Where's the "Signal Protection"? Read the "new draft" here

by Manon Ress

January 18, 2007

Today, right after the NGOs were allowed take the floor for 2 minutes each, the secretariat distributed the "new treaty". It's called "Chair's non-paper Combination of the four non-papers on Articles". Check out the rights, the limitations and exceptions and the term... and let me know if you think this is really about signal? Or maybe signal is not what I think?

This is the new text the delegates discussed (without NGOs permitted in the room this afternoon and tonight)

Manon

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SCCR/15/2: Preamble

(no new or amended elements suggested for consideration)

New Article

Object of Protection

1) The provisions of this Treaty shall apply to the protection of broadcasting organizations in respect of their broadcasts.

2) The provisions of this Treaty do not give rise to any rights in the programme content that is transmitted by the broadcasting organizations.

SCCR/15/2: Article 1

[Manon: ALT CC of SCCR 15/2] (1) Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under any international, regional or bilateral treaties addressing copyright or related rights

(2) Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright or related rights in program material incorporated in broadcasts. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection.

(3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties.

[Manon: NEW] 4) If this Treaty does not provide rights or protection for the same scope and on the same level as the Rome Convention or the TRIPS Agreement, Contracting Parties, who are Contracting States of the Rome Convention or members of the TRIPS Agreement, will apply the provision of these treaties between themselves.

SCCR/15/2: Article 2 - General Principles)

(No new or amended elements suggested for consideration)


SCCR/15/2: Article 3 - Protection and Promotion of Cultural Diversity

(No new or amended elements suggested for consideration)

SCCR/15/2" Article 4 - Defense of Competition

(No new or amended elements suggested for consideration)


SCCR/15/2: Article 5

Definitions

For the purposes of this Treaty:

a) "broadcast" means the programme-carrying signal used for transmission by the broadcasting organization;

b) "signal" mean an electronically-generated carrier cpable of transmitting programmes;

c) "broadcasting" means the transmission by wireless means of broadcast for the reception by the public;

-such transmission by satellite is also "broadcasting";
- wireless transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;
- "broadcasting" shall not be understood as including transmissions over computer networks;

d) "cablecasting" means...;

e) "broadcasting organization" and "cablecasting organization" mean the legal entity that takes the initiative and has the responsibility for the transmission of a broadcast tot he public, and for the assembly and scheduling of the programme content;

f) "retransmission" means ...;

g) "communication to the public" means making the programme content of broadcasts perceptible to the public;

h) "fixation" means... .

SCCR/15/2: Article 6

Scope of Application

1) The provisions of this Treaty shall apply mutatis mutandis to the protection of cablecasting organizations in respect of their cablecasts.

2) The provisions of this Treaty shall not provide any protection in respect of
(i) mere retransmissions by any means of transmissions referred to in [Article ];
(ii) any transmissions where the time of the transmission and the place of its
reception may be individually chosen by members of the public.

[Manon: new] 3) The provisions of this treaty shall not provide any protection for netcasting organizations in respect of their netcasts transmitted over the computer networks.

(No new or amended elements suggested for consideration)

SCCR/15/2: Article 8

National Treatment

[in italics ][ (1) The choice between the broad Berne type and the Rome/WPPT (specifically granted") type obligation will be left to the Diplomatic Conference.]

(2) Each Contracting Party may choose to apply the obligation provided for in paragraph (1) only to the extent that the other Contracting party applies [Articles ] of this Treaty. If a Contracting Party avails itself of the possibility provided for in this paragragh, the Contracting Party shall notify this application to the Director General of WIPO.

SCCR/15/2: Article 9, 11 and 14

Rights in the Broadcast

Broadcasting organizations shall enjoy the exclusive right of authorizing:

i) the simultaneous or deferred retransmissio of their broadcasts by any means, including rebroadcasting, retransmission by wire, and retransmission over computer networks; and

ii) the fixation of their broadcasts.


SCCR/15/2: Articles 10, 12, 13 and 15

Protection of Uses Following Broadcasting

Broadcasting organizations shall enjoy adequate and effective legal protection in respect of
i) the direct or indirect reproduction, in any manner or form, of fixations of their broadcasts;
ii) the making available to the public of the original and copies of fixations of their broadcasts;
(iii) the making available to the public of their broadcasts from fixations, by wire or wireless means, in such a way that members of the public may access them from a place and a time individually chosen by them; and

iv) the communiation to the public of their broadcsts, if such communication is made in places accessible to the public against payment of an entrance fee, or using very large screens in places accessible to the public, or made in a profit making purpose.

SCCR/15/2: Article 16

Protection of the Pre-broadcast Signal

Broadcasting organizations shall enjoy adequate and effective legal protection against
any acts referred to in [Article on rights abd Article on encryption] of this Treaty in relation to their signals prior to
broadcasting.

SCCR/15/2: Article 17

(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.

(3) Subject to the provisions in paragraphe 2, and in accordance with paragraph 1, Contracting Parties may provide for limitations and exceptions to the exclusive rights provided in this Treaty for such purposes as private use, educational uses, scientific research, uses for the benefit of disabled persons, legal deposit requirements, reporting of current events, and use for public security and judicial purposes.

[in italics] [The notion of "limitation" / "exceptio" is relevant in the context of exclusive rights or corresponding protection (possibliy including right to prohibit).

In the case of a more flexible standards of protection, such as "adequate and effective legal protection", the need for "limitations and exceptions" is less. The reason for this is the fact that it would be a matter for the Contracting Parties to design the form of protection, the level of protection, the details of protection, and the areas where there is no protection concerning some uses. The guiding standard would be the adequacy of the protection.]

SCCR/15/2: Article 18

Term of Protection

The term of protection to be granted to broadcasting organizations under this Treaty shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcasting took place.

Article/15/2: Article 19 and 20

Protection of Encryption and Relevant Information

Contracting Parties shall provide for adequate legal protection and effective legal protection against unauthorized

i) decryption of an encrypted broadcast;
ii) manufacture, importation, sale or any other act that makes available a device or system capable of decrypting an encrypted broadcast; and
iii) removal or alteration of any electronic inforamtion relevant for the protection of the broadcasting organizations.

SCCR/15/2:

Article 21 to 34

(No new or amended elements suggested for consideration)

[END of NON-PAPER]