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Copyright Limitations and Exceptions in the SCCR: A Timeline

Luca Schirru, Ben Cashdan and Sean Flynn / 20 November, 2025

The timeline presented below details the progression of discussions within the WIPO Standing Committee on Copyright and Related Rights (SCCR) regarding Limitations and Exceptions (L&Es) to copyright. This detailed chronology, spanning from 1996 to 2025, highlights the main proposals, studies, and key milestones concerning L&Es for various sectors, including visually impaired persons, libraries, archives, and educational institutions. It documents the formal inclusion of L&Es on the SCCR agenda, the development of numerous draft treaties and working documents, and the ongoing efforts to reach consensus and implement work programs. This document was prepared based on the documents available on WIPO’s SCCR Meetings webpage as compiled in Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; and Flynn, Sean, “Documentary History of the Limitations and Exceptions in the SCCR” (2025). Joint PIJIP/TLS Research Paper Series. 148. See PDF version below. Date Main Developments Short Description 1996 WIPO Internet Treaties Agreed Statement to Article 10 of the WCT affirmed that Contracting Parties may “carry forward and appropriately extend into the digital environment limitations and exceptions” and “devise new exceptions and limitations that are appropriate in the digital network environment.” SCCR/1: 1998 Establishment of the SCCR by the General Assembly (GA) decision. GA decision creating SCCR included a decision that the committee consider, amongst others, the topics of “Copyright, Related Rights, and Digital Technology” “to consider in particular the impact of digital technology and global information networks on copyright and related rights…”, the protection of audiovisual performances, the protection of databases and the protection of broadcasting organizations (SCCR 1/2). SCCR/8: 2002 L&Es as a matter for future review by the SCCR The item “implementation of the WCT and WPPT, particularly regarding provisions on technological measures of protection and limitations and exceptions” in the document “Short description of possible subjects for future review by the Standing Committee”, provides that “Concerns have been expressed about the possibility that an uncontrolled use of technological measures together with anti-circumvention legislation and contractual practices will allow rights owners to extend their rights far beyond the bounds of the copyright regime, to the detriment of public interest. At the same time, concern has also been expressed that a narrow definition of exceptions and limitations to the protection of technological measures will unduly restrict reasonable access to and use of protected works” (SCCR/8/2, p.6). SCCR/9: 2003 First SCCR study on limitations and exceptions First SCCR study of the topic of L&Es in the WIPO treaties: “WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment”, prepared by Mr. Sam Ricketson (SCCR/9/7). L&Es are also addressed in the “survey on implementation provisions of the WCT and WPPT”, prepared by the Secretariat (SCCR/9/6, “The following is a brief summary of the legislative provisions contained in the survey. The summary covers the following issues: […] exceptions and limitations”, p.2) SCCR/12: 2004 Proposal to include L&Es and part of the SCCR agenda Chile’s proposal (SCCR 12/3) to “the inclusion for the Twelfth Session of the Standing Committee on Copyright and Related Rights of the subject of exceptions and limitations to copyright and related rights for the purposes of education, libraries and disabled persons, in the current agenda item referring to “other issues for review”, which would become agenda item 4”. SCCR/13: 2005 Proposal on the Analysis of L&Es “Proposal by Chile on the Analysis of L&Es”, suggesting “three areas of work to be undertaken […] 1. Identification […] of national models and practices concerning exceptions and limitations. 2. Analysis of the exceptions and limitations needed to promote creation and innovation and the dissemination of developments stemming therefrom. 3. Establishment of agreement on exceptions and limitations for purposes of public interest that must be envisaged as a minimum in all national legislations for the benefit of the community; especially to give access to the most vulnerable or socially prioritized sectors” (SCCR/13/5, p.1). SCCR/14: 2006 Study on Automated Rights Management Systems and L&Es A study by Mr. Nic Garnett on “Automated Rights Management Systems and Copyright Limitations and Exceptions” (SCCR/14/5). 2007 WIPO Development Agenda Recommendations WIPO Development Agenda Recommendations, which included recommendations 14 and 17 on IP flexibilities; Rec. 19 access to knowledge and technology to foster creativity and innovation; Rec. 22 L&Es in norm-setting. SCCR/15 SSCR/S2: 2007 Study on L&Es. Proposal by Mexico on L&Es for Broadcasting A study prepared by Judith Sullivan: “Study on Copyright Limitations and Exceptions for the Visually Impaired” (SCCR/15/7). “Proposal by Mexico relating to article 10 ‘Limitations and Exceptions’”, prepared by the Secretariat (adding a paragraph (3) to article 10 on L&ES, SCCR/S2/4) SCCR/16: 2008 L&Es are formally included on the SCCR’s agenda Proposal by Brazil, Chile, Nicaragua, and Uruguay (SCCR 16/2, p.2) proposing that “that the Committee implement a plan taking into consideration those three levels of activities outlined in Chile’s 2005 submission, with the objective of achieving a consensus on minimum mandatory exceptions and limitations particularly with regard to educational activities, people with disabilities, libraries and archives, as well as exceptions that foster technological innovation.” SCCR/18: 2009 Presentation of proposal concerning a Treaty Proposed by WBU “Supplementary information on the WIPO studies on Limitations and Exceptions”, prepared by the Secretariat (SCCR/18/2, at SCCR/17, “it was agreed that ‘in order to update and complement the studies, governments are invited to submit to the Secretariat any supplementary information regarding their national law before February 1, 2009’”, p.1). “Draft questionnaire on Limitations and Exceptions” (SCCR/18/3, “the WIPO Secretariat was requested to prepare a draft questionnaire regarding exceptions and limitations, with particular emphasis on the issues regarding education, libraries and disabled persons”, p.2). “Stakeholders’ Platform: Interim Report, prepared by the Secretariat” (SCCR/18/4, “WIPO Secretariat invited various major stakeholders representing copyright rightholders and VIP interests to take part in two meetings with the aim of exploring their concrete needs, concerns, and suggested approaches in order to achieve the goal of facilitating access to works in alternative formats for people with disabilities”, p.2). “Proposal by Brazil, Ecuador and Paraguay, relating to Limitations and Exceptions: Treaty proposed by the World Blind Union (WBU)”, prepared by the Secretariat (SCCR/18/5, presented “as

