[A2k] WIPO SCCR/15/5: EC submission on limitations and exceptions

[Thiru Balasubramaniam]

Submission to WIPO on the Treaty for the Protection of Broadcasting
Organizations by the European Community and its Member States and the
Acceding States of Bulgaria and Romania

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D66036


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<SNIP>

In the light of the mandate of the next Standing Committee on Copyright
and Related Rights (=93SCCR=94) of the World Intellectual Property
Organization which will deal with traditional broadcasting including
cablecasting, without prejudice to the status of simulcasting, and any
future SCCR that is convened to deal with internet based broadcasting,
the European Community^ 1
<http://www.wipo.int/edocs/mdocs/sccr/en/sccr_15/sccr_15_5.doc#bmk6> and
its Member States submit this document for consideration to the SCCR.
This document is intended as a constructive contribution to the
discussions in the Standing Committee. It arises out of the discussions
at the 14th SCCR including requests by other members of the SCCR. In the
light of further discussions in the SCCR, we do not exclude the
possibility of adapting or adding to our submission.




<SNIP>

The aim of this document is to present the way in which the European
Community and its Member States apply exceptions or limitations
consistent with their obligations under the

WCT and the WPPT in relation to the rights of broadcasting
Organizations. This would also apply to Article 12 of the Draft Basic
Proposal as this provision reflects the corresponding provision of
Article 16 WPPT. The European Community and its Member States would,
nevertheless, point out that there are ways other than exceptions or
limitations to facilitate access to culture and knowledge.