[A2k] read the new Chair's "combination"

[Manon Ress]

--
[ Picked text/plain from multipart/alternative ]
http://www.cptech.org/blogs/wipocastingtreaty/

January 18, 2007

Where's the "Signal Protection"?

Today, right after the NGOs were allowed take the floor for 2 minutes
each, the secretariat distributed the "new treaty".  It's called
"Chair's non-paper Combination of the four non-papers on Articles".
Check out the rights, the limitations and exceptions and the term...
and let me know if you think this is really about signal?  Or maybe
signal is not what I think?

This is the new text the delegates discussed (without NGOs permitted
in the room this afternoon and tonight)

Manon

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SCCR/15/2: Preamble

(no new or amended elements suggested for consideration)

New Article

Object of Protection

1) The provisions of this Treaty shall apply to the protection of
broadcasting organizations in respect of their broadcasts.

2) The provisions of this Treaty do not give rise to any rights in
the programme content that is transmitted by the broadcasting
organizations.

SCCR/15/2:  Article 1

[Manon: ALT CC of SCCR 15/2] (1) Nothing in this Treaty shall
derogate from existing obligations that Contracting Parties have to
each other under any international, regional or bilateral treaties
addressing copyright or related rights

(2) Protection granted under this Treaty shall leave intact and shall
in no way affect the protection of copyright or related rights in
program material incorporated in broadcasts. Consequently, no
provision of this Treaty may be interpreted as prejudicing such
protection.

(3) This Treaty shall not have any connection with, nor shall it
prejudice any rights and obligations under, any other treaties.

[Manon: NEW] 4) If this Treaty does not provide rights or protection
for the same scope and on the same level as the Rome Convention or
the TRIPS Agreement, Contracting Parties, who are Contracting States
of the Rome Convention or members of the TRIPS Agreement, will apply
the provision of these treaties between themselves.

SCCR/15/2: Article 2 - General Principles)

(No new or amended elements suggested for consideration)


SCCR/15/2: Article 3 - Protection and Promotion of Cultural Diversity

(No new or amended elements suggested for consideration)

SCCR/15/2" Article 4 - Defense of Competition

(No new or amended elements suggested for consideration)


SCCR/15/2: Article 5

Definitions

For the purposes of this Treaty:

a) "broadcast" means the programme-carrying signal used for
transmission by the broadcasting organization;

b) "signal" mean an electronically-generated carrier cpable of
transmitting programmes;

c) "broadcasting" means the transmission by wireless means of
broadcast for the reception by the public;

-such transmission by satellite is also "broadcasting";
- wireless transmission of encrypted signals is "broadcasting" where
the means for decrypting are provided to the public by the
broadcasting organization or with its consent;
- "broadcasting" shall not be understood as including transmissions
over computer networks;

d) "cablecasting" means...;

e) "broadcasting organization" and "cablecasting organization" mean
the legal entity that takes the initiative and has the responsibility
for the transmission of a broadcast tot he public, and for the
assembly and scheduling of the programme content;

f) "retransmission" means ...;

g) "communication to the public" means making the programme content
of broadcasts perceptible to the public;

h) "fixation" means... .

SCCR/15/2: Article 6

Scope of Application

1) The provisions of this Treaty shall apply mutatis mutandis to the
protection of cablecasting organizations in respect of their cablecasts.

2) The provisions of this Treaty shall not provide any protection in
respect of
(i) mere retransmissions by any means of transmissions referred to in
[Article ];
(ii) any transmissions where the time of the transmission and the
place of its
reception may be individually chosen by members of the public.

[Manon: new] 3) The provisions of this treaty shall not provide any
protection for netcasting organizations in respect of their netcasts
transmitted over the computer networks.

(No new or amended elements suggested for consideration)

SCCR/15/2: Article 8

National Treatment

[in italics ][ (1)  The choice between the broad Berne type and the
Rome/WPPT (specifically granted") type obligation will be left to the
Diplomatic Conference.]

(2) Each Contracting Party may choose to apply the obligation
provided for in paragraph (1) only to the extent that the other
Contracting party applies [Articles ] of this Treaty.  If a
Contracting Party avails itself of the possibility provided for in
this paragragh, the Contracting Party shall notify this application
to the Director General of WIPO.

SCCR/15/2: Article 9, 11 and 14

Rights in the Broadcast

Broadcasting organizations shall enjoy the exclusive right of
authorizing:

i) the simultaneous or deferred retransmissio of their broadcasts by
any means, including rebroadcasting, retransmission by wire, and
retransmission over computer networks; and

ii) the fixation of their broadcasts.


SCCR/15/2: Articles 10, 12, 13 and 15

Protection of Uses Following Broadcasting

Broadcasting organizations shall enjoy adequate and effective legal
protection in respect of
i) the direct or indirect reproduction, in any manner or form, of
fixations of their broadcasts;
ii) the making available to the public of the original and copies of
fixations of their broadcasts;
(iii) the making available to the public of their broadcasts from
fixations, by wire or wireless means, in such a way that members of
the public may access them from a place and a time individually
chosen by them; and

iv) the communiation to the public of their broadcsts, if such
communication is made in places accessible to the public against
payment of an entrance fee, or using very large screens in places
accessible to the public, or made in a profit making purpose.

SCCR/15/2: Article 16

Protection of the Pre-broadcast Signal

Broadcasting organizations shall enjoy adequate and effective legal
protection against
any acts referred to in [Article on rights abd Article on encryption]
of this Treaty in relation to their signals prior to
broadcasting.

SCCR/15/2: Article 17

(1) 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.

(2) Contracting Parties shall confine any limitations of or
exceptions to rights provided for in this Treaty to certain special
cases which do not conflict with a normal exploitation of the
broadcast and do not unreasonably prejudice the legitimate interests
of the broadcasting organization.

(3) Subject to the provisions in paragraphe 2, and in accordance with
paragraph 1, Contracting Parties may provide for limitations and
exceptions to the exclusive rights provided in this Treaty for such
purposes as private use, educational uses, scientific research, uses
for the benefit of disabled persons, legal deposit requirements,
reporting of current events, and use for public security and judicial
purposes.

[in italics] [The notion of "limitation" / "exceptio" is relevant in
the context of exclusive rights or corresponding protection
(possibliy including right to prohibit).

In the case of a more flexible standards of protection, such as
"adequate and effective legal protection", the need for "limitations
and exceptions" is less.  The reason for this is the fact that it
would be a matter for the Contracting Parties to design the form of
protection, the level of protection, the details of protection, and
the areas where there is no protection concerning some uses.  The
guiding standard would be the adequacy of the protection.]

SCCR/15/2: Article 18

Term of Protection

The term of protection to be granted to broadcasting organizations
under this Treaty shall last, at least, until the end of a period of
20 years computed from the end of the year in which the broadcasting
took place.

Artcile/15/2: Article 19 and 20

Protection of Encryption and Relevant Information

Contracting Parties shall provide for adequate legal protection and
effective legal protection against unauthorized

i) decryption of an encrypted broadcast;
ii) manufacture, importation, sale or any other act that makes
available a device or system capable of decrypting an encrypted
broadcast; and
iii) removal or alteration of any electronic inforamtion relevant for
the protection of the broadcasting organizations.

SCCR/15/2:

Article 21 to 34

(No new or amended elements suggested for consideration)

[END of NON-PAPER]








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Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
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Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

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Tel: +41 22 791 6727

Consumer Project on Technology
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Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607