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WIPO SCCR 47 Ends with Some Progress After Another Late Night

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The World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights negotiated its conclusions into the early morning hours of December 6 over the conclusions on a packed agenda. The meeting agreed to identify a series of specific articles of the Treaty on the Protection of Broadcast Organizations that lack consensus, to delay until next meeting the decision on how to begin text based negotiations on three proposals for work on an instrument on limitations and exceptions, and to begin work on studies of remuneration of audiovisual authors and on copyright and training of artificial intelligence tools. This note describes the major conclusions and positions of member states at the meeting. Below we also publish an edited transcript of the SCCR 47 public sessions.  Treaty for the Protection of Broadcast Organizations The Chair released a new draft Treaty for the Protection of Broadcasting Organizations with minor changes from the previous draft. After many sessions of the SCCR when it appeared that a conclusion of the broadcast Treaty might be near, this round ended with conclusion that many of the draft treaty’s provisions are far from reaching consensus. The Chair’s summary, in a break with those of the recent past, contained a detailed discussion of divergences that remain: 8. Regarding the first set of articles (articles 1, 9, 12, 13, 14, 16, 17), no concerns were raised about their current wording.  The second set of articles (articles 3, 4, 6, 10) received support in principle, although a few technical adjustments are still required either in the provisions or the explanatory notes.  With respect to the third set of articles, further in-depth discussions are needed in order to overcome the remaining differences, particularly on the topics of (i) rights contained in articles 7, 8 and the respective definitions (article 2), (ii) exceptions and limitations (article 11) and (iii) the functioning of the national treatment and reciprocity principles (article 5 and the interlink between articles 6, 7, 8, 9 and articles 10 and 15).  In plenary statements, the United States and the members of the African Group explicitly opposed moving the current Chair’s draft of the treaty to a diplomatic conference.  The African Group has long supported a narrow broadcast treaty and has repeatedly expressed concerns about potential unintended effects of a broader treaty on public interest uses and on competitive markets. At this SCCR, the Group made its most specific objections to particular provisions of the draft.  The African group stated its support for the conclusions of the Chair’s summary of SCCR 45, “notably that the treaty should be narrowly focused on signal piracy, should not extend to post-fixation activities, should provide Member States with flexibility to implement obligations through adequate and effective legal means and that the object of protection relates to program carrying signals linked to linear transmissions.” It criticized the current draft of the Treaty as veering outside of this zone of consensus. It specifically objected to: The Group identified several questions it requested the facilitators and proponents of the treaty to address, including: The African Group concluded that, “given the lack of consensus on numerous provisions, the African Group is of the view that the present text is not ready for a referral to a Diplomatic Conference.” It further restated its position “that the broadcasting treaty and the instrument on limitation and exceptions should progress together with a view to finalizing both instruments concurrently.” The United States largely repeated concerns about the scope of the draft treaty that it has made in previous SCCR and General Assembly meetings. It expressed disappointment that Articles 7 and 8, on fixation and post-fixation rights over stored programs, were retained in this draft despite its objections to these provisions in earlier meetings.  The EU, the primary demander of the Treaty, expressed some flexibility in confining the draft to conform to concerns raised by other members and recognized that “further technical clarifications are needed” on the present draft. The EU restated its support for a “future proof” treaty in which “retransmission by computer networks of broadcasting organization should be granted meaningful protection.” But it asserted some flexibility on this matter, stating that, “in order to achieve a compromise,” it is “ready to consider” the current option in the text for countries to opt out of covering broadcasting organizations that transmit exclusively via computer networks through a reservation. The EU did not, however, signal support for the narrowing of rights to exclude coverage of stored programs opposed by the United States and the Africa Group. Some other countries, including Russia, Japan, and Canada, noted the minimal changes in the current draft and urged that it progress toward the available consensus that could support a narrower treaty. India specifically called for consideration of “the option of incorporating mandatory limitations and exceptions.”  Brazil asserted that it was ready follow a consensus for the convening of a Diplomatic Conference based on the present draft, but asserted that “in case consensus is not possible by the end of this session, we propose to temporarily remove the topic from the agenda to enable consultations among interested parties, bringing it back to the Committee after sufficient convergence is identified.” Following plenary comments, the discussions of the Treaty moved into informal sessions in which, for the first time in recent memory, observers were not permitted to listen to the deliberations.  Limitations and Exceptions The limitations and exceptions agenda saw the introduction of three new texts. Responding to SCCR 46’s conclusion that the Chair “will prepare a document with concrete suggestions … for the implementation of the Work Program” on limitations and exceptions, the Chair published a Framework of Work Towards an Appropriate International Legal Instrument or Instruments on Limitations and Exceptions. The African Group published a Draft Instrument on Limitations and Exceptions for Libraries, Archives, Museums, Education and Research Institutions and People with Disabilities. The United States, during the SCCR meeting, published Updated Version of the Document “Objectives and Principles for Exceptions and Limitations for Libraries And Archives” and

