1. Intellectual Property and Cultural Heritage at the crossroads of law, technology and business: a view from WIPO INTERNATIONAL CONFERENCE ON INTELLECTUAL PROPERTY AND CULTURAL HERITAGE IN THE DIGITAL WORLD Madrid, October 29, 2009 Richard Owens, Director Copyright E-Commerce, Technology and Management Division, WIPO

2. Introducing WIPO - UN Specialized Agency -184 Member States, 66 IGOs/250 NGOs Observers -Mandate: Effective, balanced protection of IPRs for a global Information Society -Main activities: Norm-setting (treaties and ‘soft law’); technical assistance to developing countries; IP registration services (industrial property); -Goals: Continued improvement of IPR system to promote creativity and innovation in the Internet Age; reducing the Digital Divide -Administers more than 25 treaties, including WIPO Copyright Treaty and WIPO Performances & Phonograms Treaty (“Internet Treaties”, 1996)

3. 3 Copyright and Cultural Heritage Institutions (CHIs) Shared objective of facilitating availability and dissemination of culture for society as a whole Culture includes both copyright-protected works and public domain material In the digital environment, the traditional role of CHIs is facing constant changes, challenges and opportunities

4. Copyright and CHIs: a double role A- Users and licensees of IP B- Creators, owners and managers of IP I- home.pacbell.net/hgladney/TDOflow2.jpg

5. 5 CHIs as Users of IP -Which rights apply (display, public communication, reproduction, ‘making available’, others)? -Limitations and exceptions to rights (e.g. preservation, education, access to content by visually-impaired persons) -Online access to CH, rights clearances and third-party interests (role of collecting societies, traditional knowledge issues) -Role of internet intermediaries, eg search engines -Issues related to documentation, orphan works, the public domain

6. CHIs as Rightholders -Emerging business models for CHIs -The commercial value of CH -Online access to museum and archive collections, new licensing and technological tools -CH as a driver in online education -Preservation of web-based materials

7. Cultural Heritage on the Agenda of WIPO A- Implementation of WCT and WPPT (WIPO “Internet Treaties”, 1996) B- Standing Committee on Copyright and Related Rights (SCCR) (e.g. Limitations & Exceptions, Visually Impaired Persons, Audiovisual Performances) C- Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) D- Committee on Development and Intellectual Property (CDIP), WIPO Development Agenda (e.g. Public Domain, Access to Knowledge (“A2K”)) E- Awareness raising activities (e.g. CHIs, Building Respect for IP)

8. Implementing the WIPO Development Agenda -Scoping study on Copyright and Related Rights and the Public Domain (2009-10); -Second Survey of National Legislation on Voluntary Registration and Deposit Systems for Copyright and Related Rights (2010-11); -Survey of Private Copyright Documentation Systems and Practices (2010-11); -Global Meeting on Emerging Licensing Issues in the Copyright Area (4 th quarter 2010); -Project on Public Policies to Promote Access to Information and Creative Content (2010-11) http://www.wipo.int/edocs/mdocs/mdocs/en/cdip_3/cdip_3_4.pdf

9. WIPO Guide on Managing Intellectual Property for Museums -First Part: relevant IP issues (e.g. scholarly content, in- house developed technology, branding strategy), best practices in managing IP; -Second Part: review of existing business models; -Available in English, Spanish and French; downloadable for free, http://www.wipo.int/copyright/en/museums_ip http://www.wipo.int/copyright/en/museums_ip

10. 10 http://www.wipo.int/copyright richard.owens@wipo.int