[A2k] Live from Day 5 of the WIPO SCCR Meeting on the Broadcast Treaty

[Rufus Pollock]

Also posted at: http://drn.okfn.org/node/120

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[1500 local time] Here we are in Day 5 of the 14th SCCR (Standing
Committee on Copyright and Releated Rights) meeting at WIPO which is
entirely dedicated to discussing the broadcast treaty (Jamie Love has
recently posted an article at the huffington post which provides good
simple summary of the situation written in his typical combative and
engaging style).

At present it doesn't look like NGOs will get a chance to speak as
further discussion of webcasting (in addition to that on wednesday)
ended up taking up much of the morning. Last night the committee worked
late (until 2230) in an attempt to get through the remaining issues
related to the core treaty (definition of terms, rights provided,
national treatment, limitations and exceptions and TPMs).

While, as is usual, all delegations commend the progress that has been
made, as the dust settles it is not really clear what has been achieved.
Large divisions still exist between delegations not only on webcasting
-- which the US still insists should be kept in -- but on many other
issues such as:

     * Remnants of simulcasting/webcasting in the main part of the draft
basic text due to the use in Article 6 (Right of Retransmission) of the
language: "Broadcasting organizations shall enjoy the exclusive right of
authorizing the retransmission of their broadcasts by any means,
including rebroadcasting, retransmission by wire, and retransmission
over computer networks." [emphasis added]
     * How strong should the rights of broadcasters be (Art 6-10).
Should it there be a right to prohibit (less strong) or an exclusive
right (stronger and unsurprisingly what is favoured by the broadcasters).
     * Limitations and exceptions: should there be a short, unspecific
statement as in current draft basic text (SCCR/14/2) -- resulting in a
limited set of L/E -- or should it be a longer, list-like specific
enumeration -- more expansive set of L/E.
     * TPMs (DRM): some countries do not want this in the treaty at all
while for others this is absolutely essential.

We still await the Chair's summary but it is unlikely to contain
surprises and the smart money is on some bland remarks followed by a
commitment to produce a proper report after the meeting (which provides
much more flexibility -- and time -- for the Chair, and the
secretariat). The only substantive issue likely to be touched on will be
whether there should be another meeting of the SCCR either before or
after the general assembly (which takes place in September).

Update: 1745 local time. The meeting has ended. The Chair proposed the
following conclusions:

     A. On protection of trad. b/c organizations
       1. One more meeting of the SCCR before the GA
       2. The agenda of that meeting will be confined to protection of
b/c in
     traditional sense (broadcast and cable)
       3. A revised basic draft basic proposal will be prepared for the
meeting and
     all efforts will be made to make it available to the Member States
by August 1
     2006. It will be made on the basis of SCCR/14/2 and SCCR/14/3 and
now-existing
     proposals and taking account the discussions of this committee.
       4. There will be a recommendation to the GA to convene a DC at a
suitable
     time in 2007.

     B. A proposal on protection of webcasting and simulcasting.
       1. the deadline for the proposals foreseen at 14th session of
SCCR concerning
     these webcasting and simulcasting, will be Aug. 1 2006.
       2. revised document on protection of web and simulcasting will be
prepared on
     basis of SCCR/14/2, and the proposals, and taking into account
discussions of
     the committee.
       3. consultation will be taken on the matter of a meeting of an
SCCR to be
     convened after the Gen. Assembly.

The EU objected since simulcasting didn't seem to be in A. The Chair
hedged, then the US complained that if simulcasting was in why not full
webcasting. Due to lack of time the issue was never entirely clarified
and the Chair then closed the session out.

Overall this seemed a pretty good result with webcasting (and
simulcasting) firmly moved out of the main instrument.