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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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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.

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    Protection Of Broadcasting Organisations On Firmer Ground At WIPO

    Published on 18 December 2013 @ 7:18 pm

    By , Intellectual Property Watch

    World Intellectual Property Organization member countries worked this week to find a common understanding of the functions of a potential new treaty protecting broadcasting organisations. Over two days, they tackled definitions, beneficiaries and scope of the new instrument with some success. One of the issues related to whether or not the treaty should cover transmission over the internet, and new proposals arose during the week.

    The 26th session of the Standing Committee on Copyright and Related-Rights (SCCR) is meeting from 16-20 December. The schedule of work approved by the SCCR was to devote two days to the protection of broadcasting organisations.

    This morning, after two days of discussions, SCCR Chair Martin Moscoso, director of the Peru Copyright Office, presented draft conclusions [pdf] suggesting agreement on beneficiaries and scope. These conclusions were discussed in plenary with a number of countries providing comments and suggested changes.

    In particular, some countries underlined the fact that the choice of words describing areas of convergence with “it was agreed” did not reflect the fact that a number of issues did not reach consensus and remained open for discussion.

    According to the conclusions, it was generally agreed that the beneficiaries of the treaty would be traditional broadcasting organisations and cablecasting organisations.

    Some countries, such as the Group of Central European and Baltic States (CEBS), India, and the Group of Latin American and Caribbean Countries (GRULAC), asked that this description be replaced by “broadcasting organisations and cablecasting organisations in the traditional sense” reflecting the wording of the 2007 General Assembly mandate.

    Also generally accepted, according to the conclusions, is that broadcasting and cablecasting are included in the scope of protection, without prejudice to clarification of the inclusion of cablecasting organisations in the definition of broadcasting organisations in national laws.

    The draft conclusions also note that member states discussed the inclusion in the scope of protection of transmissions over the internet, which would be limited to transmissions originating from traditional broadcasters and cablecasters.

    The conclusions also state that member states agreed to further discuss other possible inclusions in the scope of protection of transmissions over the internet, when originating from traditional broadcasters. These other inclusions would be: original broadcasts, on-demand transmission of broadcasts, or deferred and unchanged transmissions of broadcasts.

    On this matter, India remarked that the draft conclusions did not reflect the discussions that arose in the two first days of the SCCR on the mandate of the 2007 General Assembly. India said several member states shared this concern. The SCCR mandate is to work towards developing an international treaty to update the protection of broadcasting and cablecasting organisations in the traditional sense.

    India finds that extending the protection to internet goes beyond the 2007 mandate, while other countries think it is a matter of interpretation and that technology developments in the last seven years should be taken into account. Russia and Kenya, for example, illustrated this point. The United States said it considers that the current discussions are consistent with the existing mandate.

    India said earlier in the week that that if the mandate was to be reinterpreted it should be done by the General Assembly so that another treaty could be negotiated meeting the demands of the time.

    Number of Textual Proposals Submitted

    On the first day of the session, delegates retreated to informal consultations at the end of the afternoon to discuss areas of convergence and areas of divergence on broad issues such as the beneficiaries of the potential treaty and the scope of its application.

    The informal discussions were based on a non-paper [pdf] proposed by Japan drafted as a chart and presenting the main issues of the broadcasting treaty.

    Over the first two days of the SCCR session, several proposals were submitted, such as a proposal from India [pdf] on Article 9 (Protection for Broadcasting Organizations), the transcript [pdf] of a United States intervention on Article 9, a further language for discussion [pdf] proposed by the US also on Article 9, and a set of definitions [pdf] from India for Article 5 (Definitions).

    The draft conclusions presented this morning propose to include the proposals as an annex to the working document [pdf] on which member states are currently negotiating. It was agreed at the end of the second day that some definite time would be carved out from the third day of the SCCR to discuss the draft conclusions, which drew concerns from developing countries.

    This raised concerns from several delegations. The African Group said that members of the group needed more time to consider proposals and receive instructions from capitals and preferred for those proposals to appear in the report of the session. The US delegation said it could be flexible and its proposals be kept in an annex with the understanding that in the next meeting they would be integrated into the main text. India said it favoured the inclusion of its textual proposal into the text.

    GRULAC also said that proposals that had been submitted during the two days be mentioned in the draft conclusions such as the Indian, Japan and US proposals.

    South Africa, along with other delegations such as the US and the European Union, suggested that the draft conclusions include reference to the articles discussed during the two previous days. Member states discussed Article 5 (Definition), Article 6 (Scope of Application), Article 7 (Beneficiaries of Protection), and Article 9 (Protection for Broadcasting Organizations).

    The discussion on the protection of broadcasting is not a North-South issue, and countries within regional groups often have divergent opinions on the matter.

    Moscoso said comments by members states were duly noted and would be considered in a further draft of the conclusions.

    Discussion on Articles

    Article 9 (Protection for Broadcasting Organisations), as it stands in the working document [pdf] presents two alternatives. Article 9 details rights that broadcasting organisations would have to authorise use of their signals.

    The US and India both provided language for this article. The US approach provides a single right and focus on the prevention of the piracy of signals. It would avoid the protection of the content carried by the signal, and would have no post-fixation rights, according to their intervention. It would also include the prevention of signal piracy over the internet and include pre-broadcast signals.

    India proposed a third alternative to Article 9. In this alternative, the country suggests that broadcasting organisations “shall enjoy the right to prohibit” a number of unauthorised uses of their signals. The proposal also includes a paragraph stating that this right “shall be subject to the extent of rights acquired or owned by the broadcasting organisation from the owners of copyrights and related rights.”

    Article 5 on Definition also gave way to substantial discussions. Japan said that Alternative B to Article 5 is based on a previous proposal by Japan and proposed to define broadcasting instead of defining broadcasting organisations in the first paragraph, as the concept of broadcasting is shared by all member states. Furthermore, Alternative B defines requirements to be met by broadcasting organisations, the delegate said.

    The India proposal for different language for Alternative A of Article 5 includes a definition of broadcast which excludes the transmission of electronically generated signals over computer networks.

    After comments were received from different countries on the draft conclusions on broadcasting, the chair opened the second topic of this session of the SCCR: the issue of exceptions and limitations to copyright for libraries and archive, for which member states were expected to start work on a working document [pdf] this afternoon.

     

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. Broadcasting Treaty Moving At WIPO; Library Copyright Exceptions Slower | Intellectual Property Watch says:

      […] The 26th session of the WIPO Committee on Copyright and Related Rights (SCCR) was held from 16-20 December. The first two days of the meeting were devoted to the protection of broadcasting organisations, the two following days to exceptions and limitations (L&Es) to copyright for libraries and archives, and the last morning to exceptions and limitations to copyright for education and research (IPW, WIPO, 18 December 2013). […]


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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.

     

     
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