[A2k] WIPO SCCR 17, Nov. 6, 2008 - CI / TACD statement

[Anne-Catherine Lorrain]

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Here is the statement that was made today to the WIPO Standing Committee on
Copyright and Related Rights (SCCR) on behalf of Consumers International
(CI) and of the Trans Atlantic Consumer Dialogue (TACD).

*on items open for discussion: international protection of audiovisual
performances, proposed WIPO Treaty on broadcasting and future work of SCCR.
*


 November 6th, 2008

Merci Monsieur le President.


 Je m'exprime ici au nom de *Consumers International* et du* Dialogue Trans
Atlantique des Consommateurs *.

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Consumers organizations have already expressed their views that the crucial
issue of copyright limitations and exceptions should proceed. We support as
a priority consider of the proposal by the WBU.



 We are less enthusiastic regarding discussion of the protection of
broadcasting organizations.

We have concerns that many of the provisions contained in some versions of
the broadcasters treaty would create new limits on the rights of consumers
to use knowledge goods, undermining important limitations and exceptions in
traditional copyright laws; build barriers for innovations, and increase the
opportunity for anti-competitive practices.

Given the divisions within the SCCR over the broadcasting issue, and the
lack on consensus even on the purpose of the proposed treaty, it may be
interesting to consider a work program on broadcasting that begins with more
data gathering. The WIPO development agenda calls for such evidence based
work.

Recommendation 35 of the WIPO development agenda is as follows:

35. To request WIPO to undertake, upon request of Member States, new studies
to assess the economic, social and cultural impact of the use of
intellectual property systems in these States.

It may be useful at the next SCCR to discuss the type of studies that might
help the SCCR better understand the nature of the broadcasting industry, and
the impact of different norm setting exercises. For example, we may want to
know more about the current status of protection of sports broadcasting, or
the degree to which a new treaty would extend intellectual property rights
to owners of cable or satellite channels, and how such rights would impact
creative communities.


Finally, we suggest the EU proposal on orphan works could be usefully
included in the work program of the Brazil, Chile, Nicaragua, and Uruguay
proposal on Limitations and Exceptions.

Thank you for your attention.



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Anne-Catherine Lorrain
aclorrain@gmail.com
+32 473 99 97 92
www.aclorrain.fr