[A2k] quick look at Jukka Liedes Treaty

[Manon Ress]

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


New draft, Old exclusive rights
by Manon Ress

Today, WIPO posted the  non paper.

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D77333

My quick read:

quote

5.=09The non-paper endeavors to lend full recognition to the =93signal-
based=94 approach, and to the focus determined by the General Assembly
and the SCCR.
end of quote

However, you have para 6:

quote:

6.=09During the preparatory process of the non-paper, representatives
of the broadcasting organizations have made a very serious point that
cannot be omitted.  If the Treaty is not based on some elementary and
absolutely necessary rights, the process should be abandoned.
Therefore the non-paper now includes, as the main operative part of
protection, specific related-rights-type rights in two instances
where the protection of a signal is most relevant, namely
retransmission and deferred transmission.

end of quote

and this:

SNIP

7.=09This represents the narrowest meaningful functional protection for
broadcasting organizations.  If Member States so wish, provisions may
be added allowing for optional wider protection, notably of post-
fixation rights or protection, which would enable international
protection, linked to a clause on national treatment and reciprocity
regarding optional rights or protection.


Check out the definition:
Article 2
SNIP
(e)=09=93retransmission=94 means the simultaneous transmission for the
reception by the public by any means of a broadcast by any other
person than the original broadcasting organization; simultaneous
transmission of a retransmission shall be understood as well to be a
retransmission;
end of quote

If they're serious about excluding the internet, they need to add:
"for the reception by the public by any means of a broadcast [ADD
with the purpose of retransmitting on traditional broadcasting
platform] by any other person than the original

And finally, the rights (since no matter what the GA said, they are
exclusive rights):

quote:

Article 7
Protection of Broadcasts

Broadcasting organizations shall enjoy the exclusive right of
authorizing the retransmission of their broadcasts, and the deferred
transmission by any means to the public of their fixed broadcasts.
end of quote

So, OK, no more fixation and reproduction but still rights.  We're
still beyond the mandate of the GA, the limitations and exceptions
are still lame and the good provisions on cultural diversity and
competition in the preamble "recognized"....

I'm wondering who is going to want the treaty?  The Chair? WIPO?

Hopefully, the US delegation will not agree to add exclusive rights
to the broadcasters already strong protection.


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

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