[A2k] Philippine XCasting Treaty Article

[Seth Johnson]

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Broadcasters bat for more rights

By Bayani San Diego Jr.

Inquirer

Last updated 00:19am (Mla time) 08/09/2006

Published on Page E4 of the August 9, 2006 issue of the
Philippine Daily Inquirer


IN this era of DVDs, satellite TV and the Internet, broadcasters
are fighting for their "very existence," said Maloli K. Espinosa,
chair of the Copyright Committee of the Asia-Pacific Broadcasting
Union (ABU).

Espinosa, who is also ABS-CBN vice president for Government,
Corporate Affairs and Public Relations, told participants in the
12th ABU Copyright Committee seminar-meeting in Brunei last May
that these new technologies posed a "serious threat" that should
be immediately addressed.

Espinosa told Inquirer Entertainment that ABU, which has over 140
members in 54 countries, usually hold meetings twice a year. The
next one, scheduled in September, is under the auspices of the
World Intellectual Property Organization (Wipo). It will be the
culmination of ABU=92s work of 10 years, she said.

"It will determine whether we=92ll initiate a diplomatic conference
that will discuss broadcasters=92 problems," Espinosa explained.
The diplomatic conference will, in turn, result in a
broadcasters=92 treaty that will, "hopefully give broadcasters
additional rights."

Outdated treaty

For example, Espinosa cited the original treaty drafted at the
Rome Convention in 1961, which "protected broadcasters from
unauthorized recording of broadcasts, but not from the
distribution of the recordings."

This is the reason behind the proliferation of pirated TV
programs sold in the streets, she pointed out. "In Manila, we see
pirated copies of Asianovelas. We have the same problem. Our
local telenovelas are pirated throughout the region."

"The market value of our shows decreases if they are readily
available as pirated VCDs and DVDs," Espinosa stressed.

Int=92l level

In her speech at the Brunei forum, she said: "In the analog
world, pirates can only make a handful of copies=85 with each
successive generation of copies worsening in quality. In the
digital world, the millionth copy will be identical to the
original."

Signals can also be intercepted via satellite, through illegal
cable transmission. The proliferation of cable operators is now
blurring territorial boundaries. Programs meant for Japanese
audiences can now be tapped by a Philippine cable operator, she
said. "Cable rights should be recognized at the international
level."

Another issue concerns the world wide web. "The Rome Convention
didn=92t cover online distribution because Internet use didn=92t
become prevalent until two decades later."

"Deferred transmission" is yet another contentious issue. "Some
bars and restaurants attract customers by offering current sports
events as come-on. But what about the rights of the broadcaster
that paid millions for the event?"


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