[Ecommerce] WIPO Secretariat Press Release Momentum Grows to Update Broadcaster's Rights

[James Love]

This today from the WIPO Secretariat.  jl

Press Release 2005/431
Geneva, November 24, 2005

MOMENTUM GROWS TO UPDATE BROADCASTER=92S RIGHTS

Member states of the World Intellectual Property Organization (WIPO)
advanced its work towards development of a treaty to update
intellectual property (IP) standards for broadcasters in the digital
age, at a meeting of the Standing Committee on Copyright and Related
Rights (SCCR) in Geneva from November 21 to 23, 2005. Mr. Jukka
Liedes of Finland, Chairman of the SCCR highlighted the "high quality
debates=85now higher than ever" and said that "there is today a much
greater understanding of the concepts and issues contained in a
second Revised Consolidated Text of treaty proposals."

    [CPTech note:  it's true.  Much greater understanding because it
is the first time the new text was even discussed]

This was the first meeting of the SCCR since a decision by the WIPO
General Assembly in October 2005 to accelerate work relating to the
protection of broadcasting organizations to update international IP
standards for broadcasting in the information age with a view to
adopting an international treaty by 2007. At the General Assembly,
member states agreed to hold two further meetings of the SCCR, which
is overseeing the negotiations. This would pave the way for the
General Assembly in autumn 2006 to recommend the convening of a
diplomatic conference to conclude a treaty in early 2007.

   [CPTech note:  The statement "this would pave the way" should more
accurate by "this could pave the way" ]

"This meeting of the SCCR showed a genuine willingness by all member
states to finalize these talks in a balanced way. The discussions
were constructive and reflected the seriousness of all member states
to arrive at solutions that take into account the various interests,"
said Mrs. Rita Hayes, WIPO Deputy Director General who oversees
WIPO=92s work relating to copyright. "There are several issues that
require further negotiation, but I am confident that the current
atmosphere is conducive to a successful outcome," she added. Mrs.
Hayes also welcomed the positive contribution of non-governmental
groups =96 both civil society and industry representatives =96 to the
talks. "This inclusive approach guarantees that all interests are
taken on board," Mrs. Hayes said.

   [CPTech note:  WIPO has been inclusive.    NGOs were told they a
had a single 2 minute change to address the broadcast/webcast treaty,
but the presentations were pretty useful.]

Discussions at the SCCR meeting were based on the second Revised
Version of the Consolidated Text ((Document SCCR/12/2 Rev.2) and a
working paper to address whether and how protection should extend to
webcasters, entities that transmit over the Internet either directly
or as an adjunct to traditional broadcasting activities (Working
Paper on Alternative and Non-Mandatory Solutions on the Protection in
Relation to Webcasting DocumentSCCR/12/5 Prov.). Brazil and Chile
also presented two working papers to the meeting (SCCR/13/3 CORR. and
SCCR 13/4).

   [CPTech note:  Press release might mention that WIPO gave a press
conference one year ago where they claimed webcasting was out.  Now
it is the main thing they talk about].

Discussions fostered an exchange of views on the scope of the new
treaty and rights to be granted. Some delegations seek to limit
protection on the rights needed to prevent the theft of signals. On
duration of rights, some delegations expressed support for a term of
protection of 20 years, though proposals of most member states call
for a 50-year term of protection.

   [CPTech note:  This is not very good reporting.   The most
important theft of signal's approach, which has a lot of support,
would eliminate the term altogether, because the protection would not
extend to economic rights in the content].

Updating the IP rights of broadcasters, currently provided by the
1961 Rome Convention on the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations, began at WIPO in 1997. A
growing signal piracy problem in many parts of the world, including
piracy of digitized pre-broadcast signals, has made this need more
acute.

    [CPTech note:  Evidence?   Not needed in this forum.  A few
stories are enough.  On the other hand, one might look at the highly
profitable nature of broadcasting and the explosive grow of
webcasting as a signal that things are doing pretty good without the
new regulatory regime].

In addition to the question of the protection of broadcasting
organizations, the SCCR agenda included a discussion on exceptions
and limitations to rights for the purposes of education, libraries
and disabled persons, a study on voluntary copyright registration
systems, and the protection of non-original databases.

   [CPTech note:  And?  Actually, this was an important discussion.
Many governments have asked for follow-up discussions on L&E at next
SCCR]

At the beginning of the meeting, member states examined the impact of
the copyright system on the use of protected works for educational
purposes in both the analog and digital environments, particularly in
developing countries. For further information on those discussions,
please see http://www.wipo.int/edocs/prdocs/en/2005/
wipo_pr_2005_430.html.

For further information please contact the Media Relations and Public
Affairs Section at (+ 41 22) 338 81 61, 338 95 47 Fax: (+41 22) 338
82 80, E-mail: publicinf@wipo.int.