What happened to the "PBS clause"? Maybe they should know that they've been dumped?

by Manon Ress

Looking at the "evolution" of the limitations and exceptions in the draft treaty, you'll see the PBS clause is gone. I was told by the US delegation it was important and that it was the way to make the provisions work with US laws etc....I sure hope it's back in the new "draft" due August 1? Does anyone know?

Check it out:
Paragraph (3), in Alternative T, was called the PBS clause. It was a proposal by (Egypt and) the United States of America to provide a “grandfathering clause” that would allow Contracting Parties to maintain certain limitations and exceptions concerning retransmissions. Same language since June 2004, at SCCR 11 and then SCCR 12 and 13. It looked like a pretty good idea:

Article 14 Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of broadcasting organizations as they provide for, in their national legislation, in connection with the protection of copyright in literary and artistic works, and the protection of related rights.

(2) Contracting Parties shall confine any limitations of or exceptions to rights provided for in this Treaty to certain special cases which do not conflict with a normal exploitation of the broadcast and do not unreasonably prejudice the legitimate interests of the broadcasting organization.

Alternative T
(3) If on [the date of the Diplomatic Conference], a Contracting Party has in force limitations and exceptions to the rights conferred in Article 6 in respect of non commercial broadcasting organizations, it may maintain such limitations and exceptions.

Alternative U
(3) [No such provision]

However, in May 2006 at SCCR 14, the "PBS clause" has been deleted (not enough support according to chairman's text). Article 12 now follows the L&E in the WPPT 16(1) and Rome 15.2 in first paragraph. The second paragraph is the 3 step test. Period. Check the text and let me know if that would accomodate US law as it is regarding noncommercial broadcasting:

Article 12 Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of broadcasting organizations as they provide for, in their national legislation, in connection with the protection of copyright in literary and artistic works, and the protection of related rights.

(2) Contracting Parties shall confine any limitations of or exceptions to rights provided for in this Treaty to certain special cases which do not conflict with a normal exploitation of the broadcast and do not unreasonably prejudice the legitimate interests of the broadcasting organization.