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Analysis of Agenda Items for WIPO SCCR 47

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This note, which will be presented at the November 25, CKG Workshop on SCCR 47, provides background information, links to recently published research and analysis, and descriptions of the issues that may be addressed in the 47th meeting of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, December 1-5, 2025. It is published as part of the mission of the Centre on Knowledge Governance to produce information and analysis to promote the public interest in multilateral knowledge governance negotiations. The analysis is presented in the order that the items occur on the SCCR 47 Agenda. 

Blog, Broadcast Treaty, Centre News, WIPO GA, WIPO-SCCR

Centre publishes new analysis on broadcast, limitations and exceptions

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This week our research team published a series of new reports. These relate to the work streams in the upcoming Standing Committee on Copyright and Related Rights (SCCR) at the World Intellectual Property Organization (WIPO). Analysis of Agenda Items for WIPO SCCR 47by Sean Flynn This note, which will be presented at the November 25, CKG Workshop on SCCR 47, provides background information, links to recently published research and analysis, and descriptions of the issues that may be addressed in the 47th meeting of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, December 1-5, 2025. It is published as part of the mission of the Centre on Knowledge Governance to produce information and analysis to promote the public interest in multilateral knowledge governance negotiations. The analysis is presented in the order that the items occur on the SCCR 47 Agenda.  Tracing a Century of Broadcasting Rights Debates: 1928–2025Luca Schirru and Sean Flynn This report provides a detailed view of developments concerning broadcasting rights within international copyright law, beginning with the 1928 Rome Revision of the Berne Convention and continuing through the latest SCCR discussions. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. Copyright Limitations and Exceptions in the SCCR: A TimelineLuca Schirru, Ben Cashdan and Sean Flynn The timeline details the progression of discussions within the WIPO 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. Comparison of Proposed Texts on Limitations and Exceptions in SCCR 47Jonathan Band Two new documents have been introduced for the Limitations and Exceptions agenda item: the African Group’s “Proposal on Limitations and Exceptions” (SCCR/47/5) and the Chair’s “Text Proposed” (SCCR/47/8), alongside the earlier U.S. proposal “Limitations for Libraries and Archives” (SCCR/44/5). The tables identify common elements among the three documents and additional areas shared by the Chair and African Group texts, suggesting significant areas of commonality and that further text-based work towards an international legal instrument can start with these documents. Justifications for an Instrument on Copyright Limitations and ExceptionsAditya Gupta and Sean Flynn The authors summarise justifications for an international instrument on limitations and exceptions (L&Es) to copyright, and for expanded limitations and exceptions more generally. The justifications are taken from a review of academic literature. Researchers have posited that such an instrument is necessary to counteract the existing “minimum protection approach” of international treaties, which often prioritizes copyright holders over the public interest, access to knowledge, and competition and development concerns. Is the draft Broadcast Treaty consistent with the General Assembly mandate?Sean Flynn WIPO published a new draft of the proposed Broadcasting Organizations Treaty as SCCR/47/3, which does not differ in its main provisions from previous drafts and raises questions about whether it fulfils the mandate of earlier WIPO General Assemblies. The analysis focuses on substantive changes and controversial provisions, addressing whether there is sufficient “agreement on objectives, specific scope and object of protection”. Four new proposals for SCCR 47Ben Cashdan WIPO has published four new proposals on ways forward for key work streams in the SCCR, scheduled for 1–5 December 2025. The proposals concern exclusive rights for broadcasting organisations, disparities in the remuneration of performers, limitations and exceptions to promote education, research and access to knowledge, and ensuring fair copyright royalties for creators in the digital environment.

