[A2k] Consumers International Statement to SCCR 14

[Mike Palmedo]

Statement by Consumers International to the WIPO Standing Committee on
Copyright and Related Rights

May 3rd 2006

Consumers International (CI) is a federation of consumer organizations
dedicated to the protection and promotion of consumer's rights worldwide
through empowering national consumer groups and campaigning at the
international level. It currently represents over 230 organisations in
113 countries.

The CI Statement relates to the Draft Basic Proposal for the WIPO Treaty
on the Protection of Broadcasting Organizations and the Working Paper
for the Preparation of the Basic Proposal for a Treaty on the Protection
of Broadcasting Organizations.

The Statement is based on a recent CI study on 'Copyright and Access to
Knowledge', supported by the Open Society Institute Development
Foundation (OSI) and the International Development Research Centre (IDRC).

The CI study reveals that:

1.    The international instruments - the Berne Convention, the TRIPS
Agreement and the WIPO Copyright Treaty - have progressively ratcheted
upwards the scope of the works protected by copyright, the rights
accorded to copyright owners and the duration of protection for
copyright owners;

2.    The developing countries in the survey have not taken advantage of
all the limitations and exceptions available to them in the
international treaties they signed. In fact, they provide copyright
owners far more rights than they need to under the treaties they signed;

3.    The WIPO draft laws on copyright do not provide for all the
limitations and exceptions available in the international treaties and
are more restrictive of public access to knowledge.

With respect to broadcasting specifically, CI's study found that none of
the copyright laws of the countries studied in Asia have incorporated
the exception for the broadcasting of copyrighted works for educational
purposes.

In this context, CI objects to the wording of Article 12 (1) of the
Draft Basic Proposal, which reads as follows:

"Contracting Parties may, in their national legislation, provide for the
same kinds of limitations or exceptions with regard to the protection of
broadcasting organizations as they provide for, in their national
legislation, in connection with the protection of copyright in literary
and artistic works, and the protection of related rights." (emphasis added)

CI calls on the Standing Committee to ensure that the wording of Article
12 (1) of the Draft Basic Proposal deletes any reference to national
legislation and instead makes reference to limitations and exceptions
permitted under the Berne Convention, TRIPS Agreement and the WIPO
Copyright Treaty.

In addition, CI objects to Article 13 of the Draft Basic Proposal, which
reads as follows:

"The term of protection to be granted to broadcasting organizations
under this Treaty shall last, at least, until the end of a period of 50
years computed from the end of the year in which the broadcast took
place."   (emphasis added)

CI prefers the alternative period of 20 years as proposed in the Working
Paper for the Preparation of the Basic Proposal for a Treaty on the
Protection of Broadcasting Organisations. This shorter duration is more
appropriate considering that a longer term is likely to impede access to
knowledge in developing countries especially where national legislation
may not even take advantage of the permitted limitations and exceptions.

CI calls on the Standing Committee to ensure that all discussions to the
Draft Basic Proposal are premised on the common understanding that there
should be maximum access to knowledge and at the very least, the
permitted limitations and exceptions under the Berne Convention, TRIPS
Agreement and the WIPO Copyright Treaty should be incorporated.

CI opposes proposals to create a new intellectual property right for
webcasting.  WIPO has not provided any analysis of the impact of such a
right on consumers, webcasters or copyright owners. The creation of a
new layer of intellectual property rights for organizations that merely
transmit information on the internet will create many new obstacles for
access to knowledge, including the increased costs of obtaining works.