CIVIL SOCIETY COALITION WIPO SCCR 36 SUBMISSION ON LIMITATIONS AND EXCEPTIONS

CIVIL SOCIETY COALITION

NGO SUBMISSION

http://www.civilsocietycoalition.org/

WIPO #SCCR36

Howard P. Knopf

Wednesday, May 30, 2018

• Unfortunately, certain interest groups and some experts are attempting to push back on limitations and exceptions and to use this forum to achieve that goal internationally
• It also seems that Canada is now the focus of much of this debate – and there are even frightening references to the “Canadian Flu” – being the supposedly dangerous cumulative effect of three SCC cases that were, in fact, decided before the inclusion of the word “education “in the fair dealing provision of the CCA took effect in 2012.
• It seems that certain experts are now “shocked, shocked” as it were that multiple copies are now being made and used legally in Canadian classrooms – in a manner perfectly legal even before the 2012 Canadian legislation. There have even been astonishing and, with respect, I believe very incorrect allegations from our esteemed friend Mihaly Ficsor that Canadian law contravenes the Berne three step test and the TRIPS treaty.
• That, of course, is frankly not credible.  Canada’s fair dealing statutory regime and case law stop far short in many respects than 17 U.S. Code § 107 – which allows for “teaching (including multiple copies for classroom use)” - and which has been the law since 1976 – 42 years – without any challenge under international law.
• However, many would prefer that the American concept of fair use and its embodiment in American law should NOT be adopted outside that country have no hesitation to say, “Do as we say, not as we do”.
• So, let us use this forum to achieve a better understanding of “users’ right” and the expansion of limitations and exceptions in a “large and liberal” manner – consistent with other exemplary laws, such as that of the USA.

Thank you.

Howard Knopf