[A2k] KEI Statement at WIPO SCCR 26 December 16, 2013 re the Casting Treaty

Thiru Balasubramaniam thiru at keionline.org
Mon Dec 16 03:56:51 PST 2013

KEI Statement at WIPO SCCR 26 December 16, 2013 re the Casting Treaty


Submitted by Manon Ress <http://keionline.org/user/5> on 16. December 2013
- 13:27

The Monday morning session of SCCR 26 went very fast. The agenda was
approved in few minutes. Two days will be about the broadcasting treaty,
two days will be about libraries and archives and one day on education. 6
side events: artists resale, authors forum launch, authorized entities, IP
and video games study, Libraries and archives and Museum and IP, WIPO
guide. The back of the room is packed with representatives from
broadcasting organizations, and well-known figures from the content
industry including Neil Turkewitz (RIAA), Christopher Marchich (Motion
Picture Association), Bradley Silver (Time Warner) and David Fares

The pressure to move the broadcasting treaty is palpable. Here is the KEI
statement read out this morning:

"KEI is still unconvinced the time is right to conclude a new treaty for
broadcasting organizations. It is premature to set up a diplomatic
conference in 2015 .

There remains major disagreements about the objectives of such a treaty.

The broadcasting entities want a treaty that provides intellectual property
rights for their broadcasts extended to new platforms, such as cable,
satellite television and (for some) the Internet. This is the wrong
paradigm for the Internet, and unnecessary for any platform, where
copyright and theft of service laws provide balance as regards users
rights, and adequate remedies against unauthorized uses. To the extent that
creative works are distributed through broadcasting networks, they are
nearly always protected by copyright. In the small cases where the
broadcast involves material in the public domain, it would be a mistake to
give the broadcaster an intellectual property right, merely for
transmitting information.

Piracy of broadcasting signals already is against the law under copyright,
as well as under various national and local laws on the theft of services.

The advocates of a broadcasting treaty have not shown that there is an
problem in the area of piracy that cannot be addressed by existing laws on
copyright or theft of service. The treaty is in essence an attempt by
corporate broadcasting entities to change outcomes of licensing
negotiations, by giving the broadcasters a right that they would otherwise
have to acquire by contract, in return for something they would give the
copyright holders.

Now, regarding the latest proposal by Japan on the scope of application.

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.

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?"

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