KEI comment to SCCR 27 on the proposed Broadcasters Treaty
KEI is a non-profit organization representing consumer and public interests and seeking better outcomes for knowledge governance.
KEI opposes continued discussions in the SCCR on the treaty for broadcasting, for the following reasons.
1. The broadcasting organizations have failed to explain (a) the problem the treaty is supposed to address, (b) how the proposed text is related to the alleged problem.
2. If the problem relates to the piracy of content that is broadcast, why isn’t copyright a sufficient legal protection, and why can’t the broadcasters obtain sufficient rights from copyright owners to bring enforcement actions?
3. So far, there is considerable evidence that signal piracy can and is addressed through existing copyright laws.
4. Many WIPO members have proposed creating a new and/or expanded set of related rights for broadcasting organizations, including for the benefit of giant companies that control cable and satellite TV channels. These rights come at the expense of authors, performers and filmmakers, harming both consumers and creative communities.
5. Some WIPO members want to expand the reach of the broadcasting treaty to a wide range of Internet activities, including routine streaming of content, or even more general services provided by web pages. This presents a risk of a new and unwanted layer of complexity in managing both the creation and the distribution of knowledge resources. It is increasingly doubtful that the WIPO SCCR will show sufficient restraint in this regard.
6. KEI is open to the proposals by submitted India, the United States and some other countries for a single and narrow right for traditional broadcasting, if applied to free over the air broadcasting, and if the right does not extend to post fixation rights. However, we do not see much evidence this will satisfy the big corporations pressing for the treaty.
7. For all of the above reasons, KEI believes the risks outweigh the benefits of continuing discussions on the broadcasting treaty.