Has the US been candid about the status of the broadcasters/webcasters treaty?
The USPTO and the Copyright Office have not been candid when talking to Congress about the progress of their efforts relating to the latest WIPO "internet" treaty or the "Proposed treaty on the protection of broadcasting, cablecasting and webcasting organizations".
At the WIPO Standing Committee on Copyright and Related Rights : Twelfth Session (SCCR/12) Nov 17, 2004 to Nov 19, 2004 (Report) the US delegations is quoted by WIPO as stating: "The Delegation of the United States of America stated that the Revised Consolidated Text offered solid ground for a speedy convening of a diplomatic conference on the protection of broadcasting organizations. Promoting the communication of information to the public by all technological means was a goal that benefited both developed and developing countries. Protecting the intellectual property and other legitimate interests of such communicators created a crucial incentive for dissemination of and for providing access to information. It was necessary to take into account the progress of technology and therefore to include webcasting in the scope of protection of the proposed treaty. There was no reason to exclude one category of public communicator by reason of the technological means by which the communication took place".
At the WIPO General Assembly : Thirty-Second (17th ordinary) Session (WO/GA/32) Sep 26, 2005 to Oct 5, 2005, you find:
"9. Given the progress which has been made to conclude a treaty on the protection of broadcasting organizations, it is recommended that the WIPO General Assembly approve the convening of a Diplomatic Conference.
10. It is further recommended that the WIPO General Assembly approve the organizational and procedural matters of the WIPO Diplomatic Conference on the Protection of Broadcasting Organizations, as described in Annexes II to IV to this document".
The timeline below shows that there's been a lot of work done on the issue of creating these new intellectual property rights for broadcasters, cablecaster and webcasters and that the treaty is moving forward. We have not had one public consultation meeting about the topic unless you count private meetings of the US delegation with Ben Ivens (NAB), Jonathan Potter and Seth Greenstein (DiMA) and a few others. We are asking (again) for a public discussion with stakeholders before a diplomatic conference date is set and the scope of the text is quasi impossible to change. Waiting for the implementation period as some have suggested is a mistake as we all saw when the DMCA was done as an implementation of the WCT and WPPT.
Broadcasting, Cablecasting and Webcasting Treaty Timeline
WIPO Symposium on copyright, broadcasting and new technologies for countries of Latin America and the Caribbean Cancun Mexico Feb 1998
Standing Committee on Copyright and Related Rights : First Session (SCCR/1)
Nov 2, 1998 to Nov 10, 1998
Audio visual performances
protection of databases
protection of the rights of broadcasting organizations
Regional roundtable on WBT Minsk Belarus April 1999
Regional roundtable on WBT Vilnius Lithuania April 1999
Standing Committee on Copyright and Related Rights : Second Session (SCCR/2)
May 4, 1999 to May 11, 1999
Agenda item 4: PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATIONS SUBMISSIONS RECEIVED FROM MEMBER STATES OF WIPO (Japan) AND THE EUROPEAN COMMUNITY BY MARCH 31, 1999
Regional roundtable on WBT Asia and Pacific Manila Philippines June-July 1999
Regional roundtable on WBT Arab countries Rabat, Morocco June 1999
Regionla roundtable on WBT for African countries Cotonou, Benin June 1999
Regional roundtable on WBT for latin American and Caribbean countries Buenos Aires, Argentina June 1999
Standing Committee on Copyright and Related Rights : Third Session (SCCR/3)
Nov 16, 1999 to Nov 20, 1999
AGENDA ITEM 4: PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATION PROPOSAL BY ARGENTINA
Standing Committee on Copyright and Related Rights : Fourth Session (SCCR/4)
Apr 11, 2000 to Apr 14, 2000
4. Protection of Audiovisual Performances
Standing Committee on Copyright and Related Rights : Fifth Session (SCCR/5)
May 7, 2001 to May 11, 2001
Protection of Databases
Protection of the Rights of Broadcasting Organizations
-Protection of Broadcasting Organizations (Proposal by the Delegation of Kyrgyzstan)
-Protection of Broadcasting Organizations (Proposal by the Delegation of Sudan)
-Protection of Broadcasting Organizations (Proposal by the Delegation of Japan)
-Protection of the Rights of Broadcasting Organizations: Comparative Table of Proposals Received by April 30, 2001
Regional Seminar for countries of Asia and the Pacific Manila Philippines Oct 2001
Standing Committee on Copyright and Related Rights : Sixth Session (SCCR/6)
Nov 26, 2001 to Nov 30, 2001
