[A2k] KEI Statement re performers' rights at SCCR 19, 2009

[Manon Ress]

Knowledge Ecology International Statement at WIPO SCCR 19, December
17, 2009

"As members of the SCCR may know KEI represents the interests of
consumers and is active in promoting access to knowledge in order to
promote a richer civil society.

Mr Chairman, we have also been engaging with creative communities,
including authors and performers, as we passionately believe that the
world=92s culture benefits so much from their contributions, and we know
it is difficult and indeed often impossible for many talented persons
to live on their earnings as artists.

We are encouraged by the opportunities the Internet has provided for
these creators to distribute their music directly to consumers, and we
recognizes the challenges of dealing with authorized uses of digital
works, and unfair contracts that result from unequal bargaining
power.  To these ends, KEI is among others who are working to create a
new =93Paris Accord=94 between consumers and creative communities, and
provide new policy direction to support both access and creative and
inventive efforts.

In the WPPT audio performers were granted equitable remuneration when
their recordings were broadcast or played in public unless a member
state took a reservation on Article 15. The USA was one of the member
states that took such a reservation and we are very encouraged to see
the progress of the Performance Rights Act in the US.

As we know this equitable remuneration right was not extended to audio
visual performers which left audio-visual performers at a distinct
disadvantage compared with their audio-only counterparts.

Mr Chairman it is time to ensure that all performers whether they be
audio-only or audivisual have the same level of rights.

We therefore welcome and support the proposed audio-visual treaty and
hope that it will proceed to a diplomatic conference without delay."

***************************************************************************
Manon Ress
manon.ress@keionline.org
Knowledge Ecology International
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Fax: +1.202.332.2673

Il vaut mieux remuer une question, sans la d=E9cider, que la d=E9cider,
sans la remuer. (Pens=E9es, essais, maximes et correspondance de J.
Joubert  p.249)
Translation: It is better to debate a question without settling it
than to settle a question without debating it