Global Expert Network on Copyright User Rights – Centre on Knowledge Governance

User Rights Network on SCCR Calls for Progress

Sean Flynn / 10 July, 2025

The following statement was delivered by Professor Sean Flynn on behalf of the Global Expert Network on Copyright User Rights at the World Intellectual Property Organization General Assembly meeting on the Standing Committee on Copyright and Related Rights. …. I speak on behalf of the User Rights Network of copyright academics around the World. I found Ms Forbin’s opening statement to be quite striking. The Broadcast and the Limitations and Exceptions topics can indeed be traced back over a quarter of a century. Both date back to the 1996 Internet Treaties where the broadcast issue was removed and an agreed statement adopted calling for adaptation of exceptions for the digital environment. Both issues were on the initial agenda of the SCCR that was created by the GA in 1998. Of course the increased participation in the Committee and the lack of speedy work is not really a paradox but a reflection of the importance and contested nature of some of the issues. But as an outside observer, I would say that conclusions of both agenda items are fairly clear and achievable. On L&E, the GA Decision of 2012 statement sets the goal. Which is not only thematic events and tool kits as some observers here called for. The 2012 General Assembly mandated “work towards an appropriate international legal instrument or instruments” on limitations and exceptions. (WO/GA/41/14). Instruments. Not just events and guides. We commend the SCCR’s adoption of the Work Program in SCCR 43 to progress toward the mandate. That Work Program contains innovative modalities of the kind Ms Forbin may have been referring to, including intercessional work. Importantly, the Work Program does not prejudge the nature of the instrument. Today, I heard the EU and the US agree to work on at least soft law instruments on L&Es. I have heard all education and research stakeholders state that such soft laws would be helpful. So that seems to be a landing point. On Broadcast, there would be little opposition to the text if the fixation and post fixation rights were removed. But there will be continued resistance as long as those provisions are in the text. The Broadcast Treaty should also ensure that broadcast rights cannot be more extensive than copyright protection on the same materials. This is not yet the case with the current draft. But this is a pretty easy technical fix. I join the comment form KEI in thinking the possible landing zones on these issues are fairly clear. There may indeed be a need for innovative modalities to reach them. The SCCR agenda right now contains a whole host of issues. There must be 10 or 12 different agenda items that are talked about every time. So perhaps there should be some innovative modalities to concentrate the discussion, special sessions devoted to particular topics, for instance. We are of course happy to work with delegations on these and other important issues.

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Highlights from the Global Expert Network on Copyright User Rights Symposium 2025: Principles for Digital Copyright

Luca Schirru and Sean Flynn / 23 June, 2025

The Global Expert Network on Copyright User Rights Symposium public event took place from June 16-17, 2025, at the Geneva Graduate Institute. Organized by American University’s Program on Information Justice and Intellectual Property (PIJIP) and South Centre, in partnership with the International Federation of Library Associations and Institutions (IFLA) and COMMUNIA Association for the Public Domain, the symposium’s main objective was to share research and deliberate over principles that guide protection of the public interest in copyright reform for the digital age. The meeting occurred in the context of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (WIPO SCCR) having adopted a work plan to draft principles, objectives, and options for an instrument on limitations and exceptions (L&Es) in three priority areas: to enable preservation activities; to adapt exceptions and limitations to the online environment; and to ensure that people with disabilities other than vision impairments can benefit from new technologies. On the first day, participants presented and discussed ongoing research on user rights from different parts of the globe. A keynote panel gathering academics discussed the history and the justifications for an international instrument on copyright L&Es. In the end of the afternoon, former and current government representatives addressed the history of the L&Es agenda, as well as the work plan on L&Es currently discussed at the SCCR. The second day was structured around detailed discussions in four sessions: principles for the protection of libraries, archives, and museums; education and research; remuneration in digital contexts; and cross-cutting issues, like liability safeguards, contractual overriding, cross-border research, and access rights. The main output of the symposium was the “Working Document: Principles and Objectives for Limitations and Exceptions.” Participants developed this document through extensive deliberations and presentations carried out in the previous days, drawing from past documents and proposals of the SCCR on the topic of limitations and exceptions, international intellectual property instruments, and scholarship. Based on (i) already existing models and language in international copyright law or (ii) that have been proposed by countries in past SCCR deliberations or (iii) that are supported by a broad consensus in existing law and scholarship, the document contains proposed language for objectives, principles and options that may promote the objectives of the 2012 Mandate and the SCCR Work Program as described in the SCCR 46 Chair’s Summary.

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Statement of User Rights Network on Design Protection for Graphical User Interfaces

Sean Flynn / 26 March, 2025

Professor Sean Flynn delivered the following statement at the World Intellectual Property Organization Standing Committee on Trademarks on the proposal by the United States and others for a Joint Recommendation on Graphical User Interfaces. The Global Expert Network on Copyright User Rights is an association of IP professors around the world which includes many who also specialize in design law. We support the proposal by the African Group for a study on GUIs before moving further on the proposal for a joint recommendation. In particular, I draw attention to the work of Professor Sarah Fackrell‬ Burstein, who has studied the use of design law protection on GUIs in the USA. She pointed out in correspondence with me that in the USA “Copyright protection is generally available for this subject matter,” but companies use design protection for GUIs “so they can subvert the low standards of copyright.” In her work Uncreative Designs, 73 Duke L.J. 1437 (2024), she describes how in the USA GUIs are sometimes granted protection that would not meet the copyright standard by the Supreme Court in Feist v. Rural Telephone, which held that information alone without a minimum of original creativity cannot be protected by copyright. One can see many interesting examples of such GUIs at her BlueSky hash tag #SubFeistDesigns https://bsky.app/hashtag/SubFeistDesigns The US experience suggests that the terms in the joint recommendation may be very important and guidance may be needed for countries that do not want to promote extending protection to GUIs that is beyond that normally available under trademarks and copyrights in most countries already. It may be especially useful to study the potential impacts on large generic markets, such as those for cell phones, where expanding IP promotions for GUIs may negatively affect emerging industries. We would be happy to work with the African Group and others interested in engaging the scholarship in this area.