[A2k] WIPO broadcast treaty: New Indian proposal on scope of application rejects webcasting

Thiru Balasubramaniam thiru at keionline.org
Mon Dec 16 22:22:34 PST 2013


http://keionline.org/node/1857
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WIPO broadcast treaty: New Indian proposal on scope of application rejects
webcasting


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Submitted by thiru <http://keionline.org/user/6> on 16. December 2013 -
18:09

16 December 2013

Monday afternoon's session of the WIPO SCCR witnessed a spirited debate on
the heart of the proposed WIPO broadcast treaty (Article 6) on the Scope of
Application. The original consolidated text, SCCR/24/10 CORR,
<http://www.wipo.int/edocs/mdocs/copyright/en/sccr_24/sccr_24_10_corr.pdf>contains
two alternatives, A and B with language detailing the relationship between
the protection of signals, the underlying content and webcasting.

India provided an alternative formulation to Article 6. In Alternative A,
the Indian language replaces "broadcasts" with the "signals" and deletes
the "reservations" clause in respect of "broadcasts over computer networks."

The original language of paragraph 3 and paragraph 4 in Alternative A
(proposed for deletion by India) states:

(3) Any Contracting Party may deposit with the Director General of WIPO a
declaration that it will limit the protection provided under this Treaty in
respect of broadcasts over computer networks to the [simultaneous and
unchanged] transmission by a broadcasting organization of its own
broadcasts transmitted by other means, provided that such reservation shall
only have effect for a period not exceeding three years from the date of
entry into force of this Treaty.

(4) To the extent that a Contracting Party to this Treaty makes use of the
reservation permitted under the preceding paragraph, the obligation of
other Contracting Parties provided for in Article 8 does not apply.

In the language for Alternative B, the Indian proposal explicitly states
that the Treaty's scope of application "extends only to signals used for
the transmissions by the beneficiaries of the protection of this Treaty,
and not to the programs contained therein, and only to the extent of rights
acquired or owned by them from the owners of copyrights or related rights."

The Indian language on Alternative B(4) excludes webcasting from the scope
of protection:

The provisions of this Treaty shall not provide any protection in respect
of: (i) mere retransmissions; (ii) any retransmissions where the time of
the transmissions and the place of its reception may be individually chosen
by members of the public; or (iii) any transmission, including any
rebroadcast or recablecast, over computer networks subject to the extent of
rights acquired or owned by the broadcasting organizations.

Here is the Indian language on Article 6.

Proposal from India

*Article 6*

Scope of Application

Alternative A

[Alternative to (1)

(1) The provisions of this Treaty shall provide protection to the
broadcasting organizations for their signals on traditional broadcasting
and cablecasting media to enable them to enjoy the rights to the extent
owned or acquired by them from the owners of copyrights or related rights.

(2) The provisions of this Treaty shall not provide any protection in
respect of mere retransmissions by any means.

(3) and (4) Delete.

*Alternative B*

(Alternative)

(1) The protection granted under this Treaty extends only to signals used
for the transmissions by the beneficiaries of the protection of this
Treaty, and not to the programs contained therein, and only to the extent
of rights acquired or owned by them from the owners of copyrights or
related rights.

(2) The provisions of this Treaty shall apply to the protection of
broadcasting organizations in respect of their broadcasts and only on
traditional broadcasting media.

(3) The provisions of this Treaty shall apply mutatis mutandis to the
protection of cablecasting organizations in respect of their cablecasts and
only on traditional cablecasting media.

(4) The provisions of this Treaty shall not provide any protection in
respect of: (i) mere retransmissions; (ii) any retransmissions where the
time of the transmissions and the place of its reception may be
individually chosen by members of the public; or (iii) any transmission,
including any rebroadcast or recablecast, over computer networks subject to
the extent of rights acquired or owned by the broadcasting organizations.

SCCR26 is now in informals; KEI will provide detailed analysis of the
current state of play on Article 6 (Scope of Application) and Article 7
(Beneficiaries of Protection) as negotiators wade through the consolidated
text, the Japanese proposal <http://keionline.org/node/1850> and the Indian
proposal.



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