Protection of Databases
Protection of the Rights of Broadcasting Organizations
-Protection of the Rights of Broadcasting Organizations (submitted by the European Community and its Member States)
-Protection of the Rights of Broadcasting Organizations (proposal by Ukraine)
Standing Committee on Copyright and Related Rights : Seventh Session (SCCR/7)
May 13, 2002 to May 17, 2002
Database protection
Protection of the Rights of Broadcasting Organizations
-Protection of the Rights of Broadcasting Organizations (Proposal by the Eastern Republic of Uruguay)
-Protection of the Righs of Broadcasting Organizations - Comparative Table of Proposals Received by May 6, 2002
Information days and Meeting of the CISAC African Committee Rabat Morocco October 2002
Information meeting Geneva Switzerland November 2002
Standing Committee on Copyright and Related Rights : Eighth Session (SCCR/8)
Nov 4, 2002 to Nov 8, 2002
Protection of Broadcasting Organizations: Terms and Concepts
Protection of the Rights of Broadcasting Organizations
Protection of the Rights of Broadcasting Organizations Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by September 16, 2002
NOTE: Protection of the Rights of Broadcasting Organizations (Proposal submitted by the United States of America) including webcasting
Information meeting Geneva Switzerland June 2003
Standing Committee on Copyright and Related Rights : Ninth Session (SCCR/9)
Jun 23, 2003 to Jun 27, 2003
Proposal on the Legal Protection of Broadcasting Organizations (Submitted by Kenya)
Protection of the Rights of Broadcasting Organizations (Revised Proposal submitted by the United States of America)
Protection of the Rights of Broadcasting Organizations. Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by April 15, 2003
Protection of the Rights of Broadcasting Organizations (Submitted by Egypt)
Issues Concerning "Webcaster" in New WIPO Broadcasting Organizations Treaty (Submitted by Japan)
Protection of the Rights of Broadcasting Organizations (Proposal Submitted by Canada)
Standing Committee on Copyright and Related Rights : Tenth Session (SCCR/10)
Nov 3, 2003 to Nov 5, 2003
Protection of the Rights of Broadcasting Organizations. Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by September 15, 2003
Standing Committee on Copyright and Related Rights : Eleventh Session (SCCR/11)
Jun 7, 2004 to Jun 9, 2004
Treaty on the Protection of Broadcasting Organizations and Cablecasting Organizations (submitted by Singapore)
Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
NOTE: At its eleventh session in June 2004, after an assessment of the progress made in the discussions on the substantive issues, the SCCR recommended that the WIPO General Assembly “… consider, beginning at its September/October session in 2004, the possibility of convening, at an appropriate time, a diplomatic conference on the protection of broadcasting organizations.
General Assembly 2004:
NOTE In its thirty-first session, which took place from September 27 to October 5, 2004, the WIPO General Assembly was invited to consider approving the convening of a Diplomatic Conference “at an appropriate time.” While many delegations supported the convening of a Conference, it was suggested that the question should be carried over to the agenda of the 2005 session of the WIPO General Assembly, with the following conclusion (WO/GA/31/15, paragraph 56):
“The General Assembly noted the contents of document WO/GA/31/7 and requested the SCCR to accelerate its work on the protection of broadcasting organizations with a view to approving the convening of a diplomatic conference by the WIPO General Assembly in 2005.”
Standing Committee on Copyright and Related Rights : Twelfth Session (SCCR/12)
Nov 17, 2004 to Nov 19, 2004
Revised Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
Second Revised Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
Working Paper on Alternative and Non-Mandatory Solutions on the Protection in Relation to Webcasting
QUOTE from REPORT:
1. The Delegation of the United States of America stated that the Revised Consolidated Text offered solid ground for a speedy convening of a diplomatic conference on the protection of broadcasting organizations. Promoting the communication of information to the public by all technological means was a goal that benefited both developed and developing countries. Protecting the intellectual property and other legitimate interests of such communicators created a crucial incentive for dissemination of and for providing access to information. It was necessary to take into account the progress of technology and therefore to include webcasting in the scope of protection of the proposed treaty. There was no reason to exclude one category of public communicator by reason of the technological means by which the communication took place.
