[A2k] PK statement on broadcast treaty and future work

[Sherwin Siy]

--
[ Picked text/plain from multipart/alternative ]
Following is PK's oral statement on the broadcast treaty, as just delivered.

*
*

*Public Knowledge Statement on the Proposed Treaty on the Protection of
Broadcasting Organizations and Future Work at WIPO SCCR 17*



Thank you, Mr. Chairman. Public Knowledge does not believe that a
broadcasting treaty is necessary. A large number of national and
international instruments on copyright and related rights afford protection
to the necessary parties.



Furthermore, as you have noted, there has been a history of difficulties in
reaching resolution on a broadcasting treaty over the past several years.
The disagreements have extended even to the basic definitions of terms
within the General Assembly's mandate, such as what "signal-based" means.
The divergence of opinions extends to the objective, the scope, and the
object of protection of the treaty, and, according to interventions made
earlier today, may yet diverge even more with regard to webcasting and
post-fixation retransmission.



The marked lack of agreement, expressed just this morning by a large number
of delegations present, suggests that the needed consensus on an instrument,
even one narrowly tailored to address signal misappropriation, versus an
exclusive rights-based treaty, is not possible for the foreseeable future.



Among the difficulties preventing consensus is the concern that exclusive
rights in a treaty might create an overlap of potentially conflicting rights
and interests that might hamper end users in their ability to make
legitimate uses of information.



These problems, and the difficulties they have created in reaching consensus
here, highlight the value of approaching some of these issues not on a
right-by-right basis, and instead from the perspective of the users or uses
affected.



To that end, regarding future work, I would like to stress the importance of
resolving some of these issues via ongoing work on limitations and
exceptions, along the several tracks proposed this week. Subject areas for
this work include exceptions and limitations for the visually impaired,
libraries and archives, education, orphan works, and other critical issues.



These exceptions and limitations are pressing issues in the field of
copyright today, and I believe the authority of this Committee might best be
turned towards concrete steps addressing urgent needs in line with this
Committee's role in supporting WIPO's Development Agenda.


--
Sherwin Siy
Staff Attorney
Public Knowledge
202.518.0020