[A2k] SCCR38 EIFL statement on the broadcast treaty

Teresa Hackett teresa.hackett at eifl.net
Wed Apr 3 05:20:56 PDT 2019

The creation of a new layer of rights that affects access to content means
that libraries must pay attention because it places an additional barrier
to accessing knowledge, especially content in the public domain and freely
licensed by the rightsowner.

It is not without consequences. I will give an example of what can happen
when broadcast material is subject to these multiple layers of rights.

A large library in Europe wanted to publish a sound recording from their
archive that was originally broadcast in the 1950s. The recording was taken
from a re-broadcast in the 1980s.

Although the performers' right had expired and the author's heirs waived
their fees due to the cultural importance of the work, the library had to
pay the broadcast organization c. $10,000 for permission to use the
recording because the signal protection also applied to the re-transmission.

For many libraries such costs are out of the question. As a result, the
public is deprived of access to broadcast content for social, educational
and public interest reasons. For sure it will add to the orphan works
problem, that legislators around the world are trying to address.

To avoid the problem, the treaty must have robust, mandatory and
future-proof exceptions.

Distinguished delegates, please consider the costs to the taxpayer and
society, as well as the perceived benefits, when negotiating this treaty.


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