Blog, Broadcast Treaty, WIPO GA, WIPO-SCCR

Tracing a Century of Broadcasting Rights Debates: 1928–2025

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This timeline provides a detailed view of the developments concerning broadcasting rights within international copyright law. It begins with the 1928 Rome Revision of the Berne Convention, which initially introduced these rights, and tracks major milestones such as the 1961 Rome Convention and the rise of satellite broadcasting in the mid-1960s. The majority of the timeline focuses on the intensive, multi-year negotiations held under the WIPO Standing Committee on Copyright and Related Rights (SCCR), which formally began addressing the protection of broadcasting organisations in 1998. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. The information concerning the pre-SCCR period (1928–1998) was extracted from Vyas, Lokesh; Schirru, Luca; and Flynn, Sean, The (Long) Road to the Broadcast Treaty: A Brief History (Infojustice, 2025). The remaining sections were prepared based on the documents available on WIPO’s SCCR Meetings webpage (e.g. “Report”, “Conclusions” and “Summary by Chair”) and on Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; McGee, Katie; Misto, Yara; and Flynn, Sean Michael Fiil, Documentary History of the Broadcast Treaty in the SCCR (Global Version) (2025), Joint PIJIP/TLS Research Paper Series, 145. See PDF version below. Date Main Developments Short Description 1928 Rome Revision of the Berne Convention Article 11bis introduced broadcasting rights into international copyright law, marking the entry of broadcasting into the global copyright framework. 1948 Brussels Revision of the Berne Convention Added changes and clarifications to Article 11bis. 1961 Rome Convention Adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961). The Convention covered only “wireless” transmissions, whether the treaty applied to broadcasts transmitted via satellites 1965 Rise of Satellite Broadcasting With the emergence of orbiting and geostationary satellites, broadcasting organizations began demanding protection against signal piracy (noted by Delia Lipszyc). 1967 Stockholm Revision of the Berne Convention. Introduced further modifications to broadcasting rights but limited protection to live wireless broadcasts. 1968–1969 Intercontinental satellite television broadcasts Global discussions began on the legal challenges of intercontinental satellite television broadcasts. 1971–1974 UNESCO and BIRPI Expert Committees Committee of Governmental Experts (UNESCO & BIRPI) met in: Lausanne (1971); Paris (1972);Nairobi (1973). These meetings laid the foundation for the 1974 Brussels Diplomatic Conference. 1973–1974 Parallel Negotiations Alongside the Brussels Convention, an Intergovernmental Committee under Article 32 of the Rome Convention developed a model law on the protection of performers, producers of phonograms, and broadcasting organizations. 1996 WIPO Internet Treaties During negotiations of the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), there was renewed momentum for a separate treaty on broadcasting, leading to the establishment of the Standing Committee on Copyright and Related Rights (SCCR). 