WO/GA/34/16
ITEM 17 OF THE CONSOLIDATED AGENDA:
REPORT ON THE SPECIAL SESSIONS OF THE STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS REGARDING THE PROPOSED DIPLOMATIC CONFERENCE ON THE PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATIONS
202 Discussions were based on document WO/GA/34/8.
203 Referring to document WO/GA/34/8, the Secretariat summarized the previous discussions and the recommendation from the Second Special Session of the Standing Committee on Copyright and Related Rights (SCCR).
204 The Delegation of Portugal, speaking on behalf of the European Community and its member States, acknowledged the importance of the two special sessions held in January and June 2007 in the framework of the discussions of the draft treaty on the protection of broadcasting organizations and thanked the Chairman of the SCCR for its consistent and untiring work. After so many years of negotiations, the inconclusive result of the discussions had been disappointing as had the lack of commitment to a Diplomatic Conference. Further consensus building was still possible, and therefore it encouraged the General Assembly to mandate the SCCR to continue devoting time and efforts to the topic and to the issues that had prevented the discussions from moving forward.
205 The Delegation of Costa Rica noted that the development of information and communication technologies as well as of the Internet had made it necessary to step up efforts in the discussion on an updated protection for broadcasting organizations, but consensus still needed to be reached on the specific scope and object of the protection under the draft treaty. A third special session of the SCCR should be convened and the issue of the protection of traditional and cablecasting organizations should remain on the agenda of the SCCR.
206 The Delegation of Kenya recalled that it had actively contributed to the work carried out over the last nine years on the proposed broadcasting treaty and it had actively participated in the deliberations at national, international and regional levels. Due to the stalemate in the current discussions, the diplomatic conference had to be postponed until such a date when consensus could be achieved by the Member States on the contentious issues raised in the SCCR. The item had to remain on the SCCR agenda in order to enable it to discuss the outstanding issues, prior to the convening of a diplomatic conference.
207 The Delegation of Japan noted that the SCCR had been discussing the issue since 1998 and that many positive proposals had been submitted by a number of Member States. Despite the disappointing outcome of the second special session of the SCCR in June, there was still a need for an early adoption of the draft treaty, considering that it would complement the protection provided under the WIPO Copyright Treaty (WCT) and the WIPO Performance and Phonogram Treaty (WPPT). Member States should continue working towards an agreement and the Delegation supported the recommendation contained in document WO/GA/34/8 in order that the diplomatic conference could eventually be convened.
208 The Delegation of Algeria, speaking on behalf of the African Group, stated that the item had to be kept on the agenda of the SCCR. Additional efforts had to be made with a view to reaching consensus on the protection of traditional broadcasting and cablecasting to reach an agreement before a diplomatic conference could be convened. Webcasting could not be granted any form of legal protection since developing countries were still affected by the negative effects of the digital divide. The protection to be granted to broadcasting organizations should be balanced against the rights of other rightsholders and users. The agenda of the next sessions of the SCCR should also contain other items connected with the implementation of the development agenda and relating in particular to the use of broadcasting for education.
209 The Delegation of Australia supported the contents of the recommendation contained in document WO/GA/34/8 and stated that qualified experts in the latest broadcasting technologies might be invited to speak before the SCCR as they had done at the invitation of WIPO several years ago. Broadcasting was a rapidly evolving area of technology and Member States could usefully be informed about the latest developments through updated expert presentations which would enable them to finalize their positions.
210 The Delegation of Argentina regretted that agreement could not be reached at the special sessions and indicated that the item was of particular interest to its country. It supported the recommendation contained in document WO/GA/34/8 with a view to achieving progress in the negotiations.
211 The Delegation of Indonesia expressed its appreciation of the process which had taken place on the deliberations related to the draft broadcasting treaty and welcomed the recommendations of the Committee which reflected long but substantive debates between the Member States. Further clarifications and agreement were necessary on some of the basic principles such as the concept of exclusive rights or “by any means”. The diplomatic conference could not be held in the near future if some of the fundamental questions had not been properly addressed. The Delegation was willing and ready to be substantively involved in the negotiations.
212 The Delegation of the Islamic Republic of Iran stated its readiness to continue the negotiations in the framework of the regular sessions of the SCCR. The scope of the draft treaty had to be limited to traditional broadcasters and their traditional activities and should be focused on a signal?based approach and the fight against piracy. No overlap should be created between the rights of traditional broadcasting organizations and rights holders in the program content, and neither should a new or secondary layer of protection for traditional broadcasting organizations be established which could restrict the free access of the public to knowledge, information and science.
213 The Delegation of Poland, speaking on behalf of the Group of Central European and Baltic States, acknowledged that despite the decision made and the holding of the two special sessions of the SCCR, time was not ripe for convening a diplomatic conference. A fruitful exchange of views had taken place, which had led to a better understanding of the positions of Member States and had shown that no effort had been spared to produce a normative outcome. Development of technology and the growing use of information and communication networks had necessitated the adoption of measures to secure an adjusted level of protection of broadcasters’ rights. Discussions should continue in the framework of the regular sessions of the SCCR.
214 The Delegation of El Salvador looked forward to achieving progress and stated that the item had to be retained on the agenda of the regular sessions of the SCCR, while the agenda should also include other items of interest to developing countries.
215 The Delegation of China stated that the protection of broadcasting organizations was not only linked to the interests of broadcasters, but also to those of other right holders and for the public interest. The SCCR had already achieved considerable progress and the level of protection currently afforded to broadcasting organizations was inadequate. Therefore the item had to be retained on the agenda of the regular sessions of the SCCR, so that further agreement could be reached on the essential elements of the draft treaty.
216 The Delegation of Turkey acknowledged the importance of the protection of broadcasting organizations and the efforts made towards reaching agreement and expressed its support for the adoption of the recommendation contained in document WO/GA/34/8.
