Two documents have been introduced in connection to the Limitations and Exceptions agenda item for SCCR 47 Previously we already had a third document Below are two tables. The first identifies common elements among the African Group Proposal, the Chair’s Text, and the US proposal. The second table identifies common elements addressed by the African Group Proposal and the Chair’s text, but not included in the U.S. document. (It should be noted that the African Group’s Proposal also includes provisions not in the U.S. document or the Chair’s text.) As the attached tables demonstrate, there are significant areas of commonality among all three documents; and even more between the Chair’s text and the African Group Proposal. This suggests that further text-based work in the Committee towards an international legal instrument or instruments concerning exceptions and limitations can start with these documents. PDF version below Table 1: Common Elements in United States Objectives and Principles for Exceptions and Limitations for Libraries and Archives, African Group Proposal, and Chair’s Proposed Text U.S. Objectives and Principles African Group Proposal Chair’s Text National Exceptions Encourage Member States to adopt well-focused exceptions and limitations in their national laws that are consistent with their international obligations, including the three-step test, and facilitate the public service role of libraries and archives, and maintain the balance between the rights of authors, artists and publishers, and the public interest, particularly in research, education, preservation, and access to information. (p. 2) Encourage Member States, when adopting or revising exceptions and limitations for libraries and archives, to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 2) Contracting Parties shall take all appropriate measures to respect, protect and fulfill the right to receive education and conduct research through appropriate exceptions and limitations in their national laws, consistent with their international obligations, maintaining the balance between the rights of authors and the larger public interest. (p. 15) Member States shall provide an appropriate balance in their copyright and related rights system through limitations and exceptions for the public interest, including for education; research; freedom of expression uses such as for quotation, comment, criticism, review, caricature, parody and pastiche; access to information and news reporting; preservation of cultural heritage; and to facilitate access for persons with disabilities. (p. 15) Contracting Parties shall update, carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention, especially under article 10(1) and 10(2), and devise new exceptions and limitations that are appropriate in the digital environment to protect educational and research activities. (p. 15) Limitations and exceptions are an integral part of a balanced copyright system and should contribute to quality preservation, access, education and research, as well as to expand opportunities for all persons with disabilities to fully participate in the cultural life of the community, to enjoy the arts, and to benefit from scientific progress. (p. 6) Promote cooperation among institutions at national, regional and international levels. (p. 6) Research and Education Encourage Member States to enable libraries and archives to carry out their public service role of advancing research and knowledge by adopting exceptions and limitations for purposes of research and scholarship, and to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 3) It shall be permissible to use a work or other subject matter for educational or research purposes to the extent justified by the purpose and provided such utilization is compatible with fair practice. (p. 19) Facilitate access to works for cultural, educational and research purposes, including through digital and online tools, and across borders. (p. 5) Enable cultural heritage institutions as well as educational and research institutions to provide copies and enable access to works to researchers, teachers, students and the public, under appropriate conditions. (p. 5) Preservation Encourage Member States to enable libraries and archives to carry out their public service role of preserving works by adopting exceptions and limitations for their preservation activities, and to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 3) Exceptions and limitations can and should enable libraries, archives, and museums to carry out their public service role of preserving works that comprise the cumulative knowledge, heritage, and culture of the world’s nations and peoples. (p. 3)[E]xceptions and limitations can and should enable libraries, archives, and museums to make copies of published and unpublished works, including highly ephemeral materials, for purposes of preservation and replacement, under certain appropriate circumstances. Those circumstances may include preservation and replacement in both analog and digital formats, or migration of content from obsolete storage formats to more stable formats on an ongoing basis, as reasonably necessary and as incidental to technology for a specific, limited preservation purpose. (p. 3) Contracting Parties shall provide for a limitation or exception to the right ofreproduction in order to allow cultural heritage institutions to make copies of any works or other subject matter that are permanently in their collections, in any format or medium, for the purposes of preservation of such works or other subject matter and to the extent necessary for such preservation. (p. 29) For purposes of this Instrument, “cultural heritage institution” means a publicly accessible library or museum, an archive, or a film or audio heritage institution. (p. 31) Support the preservation of cultural heritage by libraries, archives and museums and other not-for-profit entities performing equivalent functions. (p. 4) Enable cultural heritage institutions to make copies of works, whether published or unpublished, for the purposes of preservation or replacement, including highly ephemeral materials. Such copies may be made in analog or digital formats, and during technological migration, provided they are necessary and incidental to a specific preservation purpose. (p. 4) Enable the preservation of and remote digital access to works, including cross-border, under secure conditions and promote the respect of adequate and effective
