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    WIPO To Proceed On Broadcasting Treaty Talks Without Webcasting

    Published on 5 May 2006 @ 7:47 pm

    By , Intellectual Property Watch

    Negotiators at the World Intellectual Property Organization today scheduled another meeting on a proposed broadcasters’ rights treaty before deciding whether to recommend a full negotiation. They also took the significant step of putting an unpopular proposal to include webcasting in the treaty on a separate, later negotiating track.

    The conclusion of the five-day meeting of the Standing Committee on Copyright and Related Rights was to hold another meeting of the committee in the first week of September focused only on traditional broadcasting and cablecasting. The group’s recommendation will be made to the late September WIPO General Assembly. Proponents of a treaty are seeking a recommendation that the General Assembly set a diplomatic conference, or full negotiation.

    A key sticking point during the week was whether or how to include transmissions of broadcast over the Internet. The United States, whose webcasting proposal had been included as an annex to the draft treaty, fought to include webcasting, but this was put off to another committee meeting to be held in 2007. A European Union proposal to include simulcasting (which are simultaneous transmissions of broadcasts over the Internet), was also in the annex and also was put off with webcasting.

    “It was a successful conclusion,” said WIPO Deputy Director General Rita Hayes, noting that the majority of member states opposed the inclusion of webcasting at this time. “They still have a lot of hard work ahead.” She said she hoped the committee could progress enough in September to recommend a diplomatic conference.

    A key issue for the September meeting will be remaining references in the text of the draft traditional broadcasting treaty proposal that refer to transmissions over computer networks, as these are also webcasting, sources said.

    The September copyright committee meeting will be based on existing proposals and the input from this 1-5 May committee meeting. For the webcasting/simulcasting track, written proposals are due by 1 August.

    The United States accepted the bifurcation with the condition that if no diplomatic conference is recommended in September on traditional broadcasting, webcasting would be back in for future talks. This was not formally accepted by the full meeting, but could end up being the case, participants said. The EU raised concerns about national treatment as some of its members already have laws covering simulcasting, and sources said the national treatment issue would be considered further as well.

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.