1998 SCCR Agenda The protection of broadcasting organizations was formally added to the agenda of the SCCR, created by the 32nd WIPO Assemblies (March 25–27, 1998). SCCR/1: 1998 Existing legislation on broadcast  Memorandum about the “Existing International, Regional and National Legislation Concerning the Protection of the Rights of Broadcasting Organizations” (SCCR/1/3). SCCR/2: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  Documents on the “Protection of the Rights of Broadcasting Organizations Submissions Received from Member States of WIPO and the European Community” (SCCR/2/5) and “from Non-Governmental Organizations” (SCCR/2/6; SCCR/2/6/REV) and “Addendum Concerning the Submission by the National Association of Commercial Broadcasters in Japan (NAB-Japan)” (SCCR/2/6 ADD.). Submissions by Mexico (SCCR/2/7) and by the United Nations Educational, Scientific and Cultural Organization (UNESCO) (SCCR/2/8) on the “Protection of the Rights of Broadcasting Organizations”. “Report on the Regional Roundtable for Central European and Baltic States on the Protection of the Rights of Broadcasting Organizations and on the Protection of Databases, Held in Vilnius, from April 20 to 22, 1999”,  submitted on behalf of Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic,  Hungary, Lithuania, Romania and the Slovak Republic (SCCR/2/10 REV.); “Submission by Cameroon” (SCCR/2/12, presenting the “state of Cameroonian legislation on the protection of broadcasting organizations” and “proposals for the strengthening of the international protection of broadcasting organizations”, pp.2-3).  SCCR/3: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  “Report of the Regional Roundtable for African Countries on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Cotonou, from June 22 to 24, 1999”, submitted on behalf of Benin, Burkina Faso, Cameroon, Ghana, Guinea, Kenya, Malawi,  Mali, Mauritius, Niger, Nigeria, South Africa, Togo and United Republic of Tanzania (SCCR/3/2); Proposal on the “Protection of the Rights of Broadcasting Organization” submitted by Argentina (SCCR/3/4); Proposal on the “Protection of Audiovisual Performances; Protection of the Rights of Broadcasting Organizations”, submitted by  United Republic of Tanzania (SCCR/3/5); “Statement Adopted at the Regional Roundtable for Countries of Asia and the Pacific on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Manila, from June 29 to July 1, 1999”, submitted by Bangladesh, China, Fiji, India, Indonesia, Mongolia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Viet Nam (SCCR/3/6). SCCR/4: 2000 Invitation to submit proposals “59. The Standing Committee decided to invite governments to submit […] proposals in treaty language […].” (SCCR/4/6 Report, p.12) SCCR/5: 2001 Different proposals and a comparative table Proposals on the “Protection of Broadcasting Organizations” submitted by Kyrgyzstan (SCCR/5/2), Sudan (SCCR/5/3), and Japan (SCCR/5/4). “Protection of the Rights of Broadcasting Organizations: Comparative Table of Proposals Received by April 30, 2001”, prepared by the Secretariat (SCCR/5/5). “The Standing Committee made the following decision: […]  B. Rights of Broadcasters: (i) the issue would be the main point on the Agenda of the next meeting of the Standing Committee; (ii) the Secretariat would invite the Governments and the European Community to submit additional proposals on this issue, preferably in treaty language[…]” (SCCR/5/6).  SCCR/6: 2001 Multiple submissions on the topic of the rights of broadcasting organizations Proposals on the “Protection of the Rights of Broadcasting Organizations”, submitted by the European Community and its Member States (SCCR/6/2)