217 The Delegation of South Africa supported the statement made by the Delegation of Algeria, on behalf of the African Group. It stressed the importance of protecting public interest and ensuring access to information, issues that should not be compromised by any treaty. It pointed out that some proposals made during the SCCR sessions ignored fundamental issues, such as the limitation to signal protection and the consideration of access to knowledge. It urged Member States to continue the discussions in consistency with the Development Agenda and supported the recommendation to the General Assembly to retain the issue in the SCCR agenda.
218 The Delegation of Mexico reminded the General Assembly of the importance of updating international rules to prevent signal piracy and to maintain an equitable balance between the different stakeholders. It supported very strongly the continuation of discussions of the issue in the SCCR.
219 The Delegation of Morocco supported the statement made by the Delegation of Algeria on behalf of the Group of 77. Several breakthroughs had taken place to achieve the desired consensus and an additional effort was necessary to reach an agreement to organize a diplomatic conference in the future to update the rights of traditional broadcasters. It supported retaining the issue on the SCCR agenda.
220 The Delegation of Chile recalled that it had participated with great interest in the discussions on protection of traditional broadcasters and cablecasters. No stakeholder was indifferent in relation to the implications of such a new protection of existing rights and other interests, but more information and experience was needed to continue the discussions. It acknowledged the efforts, time and dedication of the Secretariat to clarify the different doubts on the issues and to bridge the differences. However, it was evident that no agreement could be reached on the objectives, specific scope and object of protection of the proposed treaty at the moment. It could be useful to slow down or pause the process so as to determine the different issues at stake. Such a pause would allow Member States to focus on other issues such as limitations and exceptions and access to information. It would also allow time to get more experience on new changes and developments. Finally, the Delegation agreed to retain the issue on the SCCR agenda on equal footing with other issues.
221 The Delegation of Brazil noted that consensus on the issue was very elusive and, for that purpose, the recommendation of the latest special session had been carefully drafted. There was no doubt that the nine years spent on the process had been very useful, but the issue had proven to be extremely controversial. Conditions were not ripe for a diplomatic conference in the near future. It recalled that other important issues, such as the limitations and exceptions relevant for science, health and education, public domain, access to knowledge, among others, were also of great interest. If seminars were to be held in the area of protection of broadcasting organizations, they should be preceded by impact studies as well as open-ended discussions and public consultations. Studies should encompass the impact of protecting new stakeholders as well as traditional broadcasters, and should look at evolving trends, markets and public policy issues. Participation of speakers in the seminars should be balanced, bearing in mind the different views and interests, including those of developing countries.
222 The Delegation of Ukraine pointed out that the protection of broadcasters and cablecasters should be resolved in the area of related rights, and had to be granted against the illegal use of signals. Discussions in that respect deserved a constructive examination with a view to holding a diplomatic conference in the future. Since no agreement had been reached at the second special session of the SCCR, the Delegation agreed with the retention of the issue on the SCCR agenda. It also urged Member States to step up their work to reach a compromise on the problematic issues.
223 The Delegation of India expressed its disappointment regarding the differences among delegations and lack of agreement on the basic issues. It recalled that US$668 million had already been lost by India due to piracy, and urged Member States to reiterate its earlier mandate to continue discussions on a treaty for the protection of broadcasters in the traditional sense. No protection related to computer networks should be directly or indirectly included in any such treaty. It also stressed the need to prepare impact studies of new layers of protection on the right of creators and other stakeholders, access to knowledge and other issues considered by the PCDA. As pointed out by the Delegations of Australia, Brazil and Chile, a new set of documents should be prepared bearing in mind the PCDA recommendations, because reverting to document SCCR/15/2 Rev. would serve no purpose. The Delegation agreed that the issue be retained on the SCCR agenda and reiterated the three main points in its position: (i) that any future protection be confined to signal protection and traditional broadcasting only; (ii) that impact studies be prepared as previously put forward by different delegations; and (iii) that fresh documents be prepared on the issue.
224 The Delegation of the Russian Federation acknowledged the progress made during the SCCR special sessions. It had no objection to keeping the item on the SCCR agenda and, when consensus was reached, Member States could again consider the issue of convening a diplomatic conference.
225 The Delegation of Pakistan expressed its appreciation for the SCCR Chairman’s efforts to work out the differences among proposals. Despite the fact that the special sessions had helped to clarify various issues, the discussions were not ripe and a time-out would be the best option at the current stage. It agreed to keep the issue on the SCCR agenda.
226 The Delegation of Uruguay welcomed the efforts made to discuss the protection of broadcasters and joined previous delegations that recommended first reaching a consensus on the objectives, specific scope and object of protection of the proposed treaty. As proposed by the Delegation of Chile, a time-out was advisable and discussions of the SCCR should then focus on a broader agenda, including other issues such as the limitations and exceptions to copyright.
227 The Delegation of Nigeria joined other delegations in acknowledging the progress made in the last years. It stressed the need to limit any future protection to traditional broadcasting and agreed to retain the subject on the SCCR agenda.
228 The General Assembly:
(i) took note of the current status of the work in the SCCR on the protection of broadcasting organizations and cablecasting organizations;
(ii) acknowledged that progress was made in the process towards better understanding of the positions of the various stakeholders;
(iii) recognized the good faith efforts of all participants and stakeholder organizations throughout the process;
(iv) expressed the wish that all the parties continue to strive to achieve an agreement on the objectives, specific scope and object of protection, as mandated by the General Assembly;
(v) decided that the subject of broadcasting organizations and cablecasting organizations be retained on the agenda of the SCCR for its regular sessions and consider convening of a Diplomatic Conference only after agreement on objectives, specific scope and object of protection has been achieved.