Quick notes from First Morning Session at SCCR 15
by Manon Ress
Monday Sept 11 10:30 WIPO SCCR 15th
The meeting started at 10:30 with a detailed introduction by Jukka Lieddes who was re-elected chair. He re-stated the tasks of the committee as decided by the General Assembly of 2005 when it was decided that there would 2 additional meetings scheduled "to accelerate, to agree and finalize" in order that the 2006 general Assembly can convene a Diplomatic conference in 2006 or 2007 at appropriate time etc.
The chair summarized what happened in May 2006 (SCCR14) and how the "clean text" had to be modified to include again all the alternatives. But simulcasting and webcasting were put on a different track and will not be discussed for this meeting.
Recalling other treaty negotiations (1996 and 2000), the chair stated that this treaty dealing with traditional broadcasting [and cablecasting] did not have real "deal breaker" and that it was possible to have acceptable working document to be discussed at a diplomatic conference in 2007 since December 2006 was not realistic.
He noted that there was "2 elements that needed to be tackled": one was that there was discussions of the treaty on the internet and other places and that there was a need for clarification. He explained that there was no completely new rights to be discussed here. The other elements that needed to be clarified was the right of retransmission by any means "over computer networks". He maintained that no, that did not mean that webcasting was included.
He designed a tentative working plan for the committee:
Afternoon session today: Rights and if enough time Limitaations and Exceptions and TPMs.
Informal discussion tomorrow morning (he encouraged delegations to meet informally) and then 2 plenaries, one in the afternoon and one at night. Then, if enough consensus, the secretariat and himself woul draft a new treaty proposal and present it on Wednesday.
After the coffee break, he explained the afternoon session again. There will be 2 "packages" one was the rights and the other limitations and exceptions and TPMs.
The rights that will be discussed are:
Article 9 - Right of Retransmission ( see doc SCCR/15/2 p41)
Article 10 - Right of Communication to the Public p.43
Article 11 - Right of Fixation p. 45
moment when signal is in the air, the broacast in the air or in cable and someone has a device capturing and fixing the signal as well as the program. the life time of fixation can be short or long
Then we'll discuss the "then downstream rights":
Article 12 - Right of Reproduction p47
Article 13 - Right of Distribution p 51
this one disappeared for a while because opposition but is back now
Article 14 - Right of Transmission Following Fixation p.55
Article 15 - Right of Making Available of Fixed Broadcasts p.57
a fixation in a database or server so public can access. it is another way to exploit what was the output of the org
Article 16 - Protection in Relation to Signals Prior to Broadcasting p 61
some call it deferred but it is another original transmission. no need to exagerat problem in naming. there's a fixation and then a delay.
11bis of Berne retransmission is only for simultaneous and by other.
No delegation asked for the floor so the morning session ended. back at 3pm.
The meeting started at 10:30 with a detailed introduction by Jukka Lieddes who was re-elected chair. He re-stated the tasks of the committee as decided by the General Assembly of 2005 when it was decided that there would 2 additional meetings scheduled "to accelerate, to agree and finalize" in order that the 2006 general Assembly can convene a Diplomatic conference in 2006 or 2007 at appropriate time etc.
The chair summarized what happened in May 2006 (SCCR14) and how the "clean text" had to be modified to include again all the alternatives. But simulcasting and webcasting were put on a different track and will not be discussed for this meeting.
Recalling other treaty negotiations (1996 and 2000), the chair stated that this treaty dealing with traditional broadcasting [and cablecasting] did not have real "deal breaker" and that it was possible to have acceptable working document to be discussed at a diplomatic conference in 2007 since December 2006 was not realistic.
He noted that there was "2 elements that needed to be tackled": one was that there was discussions of the treaty on the internet and other places and that there was a need for clarification. He explained that there was no completely new rights to be discussed here. The other elements that needed to be clarified was the right of retransmission by any means "over computer networks". He maintained that no, that did not mean that webcasting was included.
He designed a tentative working plan for the committee:
Afternoon session today: Rights and if enough time Limitaations and Exceptions and TPMs.
Informal discussion tomorrow morning (he encouraged delegations to meet informally) and then 2 plenaries, one in the afternoon and one at night. Then, if enough consensus, the secretariat and himself woul draft a new treaty proposal and present it on Wednesday.
After the coffee break, he explained the afternoon session again. There will be 2 "packages" one was the rights and the other limitations and exceptions and TPMs.
The rights that will be discussed are:
Article 9 - Right of Retransmission ( see doc SCCR/15/2 p41)
Article 10 - Right of Communication to the Public p.43
Article 11 - Right of Fixation p. 45
moment when signal is in the air, the broacast in the air or in cable and someone has a device capturing and fixing the signal as well as the program. the life time of fixation can be short or long
Then we'll discuss the "then downstream rights":
Article 12 - Right of Reproduction p47
Article 13 - Right of Distribution p 51
this one disappeared for a while because opposition but is back now
Article 14 - Right of Transmission Following Fixation p.55
Article 15 - Right of Making Available of Fixed Broadcasts p.57
a fixation in a database or server so public can access. it is another way to exploit what was the output of the org
Article 16 - Protection in Relation to Signals Prior to Broadcasting p 61
some call it deferred but it is another original transmission. no need to exagerat problem in naming. there's a fixation and then a delay.
11bis of Berne retransmission is only for simultaneous and by other.
No delegation asked for the floor so the morning session ended. back at 3pm.
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