Blog, Education, Libraries, WIPO GA, WIPO-SCCR

Copyright Limitations and Exceptions in the SCCR: A Timeline

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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

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Comparison of Proposed Texts on Limitations and Exceptions in SCCR 47 

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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

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Justifications for an Instrument on Copyright Limitations and Exceptions

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The mandate for working on an international instrument on limitations and exceptions (L&Es) at the World Intellectual property Organization (WIPO) is rooted in the principle of maintaining a “balance between the rights of authors and the larger public interest, particularly education, research and access to information,” as articulated in the Preamble to the 1996 WIPO Copyright Treaty (WCT). The issue has been on the WIPO agenda since 2004, driven initially by proposals from Chile and several other countries in Latin America, and subsequently supported strongly by the African Group. The formal mandate for continued work on L&Es—specifically for libraries and archives, education and research institutions, and ‘other disabilities’—stems from a 2012 mandate from the General Assembly (WO/GA/41/14), which called for continuing discussions “to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms)”. This process was accelerated when the African Group’s proposal for a Work Program on L&Es was adopted in 2023 (SCCR/43/8 REV), reaffirming the goal to move towards “the adoption of an appropriate international legal instrument or instruments on exceptions and limitations”, with subsequent drafts, such as SCCR/44/6 (November 2023), setting out detailed methodologies and processes intended to facilitate text-based negotiations on the subject. A draft instrument on limitations and exceptions was submitted by the African Group in October 2025 (SCCR/47/5) Below we summarise justifications for an international instrument on limitations and exceptions (L&Es) to copyright, and for expanded limitations and exceptions more generally. The justifications are taken from a review of academic literature. Researchers have posited that such an instrument is necessary to counteract the existing “minimum protection approach” of international treaties, which often prioritizes copyright holders over the public interest, access to knowledge, and competition and development concerns. To download or print this analysis, see the pdf version below. Benefits of International Harmonization Counterbalance to minimum protection approach; Promoting L&E reform. International copyright treaties have primarily followed a “minimum protection approach” with the result many (especially developing) countries reform laws to meet the evolving international landscape on copyright protection without updating limitations and exceptions. Following the 1996 Internet Treaties, for example, most countries have protections that cover digital works, but often lack the updates necessary to apply exceptions to digital uses. An instrument on L&E can help guide copyright reform to better recognize “the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, as reflected in the Berne Convention.” (WCT Preamble). A key example is the Marrakesh treaty, which has promoted extensive reform in exceptions for people with disabilities.  (Geiger and Jütte 2024; Hilty et al. 2021; Longan 2023; Majekolagbe 2025) Defending positive reform An instrument on L&Es would help defend reform efforts against claims that broadening L&Es would violate the international three step test.   (Asay 2021; Okediji and Hugenholtz 2008) Eliminating anticompetitive effects Harmonizing L&Es across international borders can help combat anticompetitive behavior. For example, firms have used inadequate copyright exceptions to inhibit generic pharmaceutical labeling, reverse engineering to create competing products, etc.  (Okediji 2018; Okediji and Hugenholtz 2008) Enabling Cross-Border Use Harmonizing L&Es can help promote cross border uses of materials relying on exceptions, such as a research corpus, educational texts, contents of libraries and archives, etc.   (Flynn et al. 2020; Trimble 2025) Benefits of More Open L&Es for Social and Economic Development Promoting ongoing authorship L&Es promote free expression and authorship that builds upon existing works for subsequent creations such as commentaries, biographies, critical reviews, satire and parody, and other transformations. (Hilty et al. 2021; Samuelson 2018; Yoo 2021) Promoting research (empirical) More open exceptions for research uses are associated with higher levels of academic production and publication, including of projects using computational research that requires making digital copies of whole works (aka text and data mining).  (Flynn and Palmedo 2019; Handke, Guibault, and Vallbé 2021; Palmedo 2019)  Supporting functions of public institutions L&Es enable institutions like libraries and archives to fulfill essential public functions, such as digitization, preservation, making replacement copies, and providing document delivery for research. (Lindsay and Greenleaf 2018; Majekolagbe 2025; Samuelson 2018) Promoting the Dissemination of Knowledge L&Es such as education and research exceptions enable wider dissemination of information through digital platforms, such as for online learning, sharing research files, etc., that can contribute to development and economic and social advancement. (Lindsay and Greenleaf 2018; Okediji 2018; Okediji and Hugenholtz 2008) Promoting Innovation and Competition L&Es foster commerce, competition, and innovation by limiting exclusive rights that might otherwise impede the development of derivative products and services such as interoperable software, recording and storage devices (from the VCR to the cloud), and search and indexing of webpages.  (von Lohmann 2008; Samuelson 2018) Promoting Innovation (Empirical) More open user rights environments are associated with higher firm revenues in information industries, including software and computer systems design, and in complementary industries (e.g., ISPs, web hosts) by legally allowing consumers to copy and share content. This in turn promotes investments in new technological innovation (Flynn and Palmedo 2019; Palmedo 2021) Bibliography  The pdf version follows below:

Blog, Broadcast Treaty, WIPO-SCCR

Is the draft Broadcast Treaty consistent with the General Assembly mandate?

