A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.Intellectual Property Watch
5 May 2006
WIPO To Proceed On Broadcasting Treaty Talks Without Webcasting
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.
Categories: English, Information and Communications Technology/ Broadcasting, News, WIPO
