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CCAAA statements on Copyright and Neighbouring Rights

CCAAA statement at the 13th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 21st-23rd November 2005

General Statement

The CCAAA is a coalition of international organisations supporting the professional interests of archivists working with sound and moving image material in all parts of the world. A key role of our members is to care for this steadily growing proportion of our cultural heritage and to make it accessible to present and future generations. With regard to the Proposal by Chile at the last meeting of this Committee on the subject of "Exceptions and limitations to copyright and related rights" we would strongly support the general principle of reasonable exemptions to all areas of copyright and related rights to permit access by researchers and other users to sound and moving image documents held in publicly funded archival and library repositories. We believe that such exemptions are an essential feature of a legislative regime which reflects a considered balance of interests between commercial activities on the one hand, and public interest on the other. Audiovisual archival materials are subject to a relatively more restrictive intellectual property regime by comparison with the traditional media of literary works and printed publications.

Specific statement

The detail of such exemptions is always subject to discussion and negotiation, but I would take this opportunity to briefly indicate some specific examples of the exemptions that audiovisual archivists, working within publicly funded institutions, require in order to provide the services for which they are funded. All of these activities are necessary to fulfil the remit of publicly-funded archives, but within respective jurisdictions they are often restricted acts, not possible without permissions from rights-owners and beyond the scope of such limited exemptions as may exist. The following five examples illustrate the "public good" activities which such exemptions would support:

  • First, with respect to the archival remit to acquire material of informational and cultural value, the recording off-transmission of broadcast, webcast, terrestrial or satellite transmissions;
  • Secondly, the making of copies and transfers of archival recordings for the purposes of collection management including preservation and the provision of access on the premises of the archival institution;
  • Third, the playback of archive recordings in public exhibitions or educational events on the archive's premises;
  • Fourth, the loan of archival recordings by the holding archive to other publicly funded archives, libraries, museums, or galleries, for uses limited to public exhibitions and educational events;
  • Fifth, the inclusion in the archive's website of properly acknowledged excerpts from recordings selected from its holdings;

The specific exemptions I have indicated should be made available to designated public institutions, which meet transparently established criteria. We believe that they are necessary in the wider public interest of access to our shared cultural and informational heritage.

We would also strongly support exemptions provided with the specific intention of eliminating the disadvantage experienced by people with disabilities when accessing and using archival holdings.

CCAAA statement at the 10th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 3rd-5th November 2003.

General Statement

The Co-ordinating Council of Audiovisual Archives Associations represents the interests of professional archivists worldwide working with audiovisual materials, including broadcast television and radio recordings. In addition to the basic provision of news, sports, public information and advertising, radio & television programmes routinely include much material of cultural significance such as dramatic performances, live music performances, documentaries, arts magazine programmes, etc. In the 21st Century this material is as much a part of our shared cultural inheritance as works of literature, and landscape painting, for example, have been since previous centuries. It is a key role of our members to care for this heritage and make it accessible to present and future generations of citizens to enhance their understanding and appreciation of their culture. Generally speaking, archival broadcast radio and television recordings are the kind of audiovisual holdings which are least accessible to our users.

Specific statement

With regard to the Protection of the rights of broadcasting organizations we would, at this 10th session like to respond to the invitation of the Chairman by making a statement of general application to the discussion. Audiovisual archivists already work within, and respect, a framework of restricted acts and terms of duration, with very few exceptions and exemptions. Against this background we would argue in principle against any extension to existing terms of protection, and would question the need for additional protection beyond that already in place. We recognise the importance of a correct balance between public and proprietary interest in this matter, and would regard a strengthening of protection for broadcasters as unhelpful and against the public interest broadly considered.

CCAAA statement at the 9th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 23-27th June 2003

General Statement

The Co-ordinating Council of Audiovisual Archives represents the interests of professional archivists working with audiovisual materials including films, broadcast television and radio, and audio recordings of all kinds. Our members' primary business is ensuring the preservation and survival of time-based sound and moving image documents for access and use by present and future generations of citizens. Although predominantly working in the public sector, we reflect a broad range of interests across the broadcast media, arts, heritage, and information sectors. The professional archivists that CCAAA ultimately represents work in institutions such as archives, libraries and museums at national and local level, university teaching and research departments, and broadcasting organisations.

Specific statement

With regard to the tabled Preliminary understanding, we would like to make a statement with respect to the 2nd listed restricted act: Reproduction of fixations. Whatever the eventual scope of this new Instrument, we strongly urge that the new statutory framework under discussion here takes full account of the necessity, with respect to audiovisual documents, for copying or cloning as an essential preservation strategy. Many audiovisual archival repositories do not operate within broadcasting organisations. Archives in the public sector have a general remit for cultural heritage, national or local, and radio and television programming is part of this heritage. These institutions, operating for the public good, need a specific archival exemption, excluding from this reasonable restriction, copying for the purposes of archival preservation and collection management.