Regional Consultations for Caucasian, Central Asian and Eastern Countries Moscow, Russian Federation May 2005
Regional Consultations for African countries Nairobi Kenya may 2005
Regional Consultations for Arab Countries Rabat, Morocco May 2005
Regional Consultations for Latin America and the Caribbean Cartagena, Colombia July 2005
Regional Consultation for the Central European and Baltic States Bucharest Romani July 2005
Regional Consulation for the Asia Pacific countries Manila Philippines July 2005
Unofficial Meeting of Group B (US, EU etc) Brussels, Belgium September 2006
WIPO General Assembly : Thirty-Second (17th ordinary) Session (WO/GA/32) Sep 26, 2005 to Oct 5, 2005
WIPO GENERAL ASSEMBLY Thirty-Second (17th Ordinary) Session
Geneva, September 26 to October 5, 2005
9. Given the progress which has been made to conclude a treaty on the protection of broadcasting organizations, it is recommended that the WIPO General Assembly approve the convening of a Diplomatic Conference.
10. It is further recommended that the WIPO General Assembly approve the organizational and procedural matters of the WIPO Diplomatic Conference on the Protection of Broadcasting Organizations, as described in Annexes II to IV to this document.
Standing Committee on Copyright and Related Rights : Thirteenth Session (SCCR/13) Nov 21, 2005 to Nov 23, 2005
Proposal by Brazil on the Protection of Broadcasting Organizations
Proposal by Chile Concerning the Treaty for the Protection of Broadcasting Organizations
QUOTE from Report:
The United Stated had consistently argued that intellectual property rights should be extended to all of the distributors that operate in the digital world. It was absolutely essential to address the issue of webcasting, as it was the way broadcasting would be done in the future.
Standing Committee on Copyright and Related Rights : Fourteenth Session (SCCR/14) May 1, 2006 to May 5, 2006
Draft Basic Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations Including Non-Mandatory Appendix on the Protection in Relation to Webcasting
Working Paper for the Preparation of the Basic Proposal for a Treaty on the Protection of Broadcasting Organizations
Proposal by Colombia Concerning Article 16 of the Consolidated Text for the Draft Treaty on the Protection of Broadcasting Organizations
NEXT STEPS?
Deadline for new draft proposal for WBT August 1, 2006
Standing Committee on Copyright and Related Rights : Fifteenth Session (SCCR/15) September 2006 (TBA)
General Assembly Fall 2006
Decision on diplomatic conference in 2007
SCCR meeting on webcasting and simulcasting ?
Diplomatic conference IN 2007?
At the WIPO Standing Committee on Copyright and Related Rights : Twelfth Session (SCCR/12) Nov 17, 2004 to Nov 19, 2004 (Report) the US delegations is quoted by WIPO as stating: "The Delegation of the United States of America stated that the Revised Consolidated Text offered solid ground for a speedy convening of a diplomatic conference on the protection of broadcasting organizations. Promoting the communication of information to the public by all technological means was a goal that benefited both developed and developing countries. Protecting the intellectual property and other legitimate interests of such communicators created a crucial incentive for dissemination of and for providing access to information. It was necessary to take into account the progress of technology and therefore to include webcasting in the scope of protection of the proposed treaty. There was no reason to exclude one category of public communicator by reason of the technological means by which the communication took place".
At the WIPO General Assembly : Thirty-Second (17th ordinary) Session (WO/GA/32) Sep 26, 2005 to Oct 5, 2005, you find:
"9. Given the progress which has been made to conclude a treaty on the protection of broadcasting organizations, it is recommended that the WIPO General Assembly approve the convening of a Diplomatic Conference.
10. It is further recommended that the WIPO General Assembly approve the organizational and procedural matters of the WIPO Diplomatic Conference on the Protection of Broadcasting Organizations, as described in Annexes II to IV to this document".
The timeline below shows that there's been a lot of work done on the issue of creating these new intellectual property rights for broadcasters, cablecaster and webcasters and that the treaty is moving forward. We have not had one public consultation meeting about the topic unless you count private meetings of the US delegation with Ben Ivens (NAB), Jonathan Potter and Seth Greenstein (DiMA) and a few others. We are asking (again) for a public discussion with stakeholders before a diplomatic conference date is set and the scope of the text is quasi impossible to change. Waiting for the implementation period as some have suggested is a mistake as we all saw when the DMCA was done as an implementation of the WCT and WPPT.
