[A2k] WIPO General Assembly 2019: KEI statement on the Report on the SCCR

Thiru Balasubramaniam thiru at keionline.org
Wed Oct 2 09:57:00 PDT 2019

--On Wednesday, 2 October 2019, Knowledge Ecology International delivered
the following statement on Agenda item 15, Report on the SCCR.

WIPO General Assembly
Agenda item 15, Report on the SCCR

Statement of Knowledge Ecology International

With respect to the broadcasters treaty, KEI proposes the SCCR publish a
report on the ownership, concentration of ownership, and nationality of
ownership, of the new streaming services that are rapidly replacing
traditional broadcasting in many markets.

It is irresponsible to adopt a treaty that will include any Internet
streaming without taking stock of where the technology and ownership of the
technology is headed, particularly if all one has to do to qualify as a
broadcasting organization is to buy a broadcasting license, something that
Pandora and other streaming services do now to qualify for other benefits.

For most countries, the broadcaster right will turn out to be a massive
transfer of income from their nationals, including artists, to
foreign-owned streaming companies.

On limitations and exceptions, KEI suggests the SCCR evaluate if
norrm-setting for archives and preservation is an achievable objective in
the near term. This appears to be an area where harmonization is less
challenging, and the global and social issues are significant, and
conflicts with right owners are not significant.

As regards education and other exceptions, KEI asks the SCCR to review the
exceptions in the 1976 Tunis model law for copyright, as well as the
modalities that were used for the development of the model law.

KEI supports work at the SCCR on an artist’s resale right for physical
works of art, but this treaty should not extend copies of works.

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org

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