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

[Gwen Hinze]

Webcasting seems to be out, but what about simulcasting?

 From my initial skim, Internet retransmissions would still be
implicated by the treaty -- i.e. a  version of simulcasting still
seems to be included. That would mean no improvement on potential
liability for innocent Internet intermediaries who merely transport
packets across a computer network.

There seems to be little change to the provisions which were the
subject of concern at the last meeting, which appear to give
broadcasters and cablecasters the exclusive rights to authorize
retransmissions of broadcasts and cablecasts (done by third parties).

For instance, Article 9's right of retransmission is still phrased as
the exclusive right of authorizing retransmission [which is defined
in Art 5(d) to mean simultaneous transmission].."by any means"...,
including "retransmission over computer networks"

Article 11's right of transmismission following fixation  still
includes "by any means".

Article 5(d)'s definition of "retransmission" still defines this to
mean simultaneous retransmission "by any means" by someone other than
a broadcaster or cablecaster.

Gwen Hinze


At 5:36 PM +0200 8/2/06, Thiru Balasubramaniam wrote:
>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=64712
>
>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.
>
>"On 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".
>
>
>"On 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."
>
>
>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.
>
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--
Gwen Hinze
International Affairs Director
Electronic Frontier Foundation
Email:gwen@eff.org
Tel.: + 1 415 436 9333 x110

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