[A2k] Submission of the USA to the WIPO SCCR on "netcasting" published on WIPO web page

Fri Sep 8 18:06:02 2006

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Hi Michelle and Thiru
To clarify the status of the 'unofficial' consolidated CDPA on the Patent
Office website...
It is in fact the correct text and is the PO's working text which they are
also supposed to be keeping up to date online. It was originally put up in
January 2005 as a result of a Freedom of Information request by a member of
LACA: the Libraries and Archives Copyright Alliance in the UK. It's not cal=
led
'official' because it's not in the DCA's (Dept of Constitutional Affairs)
forthcoming Statutes Law Database which will be the official version of
consolidated UK law online nor is it in the OPSI HMSO Statutes (these latte=
r
Statutes are not consolidated at all which is why the FOI request was made)=
.
The definition of broadcasting given there is correct and current. It was
introduced by the Copyright and Related Rights Regulations 2003 which
transposed the EU InfoSoc Directive 2001/29/EC wef 31 October 2003. The
current definition resulted from the needs of the transposition of the
Directive into UK law but it does not come from the Directive itself. The n=
ew
definition also removed all reference to cablecasting.
Barbara
Barbara Stratton
Senior Adviser, Copyright at CILIP: the Chartered Institute of Librarians a=
nd
Information Professionals
Member, Copyright and other Legal Matters Committee Executive Board, IFLA:
International Federation of Library Associations and Institutions
CILIP, 7 Ridgmount Street, London WC1E 7AE United Kingdom
Tel: +44 (0)20 7255 0500 Fax: +44 (0)20 7255 0501 Textphone: +44 (0)20 7255
0505
General e-mail: info@cilip.org.uk  Web: www.cilip.org.uk
IFLA-CLM Web Site: http://www.ifla.org/III/clm/copyr.htm[1]
-----Original Message-----
From:   a2k-admin@lists.essential.org on behalf of Michelle Childs
Sent:   Thu 07/09/2006 16:02
To:     Thiru Balasubramaniam
Cc:     a2k@lists.essential.org
Subject:        Re: [A2k] Submission of the USA to the WIPO SCCR on "netcas=
ting"
published on WIPO web page
 Looking at the unofficial consolidated text of UK legislation on the
Patent Office site it appears that the UK definition is slightly
narrower as it
a)        specifically excludes any internet  transmission unless it falls
into the three areas (a-c)
b)        does not refer to near simultaneous reception.
However this is only the unofficial version and I am looking through other
texts to double check the position,  but  while I do does any one else
know if this is the final UK position?
Michelle
UK legislation ( from unofficial consolidated text)
Excepted from the definition of "broadcast" is any internet transmission
unless it
is =96
(a) a transmission taking place simultaneously on the internet and by
other means,
(b) a concurrent transmission of a live event, or
(c) a transmission of recorded moving images or sounds forming part of a
programme service offered by the person responsible for making the
transmission, being a service in which programmes are transmitted at
scheduled times determined by that person.
>
>
>
> On August 1, 2006 the US presented the following submission
> (*SCCR/15/INF/2)* to WIPO on "netcasting" which is now available on the
> WIPO website in three languages.
>
> Here is the main WIPO link to the US submission.
>
> http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D65873[2]
>
>
>
> Please see Jamie's comments on this document here:
>
>
http://www.cptech.org/blogs/wipocastingtreaty/2006/09/how-restrictive-is-us=
ptoloc-proposed.html[3]
>
> and
>
>
http://www.cptech.org/blogs/wipocastingtreaty/2006/08/us-government-propose=
s-sweeping-new.html[4]
>
>
>
>
> _______________________________________________
> A2k mailing list
> A2k@lists.essential.org
> http://lists.essential.org/mailman/listinfo/a2k[5]
>
--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://www.cptech.org[6]
Consumer Project on Technology in Washington, DC
1621 Connecticut Ave, NW, Washington, DC 20009 USA .Tel.:
+1.202.332.2670,Fax: +1.202.332.2673
Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

=3D=3D=3DReferences:=3D=3D=3D
  1. http://www.ifla.org/III/clm/copyr.htm
  2. http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D65873
  3. http://www.cptech.org/blogs/wipocastingtreaty/2006/09/how-restrictive-=
is-usptoloc-proposed.html
  4. http://www.cptech.org/blogs/wipocastingtreaty/2006/08/us-government-pr=
oposes-sweeping-new.html
  5. http://lists.essential.org/mailman/listinfo/a2k
  6. http://www.cptech.org