[WSIS CS-Plenary] WIPO Debates Fate of Broadcasting Treaty

[Robin Gross]

IP Justice Media Release  ~  2 May 2006

Contact: Robin D. Gross, IP Justice Executive Director
   Telephone: +1.415.553.6261    Email: robin at ipjustice.org 
<mailto:robin at ipjustice.org>

WIPO Debates Fate of Treaty on Broadcasting and Webcasting:
Controversial Provisions Remain in Treaty Draft Over Majority Objections

(Geneva)  IP Justice is in Geneva to participate at the 14^th session of 
the Standing Committee on Copyrights and Related Rights (SCCR) at the 
World Intellectual Property Organization (WIPO) from 1-5 May 2006.  WIPO 
is the United Nations Specialized Agency that writes intellectual 
property rights treaties.   This meeting is the final SCCR meeting 
before the WIPO General Assembly votes this fall to send the 
Broadcasting Treaty to a Diplomatic Conference for final treaty drafting. 

The main agenda item at the 14th SCCR Session is a proposed treaty to 
create a broad range of new rights for broadcasting companies.   The 
United States has proposed that the treaty also regulate Internet 
transmissions of media, or Webcasting.  

The proposed Broadcasting Treaty would create entirely new rights for 
broadcasting companies at the expense of the public interest and 
artists' rights.  At previous SCCR meetings, numerous Member States 
expressed discomfort with the US proposal to widen the scope of the 
treaty to include webcasting and with the unpopular anti-circumvention 
rights for broadcasters.  Yet, despite the stated concerns from Member 
States, the provisions that received the most objection remain within 
the draft treaty proposal.  

"It is difficult to accept an undemocratic process from a United Nations 
Specialized Agency that is drafting an international treaty on 
broadcasting," said IP Justice Executive Director Robin Gross.  "But it 
seems the webcasting and anti-circumvention provisions remain glued to 
the text of the treaty despite the will of the majority of WIPO Member 
States," Gross said.

At the conclusion of this 14th Session, the committee chairman is 
supposed to publish a revised draft treaty that reflects the concerns 
expressed at this meeting.  It remains to be seen whether the wishes of 
the majority of Member States will be accounted for in the next draft.  
Without such an accounting, it is likely that the WIPO General Assembly 
will vote this Fall to reject a Diplomatic Conference for a Broadcasting 
Treaty.

 
More Info:

IP Justice: /"Top 10 Reasons to Reject the WIPO Broadcasting Treaty"/ 
<http://www.ipjustice.org/WIPO/2006_top10_Broadcast_Treaty.shtml>:
http://www.ipjustice.org/WIPO/2006_top10_Broadcast_Treaty.shtml

IP Justice Statement on Broadcasting Treaty and Webcasting at 14th SCCR: 
<http://www.ipjustice.org/WIPO/14_SCCR_050106.shtml>
http://www.ipjustice.org/WIPO/14_SCCR_050106.shtml

IP Justice Op-Ed on the WIPO Broadcasting Treaty in /"IP-Watch"/ (1 May 
2006): <http://www.ip-watch.org/weblog/index_test.php?p=286>
http://www.ip-watch.org/weblog/index_test.php?p=286

Draft Basic Proposal for the WIPO Treaty on the Protection of 
Broadcasting Organizations Including Non-Mandatory Appendix on the 
Protection in Relation to Webcasting (SCCR 14/2): 
<http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=57213>
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=57213

Proposal by Colombia Concerning Article 16 of the Consolidated Text for 
the Draft Treaty on the Protection of Broadcasting Organizations (SCCR 
14/4): <http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=58472>
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=58472

IP Justice Webpage on WIPO Broadcasting Treaty: 
<http://www.ipjustice.org/WIPO/broadcasters.shtml>
http://www.ipjustice.org/WIPO/broadcasters.shtml