existing national legislations, existing solutions within the framework of the existing international treaties, exchange of best practices, and capacity building for countries to implement L&E’s in their national legislations.
Ghana on behalf of the African Group stated that there was a need to provide mutual benefit between those who generate and those who use creative works. Ghana also highlighted the issues with cross border access and sharing of copyrighted materials which is becoming increasingly difficult for libraries, archives, museums and research institutions to access. Ghana highlighted the need for a strong support in development of a legal instrument on Limitations and Exceptions, for libraries, archives, museums and for persons with disabilities other than blindness. South Africa in their statement also highlighted the benefit L&E’s would provide to both creators and users, and the cross border transfer of data. And extended their support to the statement of Ghana and work towards an international instrument whether model law, joint recommendation or a treaty.
CIS Statement in WIPO SCCR 43
Shweta Mohandas delivered a statement on behalf of CIS, on day 1 of the 43rd WIPO SCCR session on the Broadcast Treaty.
Exploring Knowledge Repositories on Water Resources in India
This research study explores knowledge repositories on water resources in India, with a focus on how the digital transition has impacted the process of creation & access to these resources and possible collaborations to build open digital repositories around water. The research was undertaken by Subodh Kulkarni, with editorial inputs by Puthiya Purayil Sneha, and Chiara Furtado. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2021–2022.
Infrastructural Needs of Indian Language Wikisource Projects
This is a short study on identifying the infrastructural gaps on Indian language Wikisource projects, and potential strategies to address the same. The study was undertaken by Jayantha Nath, Puthiya Purayil Sneha and Satdeep Gill, with writing and editorial oversight by Puthiya Purayil Sneha and an external review by Divyank Katira. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2021-22.
Mapping Content on Gender and Sexuality in Indian Languages
This research study explores content production processes on gender and sexuality in Indian languages, its digital documentation and factors that affect its availability and use on open access platforms. The research was undertaken by Yashashwini Srinivas, with editorial inputs by Puthiya Purayil Sneha, and Torsha Sarkar. This research was part of short-term studies undertaken at the CIS-A2K programme 2021-22.
Digitisation of O Bharat, a bilingual biweekly published in Goa from 1912 to 1949
The digitization project of O Bharat, a historic biweekly published between 1912 to 1949 in Goa was completed through collaboration of different organizations. The trustees of Bharatkar Hegde Desai Trust initiated the project in collaboration with Marathi department of Goa University, Bhakti Dnyan Marg Sanstha and Goa Central Library. The Centre for Internet and Society's Access to Knowledge Programme facilitated the project with technical and financial assistance. Two local students scanned 12000 pages in 8 days. The year wise volumes of O Bharat are now freely available on Wikimedia Commons in the form of archive.
Digitisation of O Bharat, a bilingual biweekly published in Goa from 1912 to 1949
It all started like this. During the Wikimedia session at Goa University in October 2021, it was realised that there is very little documentation about the ‘Goa Liberation Struggle’ on Wikimedia projects. So, in the meeting Prof. Vinay Madgaonkar from the Marathi language department took the lead to develop a project around this theme.
WIPO SCCR 42: Statement by CIS on the Limitations and Exceptions Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 3 of the 42nd WIPO SCCR session on the Limitations and Exceptions Agenda Item.
WIPO SCCR 42: Statement by CIS on the Protection of Broadcasting Organisations Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 2 of the 42nd WIPO SCCR session on the Protection of Broadcasting Organisations Agenda Item.
Wikimedia Wikimeet India 2021/Report
In March 2020, the whole world came to a standstill. What many deemed as a regular ‘flu’ turned out to be the pandemic that brought everyone to their knees. The things that we always did, we could no longer do them. We were all confined to our homes with no choice but to work online. Hanging out with friends, attending weddings, and being a part of the conferences and seminars suddenly became a part of the past. We started using the word unprecedented a lot.
Standing Committee's recommendations are at odds with Access to Knowledge
The Indian Parliamentary Committee's report weighs on several aspects of the Indian IPR system and issues of protection and enforcement. This blog post summarily notes the observations and recommendations of the Committee on the Copyright Act, 1957 which stand to impact access to knowledge. The primary issue dealt with was the claim that copyright exceptions were affecting the publishing industry and authors. The recommendations include narrowing of copyright exceptions, barring digital storage and copying, promotion of libraries, and adopting the Berne Convention as the benchmark on limitations and exceptions.
WIPO SCCR 41: Notes from Day 3 and Day 4
Day 3 and 4 saw the presentation of four studies conducted by external experts on music markets in various regions in the world and one study on rights of stage directors of theatrical productions. Day 4 saw member states sharing their positions on a proposal for creation of two rights 1) rights of stage directors of stage productions and 2) public lending right. The Chair also presented the draft summary of the session upon its conclusion, on Day 4. This blog post shares the specific text under the broadcasting and limitations and exceptions agenda items, relevant from an access to knowledge perspective.
WIPO SCCR 41: Notes from Day 2
Member states delivered opening statements and deliberated on the scope, direction, and progress of work on the limitations and exceptions agenda. This blog post summarises positions and contentions around: 1) Information Session on impact COVID 2) Creating a binding limitations and exceptions international instrument 3) Work Plan under the L&E agenda 4) Conducting regional consultations as per the report on regional seminars and international conference on limitations and exceptions.
Document Actions
