[A2k] IMMF Intervention David Stopps SCCR17 Geneva 6Nov08 - FUTURE WORK

[David Stopps]

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Intervention at the WIPO SCCR17 held in Geneva by David Stopps on behalf of
The International Music Managers Forum on Thursday 6 November 2008 regarding
future work of the SCCR  and specifically on work on a possible treaty for
Audio-Visual Performers and a possible treaty for Broadcasters.

Mr Chairman as mentioned yesterday I am speaking to you today on behalf of
the IMMF. We represent the interests of featured artists, both authors and
performers. These are the artists that you hear on the radio or see on your
televisions but we also represent featured artists that are just starting
out that you might see at your local pub or club.

Quite frankly Mr Chairman we are surprised that the proposed broadcasting
treaty is still on the SCCR agenda following the complete lack of consensus
following the SCCR S2 special meeting in June 2007. As the US delegation
mentioned this morning the chair and the secretariat need to be mindful of
the ongoing amounts of time and resources that this issue is liable to take
up.

The SCCR has been discussing this issue for 10 years when there are so many
other pressing and more important issues that this prestigious committee
could have been addressing.

The very urgent need for an audio-visual treaty to protect and compensate
audio-visual performers, the long overdue reform of collective management,
orphan works and progress on new compensation structures for all copyright
stakeholders in the anarchy that is currently going on on the internet, are
all important and pressing issues that this expert committee could and
should be constructively addressing. Technology is moving at the speed of
light and laws are already out of date. We need to catch up fast before the
whole system collapses.

Mr Chairman the General Assembly decreed that this committee should look at
finding a signal-based conclusion to the proposed broadcasting treaty. Most
people take signal based to mean no exclusive rights.

We all know that to avoid piracy all the broadcasters need is protection of
their signals. Most member states already have such protection in their
national law. However, if this committee wishes to put forward a very narrow
treaty dealing with signal protection only with no exclusive rights then so
be it.

Mr Chairman the producers of audio-visual works clearly need certainty
concerning their investments and therefore quite understandably need the
transfer of rights from audio-visual performances contained in their
audio-visual works.

The performers on the other hand have exceedingly weak rights in their
audio-visual performances which urgently needs to be rectified. They need to
be assured that they will be properly compensated for such a transfer.

It seems to me that everyone in this room understands and supports the need
for audio-visual performers to have the same level of rights as enjoyed by
audio-only performers courtesy of the WPPT.

On that basis I appeal to all parties and member states to engage in this
issue in a spirit of compromise and lets fill this huge gap in copyright and
related rights that this audio-visual issue represents.
The treaty for audio-visual performers should be a top priority.

In contrast to the proposed broadcasting treaty, we believe a treaty for
audio-visual performances is far more achievable in a comparatively short
period of time, and indeed far more necessary.

This is an issue where everyone could be winners.

Thank you Mr Chairman.


David Stopps
Director of Copyright and Related Rights for the Music Managers Forum UK
Director of Copyright and Related Rights for the International Music
Managers Forum
www.immf.com

Managing Director
FML
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t: +44 (0) 1296 434731  f: +44 (0) 1296 422530  m: +44 (0) 7899 870023  us
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www.fmlmusic.com

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