FIAPF - International Federation of Film Producers Associations


TECHNOLOGY & CONTENT PROTECTION WIPO WORLD SUMMIT ON THE INFORMATION SOCIETY INDUSTRIAL RELATIONS EUROPE ASIA AMERICAS

Broadcasters’ treaty

Since 1998, broadcasters have been putting pressure on WIPO to adobt a Treaty granting them new rights to protect themselves from the increasing incidence of broadcast signal piracy.

They justify that demand arguing that neighbouring rights protection is the easiest legal way to obtain rapid injunctive relief to stop illegal use of their signal.

The following key issues have been on the WIPO broadcasters' agenda for the past five years:

Which type of broadcasters should benefit from an updating of the protection? Three types of potential beneficiaries are being discussed:

traditional free-over- the-air broadcasters
cable-casters
web-casters. This category is the most controversial.

What specific rights do broadcasters require in order to protect their signal adequately? Three potential sets of rights are under discussion:

the Rome Convention level
Additional rights for broadcasters, linked to the cable transmission of programs
Additional rights for broadcasters, linked to web-casting.

Supported by a coalition of other rightholders organisations, FIAPF has called for limiting the Treaty under debate strictly to the rights required by broadcasters to combat the piracy of these signals.

At the 10th session of WIPO Standing Committee on Copyright and Related Rights (SCCR), there was no new proposal from Member states. However, at least nine countries including Russia, the USA and the EC are calling for the continuation of the debates and several members states have expressed strong reservations on the potential inclusion of cable-casters and web-casters in this treaty. They are suggesting instead that web-casting may be the object of a separate document. That was the position of China and India in particular.

The 11th session of SCCR will take place on June 7th, 2004. A consolidated text will be prepared by the Chairman with the different proposals from the various delegations. This text will be available in April 2004.

The basic Treaty proposal is intended to be presented and discussed by the delegates at SCCR 11 & 12 (June and November of 2004). The session should also lead to a formal calendar for the adoption of a treaty.

A Diplomatic Conference for the adoption of the proposed Treaty is not expected before 2005. FIAPF will carry on its lobbying action to limit the scope of the Treaty and the rights to be included therein.

Pdf files’ inventory (headings only)

Broadcasters’ Rights - FIAPF position