The Importance of Copyright Exceptions for Teachers and Learners

by Dr. Mugwena Maluleke, President of Education International (EI) and General Secretary of the South African Democratic Teachers’ Union (SADTU) On 21 May 2025, the Constitutional Court in South Africa will consider the constitutionality of the Copyright Amendment Bill passed by parliament in 2019 and again in 2024. The new Bill introduces exceptions and limitations to copyright to allow educators to copy, share and adapt excerpts of copyrighted learning materials in the classroom. In this contribution to the debate, Mugwena Maluleke highlights the education crisis facing millions of learners, especially in Africa and the Global South, and the importance of copyright reforms that increase access to learning materials. This article was first presented as a keynote input to the Conference on “Copyright and the Public Interest in Africa and the Global South on 6th Feb 2025 in Cape Town. You can watch the video recording of this presentation here. Dear colleagues, It is an honour to join you today in Cape Town as we reaffirm our shared mission of ensuring equitable access to knowledge and protection of traditional knowledge for Africa. Without reiterating much of what Dr. Schönwetter has eloquently stated in his welcoming address, I extend my gratitude to all those involved in hosting this conference and to all of you attending. Thank you for your commitment to copyright law reform. Reflecting on my childhood in rural Limpopo, we were compelled to learn in English and later in Afrikaans, which led us to stand against the apartheid government in 1976. We were never given the opportunity to learn in our own language. This experience underscores the profound impact that learning materials have on a child’s potential in school. In the quest for knowledge equity, every child deserves the right to learn in their own language. Today, I stand before you not only as the President of Education International but also as the General Secretary of the South African Democratic Teachers Union, representing more than 70% of educators and education workers in South Africa. Charles Darwin, the father of evolution, once said, “It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able best to adapt and adjust to the changing environment in which it finds itself.” The Global Status of Teachers Report, launched on the International Day of Education, January 24 this year, revealed a shocking shortage of 44 million teachers worldwide. A major catalyst for this shortage is the inability to attract and retain teachers due to inadequate conditions for providing quality teaching. Debrah Ruh, a global inclusivity strategist, noted that “accessibility allows us to tap into everyone’s potential.” UNESCO’s Framework for Action recognizes knowledge as part of the right to education for a reason: it is crucial for teachers to have access to teaching and learning materials specifically designed for educational purposes. Fair copyright legislation is essential to enable teachers to adapt and use materials, enrich them, make them context-specific, decolonize our knowledge production and consumption in education, and address an increasingly diverse student body. DECOLONISATION OF KNOWLEDGE and DECRIMINALISATION OF TEACHERS Having mentioned decolonisation of knowledge production and consumption in education, I must add that this implores us to embark on a journey of decolonisation, peeling back the layers of oppression that have been ingrained in our consciousness. This is not merely an act of dismantling the physical symbols of colonialism, but a profound transformation of our mental landscapes. As we lift the veils of ignorance and prejudice, we must replace them with the light of wisdom and understanding. Decolonisation is a reawakening, a reclamation of our heritage and identity. May I also add that education is the bridge that connects our past struggles to our future triumphs. The right to education is a fundamental human right. Our teachers should not be criminalised for striving to provide quality education to our children. Unfortunately, copyright laws for education are often overly restrictive, creating barriers for teachers and the right to education. Global EI research shows that teachers in many Latin American and African countries are particularly disadvantaged by copyright legislation, forcing them to work in legal grey zones or stop using important teaching materials. The use of digital materials and adaptations for children with disabilities poses a particular challenge for the teaching profession. Among 37 countries studied in a recent report by wireless connectivity specialist Airgain, South Africa ranks as one of the worst countries for digital readiness. THE GLOBAL EDUCATION CRISIS Recent studies highlight the urgent need for improved access to education. The 2025 Global Estimates Update by Education Cannot Wait reveals that 234 million school-aged children in crises worldwide require urgent support to access quality education, an increase of 35 million over the past three years. Refugees, internally displaced children, girls, and children with disabilities are among the most affected. The report emphasizes that these growing needs are rapidly outpacing education aid funding and calls for urgent additional financing to address this global silent emergency. Access to appropriate learning materials is a key strategy for achieving the first means of implementation (4a) under SDG4. The supporting Framework for Action Education 2030 highlights access to learning materials as one of the core strategic approaches for implementing the goal: “Education institutions and programs should be adequately and equitably resourced, with safe, environment-friendly, and easily accessible facilities; sufficient numbers of quality teachers and educators using learner-centered, active, and collaborative pedagogical approaches; and books, other learning materials, open educational resources, and technology that are non-discriminatory, learning conducive, learner-friendly, context-specific, cost-effective, and available to all learners – children, youth, and adults.” At the heart of Education International’s Go Public, Fund Education campaign is the principle of putting people before profit. The message is clear: we want creators and authors of material to be compensated fairly, but we do not want intermediaries in the copyright business, such as publishers and streaming executives, to create profit margins that deter access to learning materials