June 14 PM Edition Techdaily
Talks On Broadcasting Move Ahead Despite Differences
by William New
International negotiators working to craft a treaty on the protection of broadcasters' rights last week agreed to take the talks to the next level at the World Intellectual Property Organization despite deep disagreement over key areas.
Last week's negotiations in Geneva for an international treaty on the rights of broadcasters was aimed at helping address problems of signal piracy, but for consumer groups and others at the event, the debate was about much more than that.
An unprecedented number of nonprofit groups participated in the WIPO meeting, and James Love, the director of the Consumer Project on Technology, said an "unholy alliance" formed among copyright holders, performers and consumer groups in support of a treaty that addresses signal piracy. Broadcasters want another layer of rights to broadcasts that they currently have no right to, the nonprofits said, and that would limit access to information in the public domain.
Rita Hayes, the WIPO deputy director-general who oversees copyright issues, said in an interview that she disagrees with the groups' charge that the treaty would give undue protections to broadcasters. She said the text covers the "creativity" of broadcasting.
"I don't want to turn this into a piracy issue," Hayes said.
The United States' proposed extension of the treaty to webcasters has faced strong resistance. That proposal, a compromise version by the European Union, and other ideas that are receiving little support will be considered in a revision prepared by the committee chairman, Hayes said. Webcasters seek rights for 50 years over any material they put online, which Love said has "unintended consequences out the wazoo."
Hayes acknowledged tough issues that need to be resolved. "I'm not saying we don't have some difficult time ahead," she said. "But I think there is certainly the will there."
Ironically, the consumer groups that disagree with Hayes credit her with helping get them into the organization. "We're thankful to Rita for helping to open up WIPO to civil society," Love said.
Hayes said that last week was the first time negotiators had a comprehensive framework. If WIPO nations decide to proceed in September, the committee in November would assess how much work remains to prepare the text for a full-fledged negotiation. It normally takes about a year to prepare such a negotiation, known as a diplomatic conference, Hayes said.
Hayes also said the negotiation has escaped the stasis afflicting other Geneva bodies such as the World Trade Organization, where everything under negotiation is connected so that nothing can proceed without progress in other areas. Some have suggested that some developing countries see a bargaining chip in slowing the WIPO treaty sought by developed countries.
"We all know that everything is connected," Hayes said. "[But] I don't think at all that one is holding up the other. It is very much a bipartisan treaty." She said the notion of a treaty has strong support in developing regions like Africa and is "clearly not a north-south issue."
