COMBINING ACCESS TO CULTURAL HERITAGE AND INTELLECTUAL PROPERTY RIGHTS Brussels November 2010 Victor Vazquez Senior Legal Counsellor, Digital Future project. Culture and Creative Industries Sector, WIPO AEPO- ARTIS SEMINAR ON PERFORMERS´RIGHTS IN TODAY S EUROPEAN ENVIRONMENT

Introducing WIPO UN Specialized Agency: 184 MS, 66 IGOs/250 NGOs Observers Mandate: Effective, balanced protection of IPRs for a global Information Society Main activities: Norm-setting (treaties and ‘soft law’): administers more than 25 treaties, including WIPO Copyright Treaty and WIPO Performances & Phonograms Treaty (“Internet Treaties”, 1996). Current Soft Law Proposals on L& technical assistance to developing countries IP infrastructure including registration services (industrial property); New focus on the exercise of copyright. Transition from making copyright possible to making it happen. Copyright infrastructure services in areas such as registration and documentation, collective management, etc

Copyright and Cultural Heritage Institutions (CHIs) Shared objective of facilitating availability and dissemination of culture for society as a whole Culture includes both copyright-protected works and public domain material In the digital environment, the traditional role of CHIs is facing constant changes, challenges and opportunities

Copyright and CHIs: a double role Users and licensees of IP Creators, owners and managers of IP

CHIs as Users of IP Which rights apply (display, public communication, reproduction, lending, ‘making available’, others)? Limitations and exceptions to rights (e.g. preservation, education and research, access to content by visually-impaired persons) Interplay between licensing rights and limitations. Online access to CH, rights clearances and third-party interests (role of collecting societies, traditional knowledge issues) The moral rights of creators. Interplay with public interest concerns on the dissemination of culture. Role of internet intermediaries, e.g. search engines Issues related to documentation, orphan works, the public domain

CHIs as Rightholders The commercial value of CH in the context of economic crisis and diminishing public funding. Emerging business models for CHIs Online access to museum and archive collections (virtual CHIs), new licensing and technological tools CH as a driver in online education Preservation of web-based materials

Cultural Heritage on the Agenda of WIPO A.Implementation of WCT and WPPT (WIPO “Internet Treaties”, 1996) B.Standing Committee on Copyright and Related Rights (SCCR) (e.g. Limitations & Exceptions, Visually Impaired Persons, Audiovisual Performances) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) For Instance: Draft Provisions For The Protection Of Traditional Cultural Expressions A.Committee on Development and Intellectual Property (CDIP), WIPO Development Agenda (e.g. Public Domain, IP and Competition Access to Knowledge (“A2K”)) B.Awareness raising activities (e.g. CHIs, Building Respect for IP)

Implementing the WIPO Development Agenda Scoping study on Copyright and Related Rights and the Public Domain ( ); Second Survey of National Legislation on Voluntary Registration and Deposit Systems for Copyright and Related Rights ( ); Survey of Private Copyright Documentation Systems and Practices ( ); Global Meeting on Emerging Licensing Issues in the Copyright Area (4th quarter 2010); Project on Public Policies to Promote Access to Information and Creative Content ( )

WIPO Guide on Managing Intellectual Property for Museums First Part: relevant IP issues (e.g. scholarly content, in- house developed technology, branding strategy), best practices in managing IP; Second Part: review of existing business models; Available in English, Spanish and French; downloadable for free,

A Holistic Approach to Culture Heritage and IP. Advantages associated to approaching the interface of CH and IP in an inclusive, non- antagonistic way: Shared Objectives/Greater connection to developmental concerns/ CHI as users and right holders. IP as a comprehensive system composed of diverse elements: rights, limitations, flexibilities…Important role of the PD

A Holistic Approach to Culture Heritage and IP. Advantages associated to approaching the interface of CH and IP in an inclusive, non- antagonistic way: Shared Objectives/Greater connection to developmental concerns/ Double role of CHI as users and right holders. IP as a comprehensive system composed of diverse elements: rights limitations…Important role of the PD A comprehensive, inclusive approach more adapted to the diversity of the Internet: Wide- Open Web versus Semi closed platforms and apps.

A Holistic Approach to Culture Heritage and IP. … and to the different features and values involved. Web is associated to collaborative creativity/ Walled Garden Environment associated to the expansion of traditional business models into the digital environment. A few examples of this comprehensive approach: 1. International Conference On Intellectual Property And Cultural Heritage In The Digital World, Madrid, October 29, 2009 in cooperation with the Ministry of Culture of Spain 2.International Congress on Creativity, Market and Cultural Diversity, Rio de Janeiro, December 2010 in cooperation with the Ministry of Culture of Brazil and LATIN ARTIS

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