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WIPO SCCR 46: The educational crises cannot be solved via copyright law

9th April 2025

In April 2025 the 46th SCCR meeting of the World Intellectual Property Organisation (WIPO) took place. On that occasion the Secretary General of the EWC European Writers‘ Council, Ms. Nicole Pfister Fetz, commented on Agenda Points 5 and 6 (Limitations and exceptions for libraries and archives; Limitations and exceptions for educational and research institutions and for persons with other disabilities).

SCCR 46, Geneva, 9. April 2025, Nicole Pfister Fetz. © EWC

The EWC take this moment of urgency to remind Member States just as urgently that the growing challenges of both the digital and educational crises cannot be solved via copyright law – and not at the cost of a single group, the vulnerable authors.

We would like to point out that the balance to the detriment of authors’ rights has long been a reality. Instead of undermining even more rights, a healing balance needs to be introduced that actively protects the free word, the innovative power of human work and imagination, and thus the sources of a global book value chain with millions of employees, all depending on authors’ private risk investments.

As book writers are not paid for their labour done, but only for the use of their works, they depend on an appropriate remuneration for every use. As Exceptions and Limitations are undermining the core principle of “every use must be remunerated”, they require a decisive acknowledgment of the works of authors as sources for all libraries, educational institutions, and press and media.

***

Background

At SCCR/44 held in November 2023, the WIPO Secretariat was mandated to prepare a draft implementation plan for the work program on limitations and exceptions (Proposal by African Group for a Draft Work Program on Exceptions and Limitations, adopted by the Committee, in document SCCR/43/8). The Secretariat was expected to circulate this draft among Member States for consultation before the SCCR/45 session to be held in April 2024. It is to find here.

Recent Activity: At SCCR/45, the Secretariat presented the Draft Implementation Plan for the Work Program on Limitations and Exceptions and Preliminary Comments Received by March 29, 2024 (document SCCR/45/6). The Delegation of the United States of America gave an explanation of the document entitled Updated Version of the Document “Objectives and Principles for Exceptions and Limitations for Libraries and Archives” (SCCR/26/8) (document SCCR/44/5), previously introduced at SCCR/44 in November 2023. The Committee discussed in plenary and in informal sessions what document to use as the basis for work on next steps. The Secretariat was requested during the sessions to prepare an informal working document (Existing Document) that was later posted as Draft Implementation Plan on the Work Program on Limitations and Exceptions (SCCR/45/10 PROV.). Member States were invited to send comments on document SCCR/45/10 PROV. until October 15, 2024, so the Secretariat could conduct a series of consultations with Group Coordinators and interested Member States, in order to post a draft implementation plan for its discussion at SCCR/46. Based on the comments received, the Officers were continuing consultations on the way forward in advance of the meeting. 

SCCR/46 Session: Discussions will be held on (1) the way forward regarding the work on an implementation plan for the Work Program on Limitations and Exceptions (document SCCR/43/8 REV.), and (2) the US proposal contained in the document entitled Updated Version of the Document “Objectives and Principles for Exceptions and Limitations for Libraries and Archives” (SCCR/26/8) (document SCCR/44/5), introduced in November 2023. 

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