Broadcasting, Cablecasting and Webcasting Treaty Timeline
WIPO Symposium on copyright, broadcasting and new technologies for countries of Latin America and the Caribbean Cancun Mexico Feb 1998
Standing Committee on Copyright and Related Rights : First Session (SCCR/1)
Nov 2, 1998 to Nov 10, 1998
Audio visual performances
protection of databases
protection of the rights of broadcasting organizations
Regional roundtable on WBT Minsk Belarus April 1999
Regional roundtable on WBT Vilnius Lithuania April 1999
Standing Committee on Copyright and Related Rights : Second Session (SCCR/2)
May 4, 1999 to May 11, 1999
Agenda item 4: PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATIONS SUBMISSIONS RECEIVED FROM MEMBER STATES OF WIPO (Japan) AND THE EUROPEAN COMMUNITY BY MARCH 31, 1999
Regional roundtable on WBT Asia and Pacific Manila Philippines June-July 1999
Regional roundtable on WBT Arab countries Rabat, Morocco June 1999
Regionla roundtable on WBT for African countries Cotonou, Benin June 1999
Regional roundtable on WBT for latin American and Caribbean countries Buenos Aires, Argentina June 1999
Standing Committee on Copyright and Related Rights : Third Session (SCCR/3)
Nov 16, 1999 to Nov 20, 1999
AGENDA ITEM 4: PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATION PROPOSAL BY ARGENTINA
Standing Committee on Copyright and Related Rights : Fourth Session (SCCR/4)
Apr 11, 2000 to Apr 14, 2000
4. Protection of Audiovisual Performances
Standing Committee on Copyright and Related Rights : Fifth Session (SCCR/5)
May 7, 2001 to May 11, 2001
Protection of Databases
Protection of the Rights of Broadcasting Organizations
-Protection of Broadcasting Organizations (Proposal by the Delegation of Kyrgyzstan)
-Protection of Broadcasting Organizations (Proposal by the Delegation of Sudan)
-Protection of Broadcasting Organizations (Proposal by the Delegation of Japan)
-Protection of the Rights of Broadcasting Organizations: Comparative Table of Proposals Received by April 30, 2001
Regional Seminar for countries of Asia and the Pacific Manila Philippines Oct 2001
Standing Committee on Copyright and Related Rights : Sixth Session (SCCR/6)
Nov 26, 2001 to Nov 30, 2001
Protection of Databases
Protection of the Rights of Broadcasting Organizations
-Protection of the Rights of Broadcasting Organizations (submitted by the European Community and its Member States)
-Protection of the Rights of Broadcasting Organizations (proposal by Ukraine)
Standing Committee on Copyright and Related Rights : Seventh Session (SCCR/7)
May 13, 2002 to May 17, 2002
Database protection
Protection of the Rights of Broadcasting Organizations
-Protection of the Rights of Broadcasting Organizations (Proposal by the Eastern Republic of Uruguay)
-Protection of the Righs of Broadcasting Organizations - Comparative Table of Proposals Received by May 6, 2002
Information days and Meeting of the CISAC African Committee Rabat Morocco October 2002
Information meeting Geneva Switzerland November 2002
Standing Committee on Copyright and Related Rights : Eighth Session (SCCR/8)
Nov 4, 2002 to Nov 8, 2002
Protection of Broadcasting Organizations: Terms and Concepts
Protection of the Rights of Broadcasting Organizations
Protection of the Rights of Broadcasting Organizations Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by September 16, 2002
NOTE: Protection of the Rights of Broadcasting Organizations (Proposal submitted by the United States of America) including webcasting
Information meeting Geneva Switzerland June 2003
Standing Committee on Copyright and Related Rights : Ninth Session (SCCR/9)
Jun 23, 2003 to Jun 27, 2003
Proposal on the Legal Protection of Broadcasting Organizations (Submitted by Kenya)
Protection of the Rights of Broadcasting Organizations (Revised Proposal submitted by the United States of America)
Protection of the Rights of Broadcasting Organizations. Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by April 15, 2003
Protection of the Rights of Broadcasting Organizations (Submitted by Egypt)
Issues Concerning "Webcaster" in New WIPO Broadcasting Organizations Treaty (Submitted by Japan)
Protection of the Rights of Broadcasting Organizations (Proposal Submitted by Canada)
Standing Committee on Copyright and Related Rights : Tenth Session (SCCR/10)
Nov 3, 2003 to Nov 5, 2003
Protection of the Rights of Broadcasting Organizations. Comparison of Proposals of WIPO Member States and the European Community and its Member States Received by September 15, 2003
Standing Committee on Copyright and Related Rights : Eleventh Session (SCCR/11)
Jun 7, 2004 to Jun 9, 2004
Treaty on the Protection of Broadcasting Organizations and Cablecasting Organizations (submitted by Singapore)
Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
NOTE: At its eleventh session in June 2004, after an assessment of the progress made in the discussions on the substantive issues, the SCCR recommended that the WIPO General Assembly “… consider, beginning at its September/October session in 2004, the possibility of convening, at an appropriate time, a diplomatic conference on the protection of broadcasting organizations.
