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International Conference on Copyright Limitations and Exceptions for Libraries, Archives, Museums and Educational & Research Institutions

This International Conference was held in accordance with the Action Plans on Limitations and Exceptions approved by member states during the 36th session of the Standing Committee on Copyright and Related Rights (SCCR) held in June 2018.

The Conference concluded the fact-finding and information gathering phase foreseen in the limitations and exceptions Action Plans and provided an opportunity to address on a global scale some of the issues identified during the three regional seminars on limitations and exceptions held in Singapore, Nairobi and Santo Domingo.

Video on demand| Photos on Flickr

October 18 and 19, 2019

Location: WIPO Headquarters – Geneva, Switzerland

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Program: Day one – October 18, 2019

Welcome address

Video: Welcome address of WIPO Director General Francis Gurry

Overview of the regional seminars held in Singapore, Nairobi and Santo Domingo

Highlights from chairs and rapporteurs of the regional seminar working groups

Regan Asgarali
Controller, Intellectual Property Office, Port of Spain
Repeta Puna
Director of Governance, Ministry of Cultural Development, Rarotonga
Dora Makwinja Salamba
Executive Director of Copyright
Society, Lilongwe

Highlights from experts

Yaniv Benhamou
Lecturer, University of Geneva, Geneva, Switzerland
Kenneth Crews
Attorney, Gipson Hoffman and Pancione, Los Angeles, California, United States of America
Daniel Seng (pre-recorded video)
Director, LLM Programme in IP and Technology Law, Faculty of Law, National University of Singapore, Singapore
David Sutton
(pre-recorded video)
Lead Researcher, University of Reading, Reading, United Kingdom
Raquel Xalabarder
Dean, Chair of Intellectual Property, Open University of Catalonia, Barcelona, Spain
Joseph Fometeu
Head, Department Theory of Law
and Epistemology, Faculty of Legal and Political Sciences, N'Gaoundéré, Cameroon

Panel on archives

The panelists addressed various questions regarding preservation, access, copies, cross-border and other uses, including commercial use, in the context of archives, such as:

  • Under what conditions can archives reproduce archival material to make copies for preservation or replacement purposes [conditions could include works at risk, fragile works, rare works, works in obsolete formats, etc.]? Are the copies mostly in analogue format or digital format?
  • Do archives make digitized archival material accessible to visitors on terminals onsite, as well as offsite?
  • How do archives treat requirements/requests of other institutions outside the country’s jurisdiction?

Contributions from regional seminars

Mr. Meesaq Arif, Executive Director, Intellectual Property Office, Islamabad
Ms. Keitseng Monyatsi, Copyright Administrator, Gaborone
Mr. Claudio Ossa Rojas, Head, Intellectual Rights Department, Santiago de Chile

Panelists

Sharon Alexander-Gooding
University Archivist/Senior Assistant Registrar, University of West Indies, Wanstead, Barbados
Jamaa Baida
Director of Archives, Kingdom of Morocco, Rabat
Arnaud Beaufort
Deputy Director General and Director of Services and Networks, National Library of France, Paris
Valeria Falce
Legal Expert, Ministry of Cultural Heritage of the Permanent Committee for Copyright, Rome
Izaskun Herrojo
Director, Library-Newspaper, General Archive of the Nation, Santo Domingo
Paul Keller
Policy Advisor, European, Amsterdam
Elisa García Prieto
Archives Documentary Information
Centre, General Sub-directorate of State Archives, Ministry of Culture and Sports, Madrid
Sander van de Wiel
Head, Legal Department,
PICTORIGHT, Amsterdam

Panel on museums

The panelists addressed questions regarding preservation, access, copies, cross-border and commercial use in the context of museums, such as:

  • Do museums have any best practices for copying of works for preservation purposes (e.g. contracts with clear conditions for digitizing)?
  • Are there any specific internal guidelines or best practices allowing a museum to publicly display media works in its collection?
  • Do museums conduct any commercial activities? Do museums have rights regarding those activities? For example in catalogues?

Contributions from regional seminars

Ms. Diyanah Baharudin, Senior Legal Counsel, Intellectual Property Office, Singapore
Ms. Silvia Leticia García Hernández, Copyright Office, Guatemala City
Mr. Hezequiel Oira, IP Consultant, Kenya Copyright Board (KECOBO), Nairobi

Panelists

Fadi Boustani
Assistant Director, Research and Collections, Directorate, Louvre Museum, Paris
Jaime Castro
Legal Counsellor, Contracts Section of the Office for Cultural Affairs, Central Bank of Colombia, Bogota
Anna Despotidou
Legal Adviser to MOMus, Museums of Contemporary and Modern Art, Thessaloniki, Greece
Rainer Eisch
Artist, Dusseldorf, Germany
Fatma Naït Yghil
Director, Bardo National Museum, Tunis
Christopher Hudson
Senior Publisher, Museum of Modern Art (MoMA), New York, United States of America
Thierry Maillard
Legal Director, Society of Authors in Graphic and Plastic Arts (ADAGP), Paris
Gustavo Martins de Almeida
Counselor of the Museum of
Modern Art of Rio de Janeiro, Rio de Janeiro, Brazil
Katia Pinzón
Head, Contracts Section of the Office for Cultural Affairs, Central Bank of Colombia, Bogota
Reema Selhi
Legal and Policy Manager, Design and Artists Copyright Society (DACS), London
Asep Topan
Curator of Museum MACAN and Lecturer, Jakarta
Leena Tokila
Secretary General, Finnish Museums Association, Helsinki
Marina Tsyguleva
Head, Legal Services, State Hermitage Museum, Saint Petersburg, Russian Federation

