[A2k] Howard Knopf on WIPO Broadcasting Treaty

[Manon Ress]

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[ Picked text/plain from multipart/alternative ]
Tuesday, June 19, 2007
WIPO Broadcasting Treaty - June 19, 2007
http://excesscopyright.blogspot.com/

It=92s been a hectic and inconclusive time at WIPO on the Broadcasting
Treaty over the last couple of days.

Brazil etc. wants to enshrine A2K and cultural diversity in the body
of the treaty and not relegate them to the preamble.

The US opposes this and is also very cool towards the exclusive right
approach.

Canada has taken a decisive position that recognizes that there will
be costs and consequences of the proposed treaty and allows for an
opt-out from exclusive retransmission rights. Canada has stated:

     Canada recommends that Contracting Parties which did not give
broadcasters a right to authorize simultaneous retransmission
immediately prior to joining the treaty be allowed to opt out of
simultaneous retransmission right with respect to unencrypted
broadcasts (i.e. unencrypted wireless transmissions) provided that
the retransmission is:
     =95 not to another country (i.e. is not to a third country or back
to the country of origin).
     =95 not over a computer network accessible in another country
     =95 not by unencrypted satellite signal


This would allow for the continued retransmission of free over the
air =93local=94 signals within Canada, including those from US border
stations - which have always been retransmitted =93for free=94 in Canada
as long as they are within the definition of =93local.=94

This has gotten some good attention and coverage at the influential
IP-Watch site. Personally, I think Canada is to be commended for
taking a clear and constructive position that is consistent with the
rest of CDN policy, e.g. CRTC and was arrived at after extensive
consultation.

Apparently there was much talk about what =93deferred=94 means in the
context of a deferred retransmission right.

The Chair - Jukka Liedes - who has much personal investment in this
effort (10 years of chairing these meetings and holding the drafting
pen) - somewhat mysteriously returned to Finland on day 2, although
he is presumably expected back in Geneva on day 3. He has been under
much criticism from many quarters for not listening to the clear
signal to stay away from an =93exclusive rights=94 approach and to focus
on a minimal "signal protection" conception.

The meeting has basically only dealt so far with the preamble. It is
supposed to get through the whole substance by Thursday.

The US is sending strong signals that it isn=92t out to get a treaty
=93at any cost.=94

This is supposedly a =93do or die=94 meeting. Not only Mr. Liedes but
WIPO itself has a great investment in this process. WIPO has become
much less influential in recent years in terms of norm setting and
has failed to achieve any meaningful treaty results since the 1996
WCT and WPPT treaties, which still suffer from minimal actual
ratification by major developed countries. The last thing WIPO needs
now is a failed diplomatic conference, or another treaty that doesn=92t
enter into force due to lack of support or doesn=92t have any
importance. Just think integrated circuits and audio-visual - not to
mention data bases and patent law harmonization.

Even the content owner friendly Hollywood Reporter seems to radiate
pessimism about treaty prospects - and has some good coverage of the
heavy corporate opposition in the USA, which is clearly why the USA
has become lukewarm if not outright cool or cold to the whole effort.

HK

posted by Howard Knopf | 5:50 PM | 0 comments

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manon.ress@keionline.org,

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