[A2k] WIPO broadcasting/webcasting treaty: Revised Draft Basic Proposal just published

[Thiru Balasubramaniam]

The new WIPO Revised Draft Basic Proposal (SCCR/15/2) for the upcoming
WIPO Standing Committee on Copyright and
Related Rights (11-13, September 2006) was published on WIPO's website
on 31 July, 2006.


Here is the link to the basic draft proposal in English, French,
Spanish, Arabic and Mandarin.

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D64712

This document numbers 108 pages in English.

Here is an extract from the revised draft detailing the nature of this
document and in particular, what has been changed in the light of the
SCCR meeting of May 2006. Upon first glance, one can see that the
General Principles (Article 2), clause, the Protection and Promotion of
Cultural Diversity (Article 3) clause and the Defense of Competition
(Article 4) clause are now part of the revised draft basic proposal as
possible policy options.


Thiru Balasubramaniam


--------------------------



The May 2006 session of the Standing Committee

The Standing Committee, in its fourteenth session in May 2006, examined
thoroughly the main substantive issues on the basis of these documents.
Many delegations considered that these documents provided a good basis
for the work of the Committee, while other delegations took the strong
view that all the substantive issues, including alternative proposals,
should be presented in one comprehensive and coherent document.

The Committee approved by consensus the following conclusions proposed
by the Chair.

=93On the protection of the traditional broadcasting

- One more meeting of the SCCR will be convened before the General Assembly=
.

- The agenda of this meeting will be confined to protection of
broadcasting organizations and the cablecasting organizations (in the
traditional sense).

- Revised document (Revised Draft Basic Proposal) will be prepared for
the meeting, and all efforts will be made in order to make the document
available to the Member States by August 1, 2006. The document will be
prepared on the basis of the documents SCCR/14/2 and SCCR/14/3, and now
existing proposals, and taking into account the discussions of the
Committee.

- This meeting shall aim to agree and finalize a Basic Proposal for a
treaty on the protection of the rights of broadcasting organizations in
order to enable the 2006 General Assembly to recommend the convening of
a Diplomatic Conference at an appropriate date in 2007=94.


=93On the protection of webcasting and simulcasting

- Deadline for the proposals foreseen at the fourteenth session of the
SCCR concerning webcasting and simulcasting will be August 1, 2006.

- Revised document on the protection of webcasting and simulcasting will
be prepared on the basis of the document SCCR/14/2 and proposals, and
taking into account the discussions of the Committee.

- The matter will be taken on the agenda of the meeting of the SCCR to
be convened after the General Assembly.=94


The 2006 Revised Draft Basic Proposals for the Standing Committee

Following the conclusions referred to above, two documents will provide
the basis for the further work.

This document, a Revised Draft Basic Proposal, has been prepared by:

(1) re-inserting in the document SCCR/14/2 all alternative proposals
that were found in the Working Paper, document SCCR/14/3, together with
the relevant explanatory comments from the Second Revised Consolidated Text=
;

(2) adding to the document the new proposals received by the fourteenth
session of the Committee; and

(3) deleting the Appendix on the Protection in Relation to Webcasting.

The second document, still to be prepared, after the deadline of August
1, 2006, will constitute a Revised Draft Basic Proposal [for a WIPO
Instrument] on the Protection in Relation to Webcasting (including
simulcasting).


On the nature of the preparatory documents

It should be stressed that all the draft proposals referred to above are
just draft texts. There is no agreement on any element in their content,
and they are open for changes based on the discussions in the Committee.
The ambition is that the number of alternative provisions in the final
Basic Proposal would be reduced. This does not, however, mean that there
should be no alternatives in the final Basic Proposal.

Again, it should be stressed that even the final Basic Proposal, once
prepared, will be a draft, forming a working document for the Diplomatic
Conference, and subject to change in the conference itself.