General Assembly 2004:
NOTE In its thirty-first session, which took place from September 27 to October 5, 2004, the WIPO General Assembly was invited to consider approving the convening of a Diplomatic Conference “at an appropriate time.” While many delegations supported the convening of a Conference, it was suggested that the question should be carried over to the agenda of the 2005 session of the WIPO General Assembly, with the following conclusion (WO/GA/31/15, paragraph 56):
“The General Assembly noted the contents of document WO/GA/31/7 and requested the SCCR to accelerate its work on the protection of broadcasting organizations with a view to approving the convening of a diplomatic conference by the WIPO General Assembly in 2005.”
Standing Committee on Copyright and Related Rights : Twelfth Session (SCCR/12)
Nov 17, 2004 to Nov 19, 2004
Revised Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
Second Revised Consolidated Text for a Treaty on the Protection of Broadcasting Organizations
Working Paper on Alternative and Non-Mandatory Solutions on the Protection in Relation to Webcasting
QUOTE from REPORT:
1. The Delegation of the United States of America stated that the Revised Consolidated Text offered solid ground for a speedy convening of a diplomatic conference on the protection of broadcasting organizations. Promoting the communication of information to the public by all technological means was a goal that benefited both developed and developing countries. Protecting the intellectual property and other legitimate interests of such communicators created a crucial incentive for dissemination of and for providing access to information. It was necessary to take into account the progress of technology and therefore to include webcasting in the scope of protection of the proposed treaty. There was no reason to exclude one category of public communicator by reason of the technological means by which the communication took place.
Regional Consultations for Caucasian, Central Asian and Eastern Countries Moscow, Russian Federation May 2005
Regional Consultations for African countries Nairobi Kenya may 2005
Regional Consultations for Arab Countries Rabat, Morocco May 2005
Regional Consultations for Latin America and the Caribbean Cartagena, Colombia July 2005
Regional Consultation for the Central European and Baltic States Bucharest Romani July 2005
Regional Consulation for the Asia Pacific countries Manila Philippines July 2005
Unofficial Meeting of Group B (US, EU etc) Brussels, Belgium September 2006
WIPO General Assembly : Thirty-Second (17th ordinary) Session (WO/GA/32) Sep 26, 2005 to Oct 5, 2005
WIPO GENERAL ASSEMBLY Thirty-Second (17th Ordinary) Session
Geneva, September 26 to October 5, 2005
9. Given the progress which has been made to conclude a treaty on the protection of broadcasting organizations, it is recommended that the WIPO General Assembly approve the convening of a Diplomatic Conference.
10. It is further recommended that the WIPO General Assembly approve the organizational and procedural matters of the WIPO Diplomatic Conference on the Protection of Broadcasting Organizations, as described in Annexes II to IV to this document.
Standing Committee on Copyright and Related Rights : Thirteenth Session (SCCR/13) Nov 21, 2005 to Nov 23, 2005
Proposal by Brazil on the Protection of Broadcasting Organizations
Proposal by Chile Concerning the Treaty for the Protection of Broadcasting Organizations
QUOTE from Report:
The United Stated had consistently argued that intellectual property rights should be extended to all of the distributors that operate in the digital world. It was absolutely essential to address the issue of webcasting, as it was the way broadcasting would be done in the future.
Standing Committee on Copyright and Related Rights : Fourteenth Session (SCCR/14) May 1, 2006 to May 5, 2006
Draft Basic Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations Including Non-Mandatory Appendix on the Protection in Relation to Webcasting
Working Paper for the Preparation of the Basic Proposal for a Treaty on the Protection of Broadcasting Organizations
Proposal by Colombia Concerning Article 16 of the Consolidated Text for the Draft Treaty on the Protection of Broadcasting Organizations
NEXT STEPS?
Deadline for new draft proposal for WBT August 1, 2006
Standing Committee on Copyright and Related Rights : Fifteenth Session (SCCR/15) September 2006 (TBA)
General Assembly Fall 2006
Decision on diplomatic conference in 2007
SCCR meeting on webcasting and simulcasting ?
Diplomatic conference IN 2007?
posted by Manon Ress at 5:34 PM
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