Digital Rights Network

Here we are in Day 5 of the 14th SCCR (Standing Committee on Copyright and Releated Rights) meeting at WIPO which is entirely dedicated to discussing the broadcast treaty (Jamie Love has recently posted an article at the huffington post which provides good simple summary of the situation written in his typical combative and engaging style).

At present it doesn't look like NGOs will get a chance to speak as further discussion of webcasting (in addition to that on wednesday) ended up taking up much of the morning. Last night the committee worked late (until 2230) in an attempt to get through the remaining issues related to the core treaty (definition of terms, rights provided, national treatment, limitations and exceptions and TPMs).

While, as is usual, all delegations commend the progress that has been made, as the dust settles it is not really clear what has been achieved. Large divisions still exist between delegations not only on webcasting -- which the US still insists should be kept in -- but on many other issues such as:

• Remnants of simulcasting/webcasting in the main part of the draft basic text due to the use in Article 6 (Right of Retransmission) of the language: "Broadcasting organizations shall enjoy the exclusive right of authorizing the retransmission of their broadcasts by any means, including rebroadcasting, retransmission by wire, and retransmission over computer networks." [emphasis added]
• How strong should the rights of broadcasters be (Art 6-10). Should it there be a right to prohibit (less strong) or an exclusive right (stronger and unsurprisingly what is favoured by the broadcasters).
• Limitations and exceptions: should there be a short, unspecific statement as in current draft basic text (SCCR/14/2) -- resulting in a limited set of L/E -- or should it be a longer, list-like specific enumeration -- more expansive set of L/E.
• TPMs (DRM): some countries do not want this in the treaty at all while for others this is absolutely essential.

We still await the Chair's summary but it is unlikely to contain surprises and the smart money is on some bland remarks followed by a commitment to produce a proper report after the meeting (which provides much more flexibility -- and time -- for the Chair, and the secretariat). The only substantive issue likely to be touched on will be whether there should be another meeting of the SCCR either before or after the general assembly (which takes place in September).

Update: 1745 local time. The meeting has ended. The Chair proposed the following conclusions:

A. On protection of trad. b/c organizations
  1. One more meeting of the SCCR before the GA
  2. The agenda of that meeting will be confined to protection of b/c in
traditional sense (broadcast and cable)
  3. A revised basic draft basic proposal will be prepared for the meeting and
all efforts will be made to make it available to the Member States by August 1
2006. It will be made on the basis of SCCR/14/2 and SCCR/14/3 and now-existing
proposals and taking account the discussions of this committee.
  4. There will be a recommendation to the GA to convene a DC at a suitable
time in 2007.

B. A proposal on protection of webcasting and simulcasting.
  1. the deadline for the proposals foreseen at 14th session of SCCR concerning
these webcasting and simulcasting, will be Aug. 1 2006.
  2. revised document on protection of web and simulcasting will be prepared on
basis of SCCR/14/2, and the proposals, and taking into account discussions of
the committee.
  3. consultation will be taken on the matter of a meeting of an SCCR to be
convened after the Gen. Assembly.

The EU objected since simulcasting didn't seem to be in A. The Chair hedged, then the US complained that if simulcasting was in why not full webcasting. Due to lack of time the issue was never entirely clarified and the Chair then closed the session out.

Overall this seemed a pretty good result with webcasting (and simulcasting) firmly moved out of the main instrument.