Civil Society Offers Range Of Advice To WIPO Negotiators On Broadcast Treaty

Civil society doesn’t see things from behind a window, but takes the lead in international policy negotiations to discuss issues that affect everyday life. At this week’s World Intellectual Property Organization copyright committee meeting, some of the observers took the floor to let delegates know their opinion on the crucial matter of a treaty on broadcasting under negotiation.

The WIPO Standing Committee on Copyright and Related Rights (SCCR), taking place from 26-30 November, has a lot of topics on the table, but one on which the debate is highly focused is a draft treaty on the protection of broadcasting organisations.

Education International highlighted the use of broadcasting materials on a regular basis by teachers and researchers.

“Social science teachers work with news snippets, language teachers use broadcasted materials in order to create authentic language learning experiences and professors in universities use broadcasted signals and its content for research and study purposes,” the representative said. “Education International insists that teachers and researchers need to be able to make fair use of broadcasted signals and its content and the proposed treaty texts need to adequately address exceptions and limitations for education and research purposes.”

“We hope to ensure this important committee facilitates the work in education institutions and develops policies that match the complex realities on the ground,” the representative added. “The use of textbooks and other materials for teaching and learning is a fundamental part of the right to education and SDG4 on quality education. This also includes access to and the use of broadcasted signals and its content.”

The International Federation of Library Associations and Institutions highlighted the need for exceptions and limitations to the signal as they are needed on the use of the transmitted work and also pointed out that libraries have an important role of preserving and giving access (on the premises, for research purposes) to broadcast material: “Broadcasting organisations do not necessarily preserve and archive all their content, and researchers that go there might be referred to a library. Some university libraries also make copies of broadcast content for it to illustrate teaching at the university. Without E&Ls, all this will not be possible.”

The Society of American Archivists stated: “Regardless of whatever measures are put into place to provide the signal protection that broadcasters need, it is essential that they do not add any further layers on the copyright protection that already exists in the content or extend that protection for terms beyond the current business needs of broadcasters.”

Health and Environment Program in Cameroon made the case that “Our members are very interested in the work of the SCCR. To get a verified information is for them at the base of a good education; it can also influence their health, for example information about obsolete drugs. Verified information is especially important concerning radio-diffused information. Another important topic is free access.”

“We want a treaty that is complete and can participate to the wellbeing of the Cameroonian population,” the speaker added. “All limitations and exceptions have to be mentioned.”

Knowledge Ecology International said that users today are receiving news, sports and entertainment broadcasts not through traditional broadcasters but streamed over services like Netflix and Hulu. The representative argued that extending signal protection years into the future will just add a layer of rights on content that was meant to be freely available, among other issues.

The National Association of Broadcasters, which is among those seeking more protection, said it supports a new proposal this week from the United States (IPW, WIPO, 27 November).

“This proposal incorporates both strong protection for broadcasting organizations against the unauthorized retransmissions of their signals and the necessary flexibility to implement this protection in ways that reflect differences in domestic markets and legal systems throughout the world,” the NABA representative, according to sources. The group said it is pleased that this “critical” issue continues to receive attention at WIPO and said it hopes consensus can be reached in the near future.

A representative of the European Broadcasting Union projected a timeline for the treaty to enter into force. He noted there is an action plan that says if negotiations during this year’s SCCR meetings go well, the 2019 WIPO General Assembly could take a decision on a diplomatic conference to be held in 2020. Since the average time for WIPO treaties to enter into force is around five or eight years, he said, it could be possible to have the necessary number of ratifications around 2030.

 

Image Credits: Beatrice Marone