[Upd-discuss] Broadcast Treaty Survey Draft - request for comments and volunteers

[James Love]

Some additional questions might be helpful in framing issues...  perhaps 
something like this.

Should the broadcast organization be permitted to restrict the fixation 
or redistribution of materials that are in the public domain?




David Tannenbaum wrote:
> Dear UPD-discuss subscribers,
> 
> As you may have heard, a treaty granting new privileges to broadcasters is
> now being considered by the World Intellectual Property Organization (WIPO).
> This proposal expands and gives new rights to transmitters of information,
> even if they are not the creators of that information, and even if those
> works' authors wish to have the works distributed without restriction.
> 
> Many of the proposed versions of the treaty pose a threat to the public
> domain, and include provisions that would:
> 
> * Expand broadcasters' control over the use of material that they broadcast,
> even if this material is drawn from the public domain.
> * Lengthen the term of this control from 20 to 50 years.
> * Extend control to new technologies, including webcasting.
> * Prohibit the circumvention of technical measures intended to restrict
> "unauthorized" use of materials.
> 
> We would like to figure out where countries stand on these provisions so
> that citizens can act appropriately to preserve the public domain. Towards
> this end, we are drafting a survey in the hope that you would be willing to
> call your country's trade office and ask them where they stand on the
> issues. 
> 
> A draft version of this survey is posted below, and we would love to hear
> your comments and suggestions on it. If you have any comments, and/or if you
> would be willing to call your trade representative, please contact me ASAP!
> 
> 
> Yours,
> David
> Coordinator, Union for the Public Domain
> 
> P.S.  The chairman's draft of the treaty is available at
> http://www.wipo.int/documents/en/meetings/2004/sccr/index_11.htm. James
> Love's note summarizing the main issues is at
> http://www.cptech.org/ip/wipo/casting-note-29Oct03.html.
> 
> 
> ------------------------------------------------------------------------
> [DRAFT VERSION 1.0.3]
> Union for the Public Domain
> Survey of National Trade Reps Regarding the WIPO Broadcasting Treaty
> 
> The public domain is regularly threatened by proposals in many
> international forums, including the World Intellectual Property
> Organization.  One of the major difficulties of protecting the public
> domain against these threats is that the positions of national trade
> representatives are unknown, even to local citizens.
> 
> This questionnaire is being used by volunteers to collect information
> about  national positions on the proposed WIPO Broadcast Treaty. The
> results you collect will be posted on the Web so that citizens in your
> country and  around the world can act appropriately to protect the
> public domain.
> 
> The proposed WIPO Broadcasting Treaty expands and gives new privileges
> to transmitters of information.  Rights that are normally granted to
> creators and performers would be given to organizations that merely
> transmit creations and performances--even if those works are in the
> public domain, or if those works' creators  wish to have the works
> distributed without restriction. (For more information see
> http://www.public-domain.org).
> 
> This questionnaire can be filled out directly by government officials in
> your country, or you can interview the officials and report their
> answers.  It may take some work to find someone who is willing to answer
> the survey, but your persistence will pay off by strengthening our
> efforts to protect the public domain.
> 
> Please make sure to record the names of the government officials with
> whom you interact, and the results of your interaction, even if they
> were negative. This way we can be more efficient next time we administer
> a survey.
> 
> Once you have collected as much information as you can, please e-mail it
> to davidt@public-domain.org.
> 
> Information about person administering survey
> ---------------------------------------------
> Name:
> E-mail address:
> Country surveyed:
> Country of residence:
> 
> Record of Interactions with Government Officials
> -------------------------------------------------
> Date:
> Name of official:
> Office:
> Position:
> Contact info (phone, address):
> Description of interaction:
> 
> 
> Questions for government officials
> -----------------------------------
> 
> Should WIPO schedule a diplomatic conference on the WIPO Broadcast Treaty?
> 
> Should the treaty have a 50 year term of exclusive broadcasting rights,
> as proposed by some, or retain the 20 year term in TRIPS, as proposed by
> Singapore?
> 
> Should Does the Treaty to apply only to traditional wireless
> broadcasting; or should the treaty be extended to cable or to the World
> Wide Web?
> 
> If the treaty includes a provision on webcasting, what is the
> appropriate definition of webcasting?
> 
> Will the treaty cover all type of content that is broadcast, including
> text, and other data?
> 
> Is it possible for the treaty to protect only motion pictures and or
> sounds, but exclude text and other data?
> 
> Should treaty to contain provisions regarding the circumvention of
> technological protection measures?
> 
> Should the treaty mandate implementation of "broadcast flags"
> technologies to protect digital content?
> 
> Should the treaty simply provide broadcasters with new rights to
> prohibit or authorize fixations, or the rental or re-dissemination of
> fixations?
> 
> [END, DRAFT VERSION 1.0.3]
> 
> _______________________________________________
> Upd-discuss mailing list
> Upd-discuss@lists.essential.org
> http://lists.essential.org/mailman/listinfo/upd-discuss
> 
> 


-- 
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040