CCAAA statements on Copyright and Neighbouring Rights

CCAAA statement at the 13th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 21st-23rd November 2005

General Statement

The CCAAA is a coalition of international organisations supporting the professional interests of archivists working with sound and moving image material in all parts of the world. A key role of our members is to care for this steadily growing proportion of our cultural heritage and to make it accessible to present and future generations. With regard to the Proposal by Chile at the last meeting of this Committee on the subject of "Exceptions and limitations to copyright and related rights" we would strongly support the general principle of reasonable exemptions to all areas of copyright and related rights to permit access by researchers and other users to sound and moving image documents held in publicly funded archival and library repositories. We believe that such exemptions are an essential feature of a legislative regime which reflects a considered balance of interests between commercial activities on the one hand, and public interest on the other. Audiovisual archival materials are subject to a relatively more restrictive intellectual property regime by comparison with the traditional media of literary works and printed publications.

Specific statement

The detail of such exemptions is always subject to discussion and negotiation, but I would take this opportunity to briefly indicate some specific examples of the exemptions that audiovisual archivists, working within publicly funded institutions, require in order to provide the services for which they are funded. All of these activities are necessary to fulfil the remit of publicly-funded archives, but within respective jurisdictions they are often restricted acts, not possible without permissions from rights-owners and beyond the scope of such limited exemptions as may exist. The following five examples illustrate the "public good" activities which such exemptions would support:

  • First, with respect to the archival remit to acquire material of informational and cultural value, the recording off-transmission of broadcast, webcast, terrestrial or satellite transmissions;
  • Secondly, the making of copies and transfers of archival recordings for the purposes of collection management including preservation and the provision of access on the premises of the archival institution;
  • Third, the playback of archive recordings in public exhibitions or educational events on the archive's premises;
  • Fourth, the loan of archival recordings by the holding archive to other publicly funded archives, libraries, museums, or galleries, for uses limited to public exhibitions and educational events;
  • Fifth, the inclusion in the archive's website of properly acknowledged excerpts from recordings selected from its holdings;

The specific exemptions I have indicated should be made available to designated public institutions, which meet transparently established criteria. We believe that they are necessary in the wider public interest of access to our shared cultural and informational heritage.

We would also strongly support exemptions provided with the specific intention of eliminating the disadvantage experienced by people with disabilities when accessing and using archival holdings.

CCAAA statement at the 10th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 3rd-5th November 2003.

General Statement

The Co-ordinating Council of Audiovisual Archives Associations represents the interests of professional archivists worldwide working with audiovisual materials, including broadcast television and radio recordings. In addition to the basic provision of news, sports, public information and advertising, radio & television programmes routinely include much material of cultural significance such as dramatic performances, live music performances, documentaries, arts magazine programmes, etc. In the 21st Century this material is as much a part of our shared cultural inheritance as works of literature, and landscape painting, for example, have been since previous centuries. It is a key role of our members to care for this heritage and make it accessible to present and future generations of citizens to enhance their understanding and appreciation of their culture. Generally speaking, archival broadcast radio and television recordings are the kind of audiovisual holdings which are least accessible to our users.

Specific statement

With regard to the Protection of the rights of broadcasting organizations we would, at this 10th session like to respond to the invitation of the Chairman by making a statement of general application to the discussion. Audiovisual archivists already work within, and respect, a framework of restricted acts and terms of duration, with very few exceptions and exemptions. Against this background we would argue in principle against any extension to existing terms of protection, and would question the need for additional protection beyond that already in place. We recognise the importance of a correct balance between public and proprietary interest in this matter, and would regard a strengthening of protection for broadcasters as unhelpful and against the public interest broadly considered.

CCAAA statement at the 9th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 23-27th June 2003

General Statement

The Co-ordinating Council of Audiovisual Archives represents the interests of professional archivists working with audiovisual materials including films, broadcast television and radio, and audio recordings of all kinds. Our members' primary business is ensuring the preservation and survival of time-based sound and moving image documents for access and use by present and future generations of citizens. Although predominantly working in the public sector, we reflect a broad range of interests across the broadcast media, arts, heritage, and information sectors. The professional archivists that CCAAA ultimately represents work in institutions such as archives, libraries and museums at national and local level, university teaching and research departments, and broadcasting organisations.

Specific statement

With regard to the tabled Preliminary understanding, we would like to make a statement with respect to the 2nd listed restricted act: Reproduction of fixations. Whatever the eventual scope of this new Instrument, we strongly urge that the new statutory framework under discussion here takes full account of the necessity, with respect to audiovisual documents, for copying or cloning as an essential preservation strategy. Many audiovisual archival repositories do not operate within broadcasting organisations. Archives in the public sector have a general remit for cultural heritage, national or local, and radio and television programming is part of this heritage. These institutions, operating for the public good, need a specific archival exemption, excluding from this reasonable restriction, copying for the purposes of archival preservation and collection management.