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The World Intellectual Property Organization (WIPO) recently published a new draft of the proposed Broadcasting Organizations Treaty as document SCCR/47/3 in preparation for the 47th meeting of the Standing Committee on Copyright and Related Rights (SCCR/47) in December 2025. The draft does not differ in its main provisions from previous drafts, and this raises questions as to whether the document fulfils the mandate given to the SCCR by previous WIPO General Assemblies. Below we provides an analysis of the chair’s draft edits. We focus on the substantive changes in SCCR 47/3 as well as on the more controversial provisions, most of which are unchanged in this draft. The central question for the Broadcasting Treaty, in line with the 2007 General Assembly Mandate, is whether there is sufficient “agreement on objectives, specific scope and object of protection” to warrant a recommendation for a diplomatic conference. (WO/GA/34/16). The 2006 WIPO General Assembly mandated that the Broadcasting Treaty be “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006). Key issues include whether the treaty should include any exclusive rights, rather than only general obligations to prevent piracy (similar to its current Art. 10 and to the substance of the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite); whether it should extend to rights of fixation and to “stored programmes”; whether to enable remuneration schemes for retransmissions; and how to broaden the limitations and exceptions to ensure that broadcast rights cannot prohibit uses permitted by copyright exceptions. To download or print this analysis, see the pdf below. Analysis and commentary by section on the latest draft of the Broadcast Treaty Updated Broadcast Treaty. New text in SCCR 47/3 in green.   Comments and Suggestions 2. Definitions SCCR 47 added:  2.06 In the Draft Text, there is no definition of the term “broadcast”.  The object of protection of the Treaty is the transmission of the programme-carrying signal, which constitutes the broadcast.  The broadcast represents the output of the activity in which a broadcasting organization is engaged, namely “broadcasting”, which is already defined in item (a). Furthermore, the term “broadcast” is not employed in the Draft Text. (g) “stored programmes” means programmes, which a broadcasting organization owns or regarding which it has acquired transmission rights with the intention of including them in its linear transmission, or which have originally been transmitted in a linear transmission by a broadcasting organization, For those that want to extend protections of the treaty to streaming on the Internet, a key challenge is how to achieve this goal while limiting any protection to traditional broadcasters rather than to streaming companies such as YouTube, Spotify, etc.  The definition of a broadcasting organization applies to any organization that “takes the initiative and has the editorial responsibility for the transmission, …; the programmes of a broadcasting organization form a linear programme-flow.” “Linear program flow” means scheduled programming. Internet streaming companies often show some scheduled programming and thus could be considered covered broadcasting organizations. The definition of “stored programmes” attempts to limit application to more traditional broadcasters by requiring that such programs be owned or licensed “with the intention of including them in its linear transmission.” Most of the content from streaming companies is not intended to be included in a linear transmission.  There is a policy question about why there is a need to cover stored transmissions at all. As the definition notes, such programs are normally either owned or licensed by the broadcaster, which then would have all copyright rights to combat piracy of the programs.  Commenters have offered changes to restrict the scope of the treaty to traditional broadcasting. Hugenholtz (2023) proposes that the definition of covered broadcasts exclude transmission of stored programs on demand by covering only “simultaneous reception by the general public of a programme-carrying single, where the programmes are provided in a prescheduled and linear order.” This is similar to the Rome Convention, which defines “rebroadcasting” as “the simultaneous broadcasting by one broadcasting organisation of the broadcast of another.”  Love advises adding that the signal be “from a single source point to multiple recipient points,” which would exclude on demand point-to-point transmissions.  Article 3: Scope of Application (2) The provisions of this Treaty shall apply as well to the protection of programme-carrying signals of the broadcasting organizations used in their transmissions when providing access to the public to the stored programmes of the broadcasting organizations.… (6) Contracting Parties may, in a notification deposited with the Director General of WIPO, declare that they exclude broadcasting organizations that exclusively transmit their linear programme-carrying signals by means of computer networks from the scope of application of this Treaty.  Such notifications may be deposited at the time of ratifications, acceptance or accession, or at any time thereafter; in the last case, it shall become effective six months after it has been reposited. The treatment of webcasters has long been a controversial issue in the negotiation, with some arguing that to be limited to traditional broadcasting the treaty should exclude application to webcasts that never make use of traditional airwave-based broadcasting. Proponents of such extension point to the transition of some providers to web-only transmission.   The draft makes clear that countries may exclude webcasters through a reservation.  To limit the text to traditional broadcasting, Art. 3(2) and (6) could be deleted.  Article 6 Right of Retransmission to the Public […]  (2) Any Contracting Party that, before the entry into force of this Treaty, did not provide a right under paragraph (1) to broadcasting organizations in respect of entities that merely retransmit programme-carrying signals for the reception by the public while providing reasonable remuneration to rightholders of the programmes carried by such signals, may continue such a domestic legislative arrangement. One problem with giving broadcasters a right to prevent retransmissions to the public of their signals is that many countries require such retransmissions, for example to carry public broadcasts over cable, internet, or other forms of service that

