Contact: Robin
D. Gross, IP Justice Executive Director
Telephone: +1.415.553.6261
Email: robin@ipjustice.org
WIPO
Debates Fate of Treaty on Broadcasting and Webcasting:
Controversial Provisions Remain in Treaty Draft Over Majority
Objections
(Geneva)
IP Justice is in Geneva
to participate at the 14th session of the Standing Committee
on
Copyrights and Related Rights (SCCR) at the World Intellectual Property
Organization (WIPO) from 1-5 May 2006.WIPO
is the United
Nations
Specialized Agency that writes intellectual property rights treaties.This meeting is the final SCCR meeting
before the WIPO General Assembly votes this fall to send the
Broadcasting Treaty to a Diplomatic Conference for final treaty
drafting.
The main agenda item at the 14th SCCR Session is a
proposed treaty to create a broad range of new rights for broadcasting
companies.The
United States
has proposed that the treaty also regulate Internet transmissions of
media, or Webcasting.
The proposed Broadcasting
Treaty would create entirely new rights for broadcasting companies at
the expense of the public interest and artists' rights. At
previous SCCR meetings, numerous Member States expressed discomfort
with the US proposal to widen the scope of the treaty to include
webcasting and with the unpopular anti-circumvention rights for
broadcasters. Yet, despite the stated concerns from Member
States, the provisions that received the most objection remain within
the draft treaty proposal.
"It is difficult to accept an undemocratic process
from a United Nations Specialized Agency that is drafting an
international treaty on broadcasting," said IP Justice Executive
Director Robin Gross. "But it seems the webcasting and
anti-circumvention provisions remain glued to the text of the treaty
despite the will of the majority of WIPO Member States," Gross said.
At the conclusion of this 14th Session, the
committee chairman is supposed to publish a revised draft treaty that
reflects the concerns expressed at this meeting. It remains to be
seen whether the wishes of the majority of Member States will be
accounted for in the next draft. Without such an accounting, it
is
likely that the WIPO General Assembly will vote this Fall to reject a
Diplomatic Conference for a Broadcasting Treaty.