[A2k] U.S. statement at WIPO General Assembly on SCCR

[James Love]

Below is the US statement at WIPO General Assembly on SCCR.

The U.S. helpfully opposed the EU proposal to lower the standard for a
diplomatic conference for a broadcasting treaty, and focused on a
"signal based" approach.  But also endorsed an expansion of such a
treaty to webcasting.

Notice that the US supports in principle the need to consider possible
treaties for broadcasting and the protection of audiovisual
performances, but stated also that the U.S.:

  "is not convinced of the need to undertake norm-setting activities at
the international level related to exceptions and limitations, given the
success of the Berne framework."


http://keionline.org/node/608


On September 28, 2009, the United States of America delivered the
following intervention on agenda item 25 concerning the Standing
Committee on Copyright and Related Rights (SCCR) at the 47 Session of
the Assemblies of the Member States of WIPO.

US Statement
Agenda item 25
Standing Committee on Copyright and Related Rights

The United States has long supported efforts to update protection in the
digital age for broadcasting, cablecasting and webcasting organizations,
provided, however, such protection does not interfere with the rights of
the underlying content owners of the public interest.

As the EU proposal proposes relaxing the mandate set by the 2006 WIPO
General Assembly (GA) for convening a Diplomatic Conference, on grounds
that the standard is overly restrictive. That mandate requires SCCR
members to reach an agreement on the objectives, specific scope and
object of protection in a signal-based approach to a treaty for the
protection of broadcasting organizations before convening a Diplomatic
Conference.

The United States respectfully disagrees with the EU. As a threshold
matter, the United States notes the 2006 GA mandate was a direct
response of the failure of the SCCR to reach agreement on even the most
fundamental elements of a possible treaty text. That is, the SCCR failed
to reach agreement on the kinds of broadcasts to be protected, as well
as the scope of rights and exceptions and limitations. In the view of
the United States, therefore, the terms of the 2006 GA are necessary,
prudent and appropriate.

More broadly, the United States believes that the terms of the 2006 GA
mandate are consistent with well-established WIPO policy and practice
for convening a successful Diplomatic Conference, which strongly favors
reaching agreement on the principal provisions of a treaty text before
convening a Diplomatic Conference. Thus, we believe the EU's proposal
could set an unfortunate precedent for the other WIPO Committees.

TALKING POINTS:

Exceptions and Limitations for the Blind and Visually Impaired

    * The United States is committed to furthering international efforts
to enhance the accessibility of copyrighted materials by the blind and
visually impaired.

    * The United States believes that national consultations are a
critical first step in any further work on this issue within the SCCR.
The United States shared the results of its consultations with
stakeholders at the last meeting of the SCCR in May, and those
consultations will continue in the United States in the future.

    * The United States looks forward to discussing a wide range of
solutions and proposals to enhance the accessibility of copyrighted
materials by the blind and visually impaired at the next meeting of the
SCCR in November, including the World Blind Union treaty proposal put
forward by Brazil, Ecuador, and Paraguay

Copyright Exceptions and Limitations in General

# The United States believes that the current Berne Convention framework
for copyright exceptions and limitations, which allows countries to
balance the competing claims of authors and the broad public at the
national level, is working well. Accordingly, the United States is not
convinced of the need to undertake norm-setting activities at the
international level related to exceptions and limitations, given the
success of the Berne framework.

TALKING POINTS:

# The United States, fully aware of the need to protect audiovisual
performers and copyright creators and owners in a digital world,
supports the adoption of a treaty that would protect audiovisual
performers.

# At the same time, the United States is aware of the differences that
remain among Member States for achieving such protection at the
international level, particularly differing approaches to the transfer
of exclusive rights from performers to producers.

# The United States appreciates the efforts of WIPO to conduct, and the
opportunity of the United States to participate in, the informal,
open-ended consultations on possible solutions on the international
protection of audiovisual performances, which the United States believes
have been very constructive.

# The United States supports and appreciates the efforts of the SCCR in
discussing the topic of a possible Treaty on the Protection of
Audiovisual Performances, and support maintaining this item on the WIPO
agenda.



--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
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