[A2k] Japan wants Webcasting back into the Casting Treaty: What happened to Broadcasting in the "Traditional" Sense?

Thiru Balasubramaniam thiru at keionline.org
Mon Dec 9 19:35:28 PST 2013


http://keionline.org/node/1850


In preparation for WIPO's upcoming Standing Committee on Copyright and
Related Rights (SCCR) discussions (16 December 2013 to 20 December 2013) on
a proposed Treaty for the Protection of Broadcasting Organizations, the
Government of Japan submitted a new proposal, SCCR/26/6 (Draft Treaty on
the Protection of Broadcasting
Organizations)<http://www.wipo.int/edocs/mdocs/copyright/en/sccr_26/sccr_26_6.pdf>on
28 November 2013 to be consolidated with the main negotiating text, SCCR/24/10
Corr. (Working Document for a Treaty on the Protection of Broadcasting
Organizations)<http://www.wipo.int/edocs/mdocs/copyright/en/sccr_24/sccr_24_10_corr.pdf>
.

In Japan's own words,

"The main purpose of this proposal is to find a way out of our prolonged
discussion regarding the scope of application and to move forward the
discussion for the adoption of the new treaty. Therefore, we focus only on
the issue whether or not signals transmitted over the computer network are
covered by this Treaty. In our proposal, Article 6 bis is newly introduced
which stipulates that signals transmitted over computer networks are
included in the scope of application of this Treaty."

Japan proposes a new article 6 bis which would grant broadcasting and
cablecasting organizations protection for either "their transmission
signals excluding on-demand transmission signals" or "simultaneous and
unchanged transmission signals of their broadcast" over computer networks.

"Article 6 bis

Protection of signals transmitted over computer networks

(1) Broadcasting organizations and cablecasting organizations shall enjoy
protection for [their transmission signals excluding on-demand transmission
signals / simultaneous and unchanged transmission signals of their
broadcast] over computer networks.

(2) The protection provided for in paragraph (1) may be claimed in a
Contracting Party only if legislation in the Contracting Party to which the
broadcasting organizations and cablecasting organizations belongs so
permits, and to the extent permitted by the Contracting Party where this
protection is claimed.

(3) The extent and specific measures of the protection granted in paragraph
(1) shall be governed by the legislation of the Contracting Party where
protection is claimed."

Clearly, SCCR26 should examine the consequences of the Japanese proposal on
access to knowledge and the consumption of cultural goods. How would these
norms prescribed by Japan affect the way we use YouTube, Facebook, Vimeo,
Twitter, Instagram, Bing and Google?

The Government of Japan provides the following explanatory note to clarify
its language.

"Explanatory Note on Article 6 bis (Protection of signals transmitted over
computer networks)

Paragraph (1) clearly establishes that the scope of the protection provided
by the Treaty covers the protection for signals transmitted over computer
networks.

Paragraph (2) follows the concept of Article 14 ter (2) of Berne
Convention, which is largely recognized as an adoptive provision and lays
down reciprocity principle at the same time. This paragraph establishes
that the broadcasting organizations and cablecasting organizations in a
Contracting Party can claim the protection for signals transmitted over
computer networks in another Contracting Party under the following
conditions, namely: (i) if the Contracting Party to which the broadcasting
organizations and cablecasting organizations belong also provides the
protection for signals transmitted over computer networks and (ii) to the
extent of the protection the Contracting Party where the protection is
claimed provides.

Paragraph (3) lays down that the domestic legislation of each Contracting
Party can decide the extent and specific measures of protection pursuant to
Article 6 bis (1)."



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