[Ecommerce] Quick analysis of WIPO draft Webcasters treaty

[Philippe Aigrain]

Apart from the issues of scope and duration of protection already highlighted
by Manon, I would stress the following :

- The "larger public interest, particularly education, research and access to
information" is given lip service in the 4th paragraph of the preamble.
However this is not reflected in the substantive provisions, notably not in
art. 16 on technical measures. Even if the alternative V is excluded,
circumvention for legitimate purposes (for instance quoting broadcasted
material for the purpose of criticism or information) will have to be
defended on the ground that by nature the technical protection measures were
used to rectrict acts permitted by law. First go to jail, and then prove it
was wrong.
- Article 14 authorises exceptions (though why only in cases where they exist
for literary works, some additional exceptions could be necessary considering
the role of TV ?). But the draft does not make any provision for forcing
technical protection measures to implement these exceptions.
--
Philippe Aigrain
Society for Public Information Spaces