[A2k] KEI Statement on Broadcasting Treaty (16th WIPO SCCR)

[Thiru Balasubramaniam]

12 March 2008

KEI Statement on Broadcasting Treaty

KEI opposes the agenda itme for the protection of broadcasting
organizations for the following reasons.

1.  KEI opposes the granting of intellectual property rights to
broadcasters.   Copyright and related rights should only be given on the
basis of creative contributions.  To the extent that a broadcasting
organization does anything creative, they can obtain copyright
protection.  To the extent they only distribute works, they should have
no more intellectual property rights than we give to book stores,
supermarkets, video rental services, iTunes,  other services that
distribute copyrighted works.

If broadcasting organizations have a real problem with signal piracy, it
can be solved with a solution that focuses on this issue, without the
granting of intellectual property rights.  The fact that broadcasting
organizations reject a signal piracy treaty speaks volumnes.   Signal
piracy can easily be addressed under existing treaties and regulatory
regimes.

WIPO should put this issue to rest, and focus on real problems, of which
there are many.

2.  For many years, the SCCR has devoted its time and energy to the
broadcasting treaty, and ignored or deferred requests to deal with other
problems.  The World Blind Union has been asking, for several years, for
the SCCR to address their very real problems in ensuring access to
copyrighted works.  Why has this problem, which is so compelling and
well documented, been deferred?  It is because the SCCR has focused all
of its energy on solving a non-existent problem for broadcasting
organizations.

If at some later day, the broadcastering organizations can make a more
compelling case for norm setting activity by WIPO, the issue can be
revisited.  Until then, the SCCR should address the practical problems
of making the copyright system work better for consumers and creative
communities.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997