WIPO CDIP/10 – Comments on the Terms of Reference for a Comparative Study on Copyright Relinquishment | International Communia Association

[Communia's mission is "to educate about, advocate for, offer expertise and research about the public domain in the digital age within society and with policy-makers."]  Use the link to access the full text statement from Communia, opening as follows: "COMMUNIA International Association on the Public Domain welcomes the document produced by the WIPO Secretariat in preparation for the tenth session of the Committee on Development and Intellectual Property (CDIP) titled Terms of Reference for a Comparative Study on Copyright Relinquishment (CDIP/10/14). We believe that this document is an encouraging sign for copyright international law-making to commit itself to considering crucial aspects of access to culture and knowledge in recognising the increasing importance of the Public Domain, on the basis of the WIPO Development Agenda Recommendation #16: 'Consider the preservation of the public domain within WIPO’s normative processes and deepen the analysis of the implications and benefits of a rich and accessible public domain'. A comparative study on the issue of copyright relinquishment will be very useful in order to assess the possibilities offered by voluntary contributions to the Public Domain. Beyond a legal academic study, concrete solutions are needed. We believe however that the language of the Terms of Reference (ToR) could be improved: using a precise vocabulary will ensure a positive mindset for the success of such a study. Instead of characterizing the Public Domain as  'relinquishment' of rights, it would be preferable to use the term 'dedication' to the Public Domain. Indeed, 'dedication' to the Public Domain is a more positive expression than voluntary 'relinquishment' of rights, similar to how a half-full rather than a half-empty glass reflects the positive value of contributing to a common pool of works that are accessible and reusable for all. Moreover, the reference made in the study by Professor Dusollier (Scoping Study on the Public Domain, CDIP/7/INF/2) about the 'voluntary Public Domain' is cited by the ToR themselves. The use of the term 'cultural heritage' has been mentioned as problematic for some delegations and observers as it would create confusion. This concern should be addressed. The target of the study–copyright relinquishment (or dedication to the Public Domain) should be focused primarily on works and subject matters that are or were covered by copyright, neighbouring rights or sui generis related rights. The scope of the study does not and should not pertain to traditional knowledge, traditional cultural expressions and folklore..."