[A2k] SCCR_16_LCA intervention on Broadcasting Organisations Treaty

[Barbara Stratton]

The Library Copyright Alliance continues to have serious reservations about=
 the proposed Treaty on the Protection of Broadcasting Organizations.

There is insufficient justification for a broadcast treaty, given the absen=
ce of any evidence of harm to broadcasters under the current international =
regime, enforced by the application of the Rome Convention and copyright la=
w.

This lack of a clear benefit can be contrasted with the harms risked by a t=
reaty that requires granting broadcasters an intellectual property right in=
 signals. As part of their core mission, libraries house and transmit to th=
e public a wide variety of media, including broadcast material. In making u=
se of this material, libraries rely upon limitations and exceptions to the =
copyright in the underlying work. If these broadcast works are subject to a=
n additional layer of intellectual property rights, with a separate set of =
exceptions and limitations, their current uses would become unlawful.

Libraries are particularly concerned about the impact on classroom instruct=
ion and distance education; educational and research uses; and ordinary pub=
lic discourse. All of these uses would be permitted by the limitations and =
exceptions in the Copyright Act, but absent a parallel set of limitations a=
nd exceptions for the broadcast right, they would expose libraries to liabi=
lity.

We therefore ask the Committee to seek a treaty that can accommodate the ex=
isting environment and system of copyrights, exceptions, and limitations. I=
f a proposed treaty cannot work without overturning existing systems, it sh=
ould be abandoned.


Contacts:

Lori Driscoll
Library Copyright Alliance
ldriscoll AT uflib DOT ufl DOT edu

Carrie Russell
Library Copyright Alliance
crussell AT alawash DOT org