WIPO Good Practice Toolkit for CMOs (The Toolkit) Geneva May 31, 2018 Kevin Fitzgerald Anita Huss

Agenda The purpose The timetable Consultation statistics Consultation responses Proposed way forward Questions on observations/amendments Discussion on way forward

The purpose: from the introduction to the Toolkit This document should not be perceived as being normative in any way. The purpose of this WIPO Good Practice Toolkit for CMOs (The Toolkit) is to compile examples of legislation, regulation and codes of conduct in the area of collective management of copyright and related rights from around the world and to distil them into examples of good practice. If they wish, Member States and other stakeholders may select tools from The Toolkit to choose an appropriate approach in view of their country’s particular circumstances, and decide on their own infrastructure for collective management.

The timetable: from the Circular Letters Circular Letter of December 2017 2018, January: distribution of draft Toolkit 2018, March: consultation written questions 2018, Spring SCCR: side meeting 2018, Autumn SCCR: publication Circular Letter of January 2018 Consultation meeting announced

Consultation statistics In writing: Member states Letters of support 5 With amendments 11 Sub total 16 Observers 3 Other 4 TOTAL 23 Verbally: numerous 5 of the Member State written responses were letters of support

Consultation submissions and WIPO proposals (1/3) Non normative process We will state this more prominently Dispute resolution More legislative/regulatory examples will be sought Government powers of supervision for CMOs and Section 12 is imbalanced towards self-regulation More legislative/regulatory examples will be sought and the imbalance will be corrected WIPO WIPO WIPO

Consultation submissions and WIPO proposals (2/3) More information, especially on detailed lists of repertoire (works and rights) should be disclosed We will add, but note limitation of some CMOs with website capacity More information on policies regarding undistributed monies We will seek Explain context and/or summarise content of Toolkit We will consider an executive summary and/or a WIPO Magazine article, and/or a website statement WIPO WIPO WIPO

Consultation submissions and WIPO proposals (3/3) Definitions and uses of Licensee and User Considerable differences of opinion Actual usage data Not possible in all cases ‘policy bridge’ in paragraph 1.1 is not clear We will change the wording ‘implications of termination’ (Good Practice Tool 9 (f)) We will add rights reversion option Include limitations and exceptions We will explain context more clearly WIPO WIPO WIPO WIPO WIPO

Proposed way forward End June 2018: WIPO to circulate revised draft (in English, French and Spanish) End August 2018: Member States and Observers final written submissions and, if desired, call for a meeting at Autumn SCCR End October 2018: Publication in 6 UN languages Post publication Good practice training for CMOs, based on Toolkit 2 yearly update of examples in codes or legislation

Questions on submissions and WIPO proposals Discussion on way forward

Contact: kevin.fitzgerald@wipo.int anita.huss@wipo.int