US statement at WIPO General Assembly on SCCR

US Statement
Agenda item 25
Standing Committee on Copyright and Related Rights

The United States has long supported efforts to update protection in the digital age for broadcasting, cablecasting and webcasting organizations, provided, however, such protection does not interfere with the rights of the underlying content owners or the public interest.

As the EU proposal proposes relaxing the mandate set by the 2006 WIPO General Assembly (GA) for convening a Diplomatic Conference, on grounds that the standard is overly restrictive. That mandate requires SCCR members to reach an agreement on the objectives, specific scope and object of protection in a signal-based approach to a treaty for the protection of broadcasting organizations before convening a Diplomatic Conference.

The United States respectfully disagrees with the EU. As a threshold matter, the United States notes the 2006 GA mandate was a direct response of the failure of the SCCR to reach agreement on even the most fundamental elements of a possible treaty text. That is, the SCCR failed to reach agreement on the kinds of broadcasts to be protected, as well as the scope of rights and exceptions and limitations. In the view of the United States, therefore, the terms of the 2006 GA are necessary, prudent and appropriate.

More broadly, the United States believes that the terms of the 2006 GA mandate are consistent with well-established WIPO policy and practice for convening a successful Diplomatic Conference, which strongly favors reaching agreement on the principal provisions of a treaty text before convening a Diplomatic Conference. Thus, we believe the EU’s proposal could set an unfortunate precedent for the other WIPO Committees.

With regard to Exceptions and Limitations for the Blind and Visually Impaired,

• [t]he United States is committed to furthering international efforts to enhance the accessibility of copyrighted materials by the blind and visually impaired.
• The United States believes that national consultations are a critical first step in any further work on this issue within the SCCR. The United States shared the results of its consultations with stakeholders at the last meeting of the SCCR in May, and those consultations will continue in the United States in the future.
• The United States looks forward to discussing a wide range of solutions and proposals to enhance the accessibility of copyrighted materials by the blind and visually impaired at the next meeting of the SCCR in November, including the World Blind Union treaty proposal put forward by Brazil, Ecuador, and Paraguay

Copyright Exceptions and Limitations in General

• The United States believes that the current Berne Convention framework for copyright exceptions and limitations, which allows countries to balance the competing claims of authors and the broad public at the national level, is working well. Accordingly, the United States is not convinced of the need to undertake norm-setting activities at the international level related to exceptions and limitations, given the success of the Berne framework.

With regard to the Protection of Audiovisual Performances,

• [t]he United States, fully aware of the need to protect audiovisual performers and copyright creators and owners in a digital world, supports the adoption of a treaty that would protect audiovisual performers.
• At the same time, the United States is aware of the differences that remain among Member States for achieving such protection at the international level, particularly differing approaches to the transfer of exclusive rights from performers to producers.
• The United States appreciates the efforts of WIPO to conduct, and the opportunity of the United States to participate in, the informal, open-ended consultations on possible solutions on the international protection of audiovisual performances, which the United States believes have been very constructive.
• The United States supports and appreciates the efforts of the SCCR in discussing the topic of a possible Treaty on the Protection of Audiovisual Performances, and support maintaining this item on the WIPO agenda.