1. WIPO Copyright Sector 1

2.  Fundamental or constitutional rights or public interest: freedom of speech, access to information, right for education, enjoyment of culture  Balance between individual rights and public interest 2

3.  Limits to the scope of copyright protection: ideas, theories, simple data  Limits to the duration of protection  Exclusion of some categories of works 3

4.  Permitted uses without authorization and remuneration: fair use or fair dealing  Permitted uses by law with remuneration: mandatory or compulsory licensing system  Legislative options for Member States. Only one mandatory exception 4

5.  Excluding certain categories of works official texts of legislative, administrative and legal nature, news of the day, mere items of press information  Permitting free uses for particular purposes personal use, quotations, parodies, criticism, use for teaching purposes, news reporting, scientific research, libraries, certain cases of reproduction, fair use or fair dealing  Establishing non-voluntary licenses recordings, broadcasting, reproduction and translation in developing countries 5

6.  Explicit and implicit exceptions  General exception: Article 9(2), specific exceptions  Exceptions with relation to one or more exploitation rights  Multiple reasons: information (10bis), education (10(2)), public access (11bis(2)), protection of certain industries (namely, recording industry (13(1)), protection of cultural goods (11bis(3)) 6

7.  Four explicit exceptions. Article 15(1)  private use  short extracts for news purposes  ephemeral fixations  academic uses  Any other copyright exception. Article 15(2) Possible compulsory licensing opened for  broadcasting of performances: Article 7(2)(2)  broadcasting of phonograms: Article 12  communication to the public of certain broadcasts: Article 13(d) 7

8. WCT  Article 1 to 21 Berne Convention. Article 1(4) and agreed statement  General exception: 3-step test. Article 10(1)  Existing exceptions can be kept or extended to the digital environment. New exceptions can be devised WPPT  Exceptions to the rights granted under WPPT  Any other copyright exception. Article 16(1)  General exception: 3-step test. Article 16(2) 8

9.  Whether new exceptions are needed in the digital environment  Whether existing exceptions from the analog environment remain appropriate in the digital environment, or need to be restricted in some way in that environment 9

10.  News reporting, criticism  Libraries and teaching purposes: reproduction of material and communication to the public and making available under certain circumstances  Private copying: quality of copies and possibility of dissemination 10

11.  Article 9(2) Berne Convention, Article 13 TRIPS Agreement, Articles 10(2) WCT and 16(2) WPPT  certain special cases  do not conflict with normal exploitation  do not prejudice the legitimate interests of rightholders  WTO Panel Decision, June 2000 (EU v. US) playing of radio or television broadcasts of musical works in certain bars, restaurants and other retail establishments 11

12.  Temporary electronic copies which occur as part of the technical process of making Internet transmission: ISP liability  Caching and browsing: temporary reproduction which occurs at the point of reception to enable the view of the accessed material 12

13.  News reporting, criticism  Libraries and teaching purposes: reproduction of material and communication to the public and making available under certain circumstances  Private copying: quality of copies and possibility of dissemination 13

14.  Studies and meetings  Studies on limitations and exceptions in the digital environment  Information meetings on digital content for the visually impaired and educational uses  DRM study on distance education and visually impaired  Technical legal assistance to developing countries  needs of countries / implementation of treaties  model law on copyright and related rights  SCCR new issue 14

15.  Use and abuse of technological measures of protection, digital rights management, and contract law  Privacy concerns: when accessing digital content and ISP’s disclosure of information and identity  Inadequate information for users: copy protection, interoperability  Right of access to public domain and protection of cultural heritage. Access to knowledge. 15