Blog, WIPO-SCCR

Four new proposals for SCCR 47

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The World Intellectual property Organization (WIPO) has published four new proposals on ways forward for some of its key work streams in the Standing Committee on Copyright and related Rights (SCCR), to take place from 1st to 5th December 2025. The proposals concern:(i) Exclusive rights for Broadcasting Organisations to protect their content(ii) Addressing Disparities in the Remuneration of Performers(iii) Limitations and Exceptions to Copyright to promote Education, Research and Access to Knowledge, and(iv) Ensuring Fair Copyright Royalties for Creators in the digital environment across the world. Here are the proposals in more details, with links to the source documents and to our analysis. Document Number Title Description Submitted by SCCR/47/3 A new draft of the WIPO Broadcasting Organizations Treaty. This aims to reflect the views of member states expressed at the previous SCCR and also at the WIPO General Assembly in July 2025. It addresses the issue of enhanced and updated protection for broadcasting organizations concerning their programme-carrying signals, which has been on the WIPO agenda since 1998. But does it give broadcasters and streamers too many exclusive rights? See our analysis of the latest draft. SCCR Chair, Vice-Chair, and facilitators SCCR/47/4 A proposal for a Study on the Rights of Audiovisual Performers and their Payment Mechanisms for the Exploitation of their Performances. This requests WIPO to commission a study on the situation of audiovisual performers, examining the legal and economic frameworks governing performers’ rights worldwide, and how these influence payments received for the use of audiovisual performances, especially on digital and on-demand platforms. It aims to assess the impact of the Beijing Treaty on Audiovisual Performances and identify best practices in ensuring performers receive fair payment. African Group SCCR/47/5 A draft Instrument on Limitations and Exceptions for Libraries, Archives, Museums, Education and Research Institutions and People with Disabilities. The draft instrument recognizes the need to maintain a balance between the rights of authors and the larger public interest, such as education, research, and access to information. It specifies permitted uses for education and research, cultural heritage, and for people with any disability that requires accessible formats.See our summary of justifications for L&Es. African Group SCCR/47/6 A proposal for a Legally Binding Instrument on the Governance of Copyright Royalty in Digital Environment: Promoting a Fair Chance in a Globalized World. This working paper proposes a legally binding international instrument to govern copyright royalties in the digital environment. It addresses the disparity between developed and developing countries regarding royalty collection and distribution mechanisms. It identifies four key challenges: the governance of royalty collection and distribution, mechanisms for royalty allocation, the centralization of a global copyright database, and disparities in copyright royalty valuation.Watch our contributions to the remuneration debate Indonesia

