EXCEPTIONS TO ECONOMIC RIGHTS
 

71. In the memorandum for the first two sessions of the Committee, the International Bureau proposed that the possible instrument provide the same kinds of exceptions to the rights of performers and producers of phonograms as those provided in the Berne Convention, and the possible protocol to it, in respect of the protection of copyright in literary and artistic works. The Committee took the view that, while a reference to the exceptions to authors' rights might be inevitable, as in the case of Article 15(2) of the Rome Convention, the exceptions to rights in the possible instrument should be spelled out in that instrument itself. In summarizing the discussion, the Chairman said that further discussions should be postponed until there was more clarity in respect of the rights to be covered in the instrument.

72. Thus, while the provision concerning the possible exceptions remains in the proposed text--including the reference to the possibility of non-voluntary licenses--it seems advisable that the Committee should discuss the possible scope of exceptions at a later session. The question of the possible applicability of non-voluntary licenses, in particular, the assimilation of the non-voluntary license in Article 11bis of the Berne Convention as a limitation on the rights of broadcasting and communication to the public (not. including the proposed exclusive right for communication to the public of phonograms by digital means in the form of on-demand delivery), is a matter which might justify some discussion by the Committee at the present session.

73. Accordingly, it is proposed that the discussion on the exceptions to rights be postponed until a later session of the Committee.

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