[A2k] David Stopps (IMMF) Intervention at WIPO June 19, 2007

[Manon Ress]

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[ Picked text/plain from multipart/alternative ]
Intervention at the WIPO SCCR S2 held in Geneva by David Stopps on
behalf of The International Music Managers Forum on Tuesday 19 June
2007 regarding a possible Treaty for Broadcasters

Madam Vice Chairman I would like to add my warmest congratulations to
you, to the Chairman and to the other Vice Chair, the distinguished
delegate from Morocco on their re-election, and I would like to
sincerely thank the committee for allowing us to speak today. I am
addressing our comments to our Chairman Mr Jukka Liedes even though
he is unfortunately unable to be with us today.

I am speaking on behalf of the IMMF, The International Music Managers
Forum. We represent featured artist managers and through them the
featured artists, both authors and performers, who are the source of
over 95% of the economic activity in the worldwide music industry.

Mr Chairman, after a great deal of lobbying by NGO's and the
constructive comments put forward by many delegations it was
concluded that all broadcasters really need to prevent piracy is
signal protection provisions, to prevent the illegal use or theft of
their signals.

The General Assembly convened in September 2006 and came to the
conclusion that if there was to be a treaty it should be based on
signal protection. To most people in this room 'signal based' clearly
means 'no exclusive rights' as was articulated by several delegations
yesterday.

We read in the latest Non Paper that the broadcasters have stated "If
this treaty is not based on some elementary rights, the treaty should
be abandoned".

This poses us with a dilemma. On the one hand the General Assembly
has instructed the committee to construct a treaty that is based on
signal protection which implies no exclusive rights, and on the other
the broadcasters say that without such rights the treaty should be
abandoned.

Well Mr Chairman, let us pause for a moment and think the
unthinkable....abandoning this treaty. If this treaty was abandoned
this week or perhaps put on hold for 5 years and then re-visited
would this be a disaster?

We say it would not be. As an organisation we have been attending
these SCCR meeting for 6 years, and some here amongst us in the cheap
seats at the back have been attending these meetings for 10 years
discussing this treaty. In that time we have all become experts in
broadcasting, webcasting, the internet and we have even discovered
what a pre-broadcast signal is.

We have had the opportunity to discuss a multitude of copyright and
related rights issues with delegations and NGOs who we would never
have had the opportunity of meeting otherwise. For example, yesterday
I was able to lobby the UK delegation face to face, something that is
nearly impossible for us to do in London.

It has also been no great hardship, once or twice a year visiting
this beautiful city of Geneva with its majestic lake, its mountains
and its spectacular high velocity fountain!

No, Mr Chairman, to abandon this treaty would not be a failure.


However, if with the lack of consensus that currently exists, this
committee moves forward to a diplomatic conference and that fails, as
many believe is quite likely, this will indeed be a disaster for WIPO
and this Committee.

Some here may recall the failure of the last diplomatic conference on
Audio-Visual rights. To have two failures in a row would indeed be a
disaster.

Mr Chairman the landscape out there is changing at the speed of
light. Never before has there been so much important and useful work
on which this prestigious committee could be focused.

Issues such as, reform of collective management, harmonisation of
limitations and exceptions, resolution of the audio visual dilemma,
provision of a public performance right in sound recordings in the
United States and progress on new compensation structures for all
copyright stakeholders in the anarchy that is currently going on on
the internet are all issues that this committee should be
constructively addressing.

Mr Chairman we have all wasted far too much valuable time going round
and round with this unnecessary broadcasting treaty when there is so
much more important work to do.

Please take the courageous, bold and right decision to postpone any
further discussion for 5 years and then revisit the issue in the
light of future developments.

Thank you Mr Chairman.


The International Music Manager=92s Forum represents featured artist
music managers and through them the featured artists (performers and
creators) themselves. These featured artists are those that are the
source of over 95% of the economic activity in the global music
industry. Featured artist music managers are uniquely placed to
comment on music industry issues, as they are the only group of
professionals that deal with every aspect of the music industry and
the copyright system as it applies to music on a daily basis. Music
managers are responsible for every aspect of the artist=92s career
including interfacing and negotiating with phonogram producers, music
publishers, making arrangements for touring, sponsorship,
merchandising, and ensuring that all the available income streams,
including those from collection societies, are properly managed.
Managers are generally remunerated on a commission basis (usually in
the region of 20% of income actually received by the artist) so
income streams affecting the artist also directly affect those of the
manager. The International Music Managers Forum comprises 15 Music
Managers Forums around the world including Australia, Belgium,
Canada, Denmark, Finland, France, Germany, The Netherlands, New
Zealand, Norway, Poland, South Africa, Sweden, United Kingdom and
United States.

Contact:
David Stopps
Head of Copyright and Contracts
International Music Managers Forum
Tel: +44 789987 0023
e: davidstopps@fmlmusic.com

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Manon Anne Ress
manon.ress@keionline.org,

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