EWC Statement at WIPO’s SCCR, 44th Session, November 2023

As the World Intellectual Property Organization (WIPO) held the 44th session of its Standing Committee on Copyright and Related Rights (SCCR) in November 2023 EWC’s Secretary General Nicole Pfister Fetz submitted on behalf of the European Writers’ Council the following short intervention on the SCOPING STUDY ON THE PRACTICES AND CHALLENGES OF RESEARCH INSTITUTIONS AND RESEARCH PURPOSES IN RELATION TO COPYRIGHT prepared by Professor Raquel Xalabarder.

The European Writers’ Council protects the interests of over 220.000 writers in the book sector worldwide, including educational authors. The EWC thanks Dr. Xalabarder for her efforts to reach a balanced perspective between research institutions – and the sources of knowledge and information: the authors.

The EWC welcomes the acknowledgement of the three-step test as well as the analysis about the damaging impact exceptions and limitations have, as well the recognition of the proven success of licenses.

As representatives of individuals whose living conditions and income structure are the first to be impacted by exceptions and limitations, our aim is to improve the existing premises as follows:

• First: The fragility of institutional budgets does not justify restricting the human right of authors- and copyright.
• Second: The assumption that text and data mining would lead to the development of large language models, is outdated. The processes of machine learning include other relevant processes in terms of copyright, such as copying, storing, tokenisation, memorisation and reproduction. TDM, in contrary, is a process to extract information, but shall only take place under volunteer opt-in authorisation by the author, remuneration and transparent documentation. Licences are the way forward here.
• Third: The paper repeatedly presents examples of research material that is desired from the trade and popular market, like literature, movies, music. As you are all aware, writers are never remunerated for their work, but only for the use of their work. This makes it all the more essential to consider very carefully before you expose professional authors to a further loss of income through L&E.

The EWC supports furthermore the statement by IPA and by IFRRO.