Day two – October 19, 2019

Panel on libraries

The panelists addressed questions regarding preservation, access, copies, cross-border in the context of libraries, such as:

  • Do libraries allow users to have online access to works on terminals onsite or outside the premises of the libraries?
  • How many copies are users free to make for private use? And what’s the extent of the work that users can copy?
  • Do libraries loan works across borders? If yes, under which conditions?

Contributions from regional seminars

Ms. Ena’am Mutawe, Director, Public Relations and Media, National Library, Amman
Mr. John Asein, Director, Copyright Commission, Lagos
Ms. Jihan Williams, Registrar, Intellectual Property Office, Basseterre

Panelists

Guy Berthiaume
Former Head, Library and Archives of Canada, Ottawa
Liliane de Carvalho
Legal Advisor, Editions Madrigall, Paris
Kai Ekholm
Former Director, National Library of Finland, Helsinki
Dick Kawooya
Assistant Director, School of Library and Information Science, University of South Carolina, Columbia, South Carolina, United States of America
Rebecca Giblin
ARC Future Fellow, CREATe Fellow, Melbourne, Australia
Melissa Smith Levine
Director, Copyright Office, Library,
University of Michigan, Ann Arbor, United States of Americ
Carol Newman
General Manager, Jamaican Copyright Licensing Agency, Kingston
Luka Novak
Writer, Ljubljana
Jerker Ryden
Senior Legal Advisor, National Library of Sweden, Stockholm
Ran Tryggvadottir
Project Manager for Copyright, Ministry of Education and Culture, Reykjavík
 

Panel on educational and research institutions

The panelists addressed questions regarding access, copies and cross-border in the context of educational and research institutions, such as:

  • Can teachers and researchers make copies of works for teaching and research? If yes, is this activity subject to remuneration?
  • Does the legal framework in your country allow for the cross-border access to works on online learning platforms? If yes, under which conditions?
  • Do educational institutions in your country receive requests for access to works across borders?
Ms. Chantal Forgo, Burkinabe Copyright Office, Ouagadougou
Ms. Rashidah Ridha Sheikh Khalid, Director of Copyright Office, Kuala Lumpur
Mr. Gustavo Juan Schötz, Director Copyright Office, Buenos Aires

Panelists

Flavia Alves Bravin
Director for Higher Education Solutions and Publishing, Somos Educaçao, Sao Paolo, Brazil
Ana Maria Cabanellas
Publisher, Heliasta Publishing
Company, Buenos Aires
Michael W. Carroll
Professor of Law and Director, Program on Information Justice and Intellectual Property, American University Washington College of Law, Washington, D.C.
Richard Crabbe
International Textbook Publishing
Consultant, Accra
Dante Cid
Vice President for Institutional Relations in Latin America, Elsevier, Sao Paolo, Brazil
Mary Anne Ferry-Fall
Director General, Society of Authors in Graphic and Plastic Arts (ADAGP), Paris
Stephanie Foster
Chief Intellectual Property Officer and Associate General Counsel, Pearson, London
Michael Healy
Executive Director, International Relations, Copyright
Robert Jeyakumar
Assistant Secretary General, Malaysian Academic Movement (MOVE), Melaka, Malaysia

Caroline Ncube
Professor of Law, University of Cape Town, South Africa
Arnaud Robert
Vice-President, Legal and Public Affairs, Hachette Livre, Paris
Monica Torres
Education and Research Licensing Consultant, Madrid
Ben White
Researcher, Centre for Intellectual Property Policy & Management, Bournemouth University, Dorset, United Kingdom
 
 

The way forward and SCCR considerations

Speakers

Walid Abou Farhat, Advisor, Ministry of Culture, Beirut
Carden Conliffe Clarke, Deputy Registrar, IP and Commerce, Antigua and Barbuda
Aziz Dieng, First Technical Advisor, Ministry of Culture and Communication, Dakar
Jukka Liedes, Special Advisor to the Government of Finland, Helsinki
Ros Lynch, Copyright and IP Enforcement Director, United Kingdom Intellectual Property Office, South Wales, United Kingdom
Hu Ping, Director, Copyright Department, National Copyright Administration of China (NCAC), Beijing
Carolina Romero, Director General, Copyright Office, Bogota
Trajano Santana, Director General, National Copyright Office, Santo Domingo
Michael Shapiro, Senior Counsel, U.S. Patent and Trademark Office, Alexandria, Virginia
Edward Sigei, Executive Director, Kenya Copyright Board (KECOBO), Nairobi