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Declaration on Broadcast Treaty

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[edit] THE RIO 2006 DECLARATION ON THE PROPOSED WIPO TREATY ON THE RIGHTS OF BROADCASTING ORGANIZATIONS

PREAMBLE

WHEREAS Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations would expand the scope and nature of rights in the 1961 Rome Convention beyond protection against signal piracy, which is the main concern of broadcasters;

WHEREAS these expanded broadcasting rights would create new barriers to legitimate artistic endeavours and business models based on the reuse and sharing of content that is included in a broadcast that is either flexibly licensed under a Creative Commons license, the Free Documentation License, the Free Art License, or in the public domain;

WHEREAS these expanded broadcasting rights add complexity and cost to the exercise of user rights under copyright, by increasing the number of parties from which to obtain voluntary permissions to use works, as well as the ability to exercise the public's rights under fair use, fair dealing, or user rights under copyright;

WHEREAS these expanded broadcasting rights will multiply in predictable and unpredictable ways if this additional layer of rights is applied to the Internet whether in the form of protection for webcasting, netcasting or any other form;

WHEREAS copyright holders and consumers have called upon WIPO to consider alternative methods of protecting the legitimate interests of broadcasting organizations regarding signal piracy that do not rely upon the granting of a new layer of intellectual property rights;

WHEREAS the Argentina & Brazil's Proposal for the Establishment of a Development Agenda for WIPO of August 2004 calls on "the potential development implications of several of the provisions of the proposed Treaty on the Protection of Broadcasting Organizations that the Standing Committee on Copyright and Related Rights is currently discussing [to] be examined taking into consideration the interests of consumers and of the public at large,"

WHEREAS elements of this treaty that are presented as optional protocols are likely to be imposed on developing nations as part of trade agreements with powerful developed nations,


THEREFORE, we call on WIPO and the national delegations who negotiate there on our behalf to:

1. Freeze negotiations on the WIPO Treaty on the Protection of Broadcasting Organizations until such time as WIPO can complete an impact assessment that considers the "development dimension" of the introduction of expanded broadcasting rights and considers the affect of expanded broadcasting rights on relevant interest groups including copyright owners, consumers and the public at large.

2. Implement any new rights granted to broadcasters in a manner that preserves a copyright owner's grants of permission in relation to underlying content that forms part of a broadcast that may be flexibly licensed under a Creative Commons license, the Free Documention License or the Free Art License, or in the public domain.

3. Require signing parties to any treaty expanding the rights of broadcasters to ensure that the public has, at a minimum, the same effective ability to use content consistent with existing limitations and exceptions to national copyright and related laws (e.g., fair use, fair dealing, and exceptions) because these are important to promoting and enabling new forms of creative expression and the public dissemination of creative works.

4. Eliminate the controversial extension of legal protection for technological protection measures to any expanded broadcaster rights because they interfere with the ability of users to exercise their rights under fair use, fair dealings, and other exceptions and limitations to copyright law.

5. Remove from all further consideration the inclusion of any protection for "webcasting" (in any form) from negotiations, whether in the main body of the treaty or as an "optional protocol" because such protection is not necessary to promote and stimulate new creative expression and because such protection threaten the ability of copyright holders to effectively flexibly license their works and the ability of users to engage in legitimate use and reuse of flexibly licensed and public domain materials, all of which primarily takes place on the Internet.

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