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Copyright and related rights - 14th meeting of UNESCO's Intergovernmental Committee of the Universal Copyright Convention. Paris, 7-9th June 2010
07/06/2010
From the 7 to 9th June 2010, UNESCO held the 14th session of the Universal Copyright Convention Committee of 1971. Opened by the new Assistant Director General for Culture, Mr. Francisco Bandarin, the meeting was dominated by two items on the agenda: "the new challenges to achieve the right balance between protecting copyright and access to knowledge, information and culture" and the fight against piracy.
With regards to exceptions and limitations, UNESCO presented a study carried out by Dr. Patricia Akester from the University of Cambridge. The author considers that the real benefit from exceptions to copyright would be reduced by the combined effects of contracts, technology and law. Consequently, for those benefitting from such exceptions, the author proposes setting up an infrastructure which would prevent the "contractual and technological neutralisation of exceptions to copyright" via a special access to works on dedicated platforms and a system of digital rights management. We must check whether this proposal is taken up by states during WIPO debates on this issue.
UNESCO has committed itself to fighting against piracy, via training seminars in Africa and the setting up of a "World Anti-piracy Observatory" which it presented to the Committee. FIM welcomed the creation of this infrastructure, recognising the usefulness of protecting investors, but also recalling the absolute need to defend creators, which presupposes fairer contracts for artists. The observatory is still in test phase. The general conference scheduled for 2011 will determine whether it is suitable to make it a permanent fixture.
In order to prepare the ground for this debate, UNESCO had entrusted Mr. Luis Villaroel (Central University of Chile), with a study on current trends and non-legislative measures aimed at reducing piracy. The author recommends educating users, public authorities -in particular those in charge of applying the law-, raising awareness in the industry for suitable pricing policies, developing an abundant and quality legal offer, promoting agreements between the parties in question -in particular to implement fair remuneration systems for content creators- creating forums to foster dialogue and work out indicators to measure the progress of policies for preventing piracy and the application of intellectual property norms.
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Copyright and related rights - WIPO negotiations on the audiovisual
28/05/2010
On the 28 May 2010, FIM took part in informal consultations organised by WIPO in Geneva on the protection of audiovisual performances, with a view to adopting an international treaty.
The few interventions from members states insisted in particular on the need for a calendar and written proposals. It was, however, the positions of the United States and Brazil that focused attention.
The representative of the US delegation announced that his country would shortly be proposing the introduction of an article (Art. 20) on the transfer of rights, in line with the joint desire of MPAA (Motion Picture Association of America) and its two main national actors? unions SAG (Screen Actors Guild) and AFTRA (American Federation of Television and Radio Artists).
We should recall that FIM and FIA have up to now fought for the 19 articles provisionally adopted at the Diplomatic Conference of December 2000 being taken up as they stand, without introducing any specific provision regarding transfer of rights.
Brazil insisted on the fact that the 19 articles should not be regarded as untouchable. It pointed out that the environment had changed a lot over the past 10 years, both outside and inside WIPO. Finally, it suggested that, in the eventuality of blockage, those articles that posed a problem should be withdrawn from the treaty.
The 20th meeting of the SCCR (Standing Committee on Copyright and Related Rights), which will be taking place in Geneva from the 21 to 24 June 2010, should assimilate these new elements in its formal discussions.
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Status of the artist and professional ailments - Collaboration with the ILO on issues covering employment relationships and occupational ailments
12/05/2010
Two meetings between the FIM Secretariat and ILO heads took place in Geneva on the 12th May 2010, on important issues covering employment relationships and occupational ailments.
Certain FIM member unions are encountering difficulties in representing and defending music performers working freelance. Ignoring current international ILO conventions and misappreciating criteria which should govern the qualification of artists' employment relationships, governmental competition agencies (Ireland), and employers and courts (Japan) are imposing analyses and decisions on sector workers which deprive them of their rights.
In the field of occupational ailments, musicians have no explicit recognition. When they have an affection, they are forced to provide the proof that this is directly caused by exercising their professional activity. And yet a disorder such as functional dystonia in professional musicians is 50 times as high as it is in other professions.
FIM and the ILO agreed to have two studies carried out, one concerning implementation of ILO's 87 and 98 conventions in the performing arts sector, the other on musicians' occupational ailments.
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Cooperation agreement signed between WIPO, FIM and FIA
21/09/2009
For many years now, FIM has been a respected player in WIPO, with a legitimate, well-established role there, as in other international bodies. More recently, the regional activity programmes engaged by FIM in Latin America and Africa, as well as that developed in Asia in association with FIA between 2004 and 2007 have been increasingly backed by WIPO from a technical point of view. For their part, at WIPO’s request, federations contribute to conferences and seminars which the former organises at regional or national level. At the various WIPO committee meetings addressing the issues of copyright and related rights, they also express performers’ points of view and make their voice heard where member states are concerned.
Cooperation is now about to enter a more formal phase with the signing, in September 2009, of a Memorandum of Understanding between WIPO, FIM and FIA. This important stage recognizes the federations’ expertise, the value of work accomplished and the need to jointly address the challenges which creators today have to face.
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FIM will be organising the first international orchestra conference from the 7 to 9 April 2008 in Berlin
13/07/2007
From the 7 to 9 April 2008, FIM will be organising the very first International Orchestra Conference in Berlin. This event of worldwide importance is the first in its kind and represents a unique opportunity for exchange and dialogue for musicians from all types and sizes of orchestras ? symphony or opera orchestras, chamber orchestras and instrumental ensembles.
For the first time, orchestra musicians from all over the world will have the opportunity to share their experiences, which will help them identify together the best way to meet the many challenges facing them.
In particular, the conference will address the issue of the future of the performing arts, the challenges of the new media, contractual practices, working conditions and the career paths of orchestra musicians or the place of orchestras in society.
This event benefits from the backing of several unions including DOV (Germany), ver.di (Germany), MFO (Norway) and collecting societies OESTIG (Austria) and GVL (Germany).
International Orchestra Conference webpage: http://www.fim-musicians.com/ioc_en/home.html
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Demise of ANACIMM President, Ali Zibo
03/07/2007
We were sad to learn of the demise of our colleague and friend Ali Zibo, on the 3 July in Niamey, Niger after a long illness.
Ali Zibo, who was President of the National Association for Songwriters and Performers of Modern Music, was first and foremost a great musician. He was considered by his peers as one of the pioneers of modern Niger music. He was always a fervent defender of musicians' rights in his country.
With his passing, the FIM African Committee loses one of its most loyal companions who was also a strong and endearing personality. We shall all miss his humour and good spirits.
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Unesco: First conference of States Parties to the UNESCO Convention for the protection and promotion of the diversity of cultural expressions (Paris, 18-20 June 2007)
28/06/2007
The first conference of states parties to the UNESCO convention for the protection and promotion of the diversity of cultural expressions took place in Paris from the 18 to 20 June 2007, at UNESCO Headquarters.
Fifty-six states were brought together to draw up the major guidelines for implementing the convention and Rules of Procedure were adopted which provide a small but real role for "civil society organisations" whose activity comes within the scope of the convention.
Certain states formally undertook to contribute to the international fund for cultural diversity, such contributions being carried out on a voluntary basis.
The parties' conference also elected the twenty-four members of the intergovernmental committee whose task is to draw up the convention's guidelines. The following were elected to the committee: Germany, Austria, Canada, Finland, France, Greece, Luxembourg, Albania, Croatia, Lithuania, Slovenia, China, lndia, Oman, Tunisia, Brazil, Guatemala, Mexico, Saint Lucia, Burkina Faso, South Africa, Mali, Mauritius and Senegal.
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