Blog, WIPO-SCCR

Excerpts from Delegation Statements on the SCCR at the 2025 General Assembly

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In a previous blog post, we analyzed the statements of regional groups and delegations during the 2025 WIPO General Assembly review of the Standing Committee on Copyright and Related Rights (SCCR). Here we share fuller excerpts of those statements, which may be useful to researchers and others closely following the Committee’s work.  Pakistan – APG “We reaffirm our support for the conclusion of a fair and inclusive broadcasting treaty. The group recognizes the need to narrow gaps and build consensus in line with the mandate of the Committee. We urge continued constructive engagement by all Delegations during upcoming SCCR sessions without prejudging whether the Committee is in a position to recommend the convening of a Diplomatic Conference.  The group reiterates its longstanding support for meaningful work on limitations and exceptions, particularly for libraries, archives, museums, educational and research institutions and persons with other disabilities. Ensuring the preservation of an access to knowledge remains a key priority for this group. The APG is of the view that the limitations and exceptions agenda is essential to enabling inclusive access to knowledge, education and culture, especially in developing countries. We welcome the consensus within the Committee to continue discussions on this important item and support endeavors to advance the implementation of the work program.  We reiterate the increasing relevance of discussions on copyright in the digital environment, especially the evolving implications of generative artificial intelligence on copyright. The group supports the continuation of information sessions and discussions in this regard. The APG also notes the interest expressed to discuss other topics at SCCR. While we remain open to dialogue, there is a need to ensure that the Committee’s workload is balanced and aligned with the needs of all Member States.” Japan – Group B “Group B would like to emphasize the importance of working towards progress in the discussions on the draft Treaty on the protection of broadcasting organizations with a view to addressing the legal use of program carrying signals. In order to achieve a meaningful agreement within this Committee, sufficient time should continue to be allocated to this standing agenda item.  For the Agenda Item limitations and exceptions, it would be reiterated that the work under this Committee should follow the scope and parameters as identified in the work program adopted at SCCR 43. We are committed to engaging in further constructive discussions on this issue. Finally, Group B welcomes the informative exchanges held during the information session on generative AI as it relates to copyright. Given the rapidly evolving AI technology landscape, we consider balanced discussions among Member States and stakeholders covering both opportunities and challenges to be highly valuable. Accordingly, we look forward to the follow-up session at SCCR 47.” China  “This Delegation supports the SCCR in continuing discussing protection of broadcasting organizations, limitations and exceptions, and as well as other agenda items. [We support] reaching an agreement on substantive issues in terms of protection of broadcasting organizations to lay a foundation for the convening of a Diplomatic Conference. Relevant study should be carried out in depth to promote discussions on exceptions and limitations. On other agenda items, in particular Copyright in the digital environment including generative AI in relation to copyright, this Delegation will enhance communication with WIPO and other related parties.” Estonia – CEBS  “We would like to reiterate our firm commitment to advancing towards the conclusion of a meaningful Treaty for the Protection of Broadcasting organizations. We support a Treaty that adequately reflects the technological realities of the 21st century and ensures appropriate and effective protection against signal piracy. The CEBS group has long supported the convening of a Diplomatic Conference and considers that we are now approaching a point of readiness for final negotiations. We remain committed to a future-oriented Treaty that meets the current needs of broadcasting organizations and accommodates the challenges posed by the digital environment and rapid technological developments. The CEBS group looks forward to considering the Chair’s revised text at the upcoming SCCR session. We hope this will pave the way for a robust and balanced legal instrument that also provides equal protection for transmissions over computer networks and supports the global fight against signal piracy. With regard to the Committee’s work on limitations and exceptions, the CEBS group continues to recognize the vital role played by libraries, archives and museums in the dissemination of knowledge, information and culture as well as in the preservation of our shared history. We also attach high importance to the work of educational and research institutions and to ensuring access to copyright protected works for persons with disabilities. As we have consistently stated, our group does not support pursuing an internationally legally binding instrument in this area. Instead we are open to exploring possible nonbinding instruments and best practice tools that can help Member States implement effective and context sensitive exceptions and limitations at the national level. We look forward to reviewing the document to be prepared by the Chair and Vice Chair and to continuing our constructive engagement in the discussions at the upcoming SCCR session. The CEBS group welcomes the continued exchange of information on the intersection of copyright and artificial intelligence. We appreciated the information session on generative AI held at the last session which provided valuable insights into the challenges and opportunities that AI poses to the copyright system. We are pleased that the follow-up information session will take place at SCCR 47.  With regard to other matters on the Committee’s agenda, the CEBS group would like to reiterate its view that should the SCCR agenda be expanded to include additional items in the future, the authors’ resale right would be a valuable and relevant topic to be considered as a standing item. We are also carefully analyzing the proposals put forward under the agenda item copyright in the digital environment and remain committed to engaging constructively in these discussions.”  Ecuador – GRULAC  “GRULAC reiterates the importance of the work of this Committee regarding work in trying to reach a

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