Broadcasting
13 October 2005
Dear Senators Bill Frist, Harry Reid, Arlen Specter, Patrick J. Leahy, and Representatives Dennis Hastert, Nancy Pelosi, James Sensenbrenner, Jr., and John Conyers, Jr.
RE: Request for Public consultations regarding Webcasting treaty proposal at WIPO
We are writing to ask that Congress insist that the United States negotiators block a diplomatic conference at WIPO that would create a new Intellectual Property Right for Broadcasting and Webcasting Organizations until a federal register notice requests public comment on the costs and benefits of the proposal.
The treaty proposal is complex and will have far-reaching consequences. But few US firms or members of the public are even aware of the proposal. Moreover, the U.S. government agencies responsible for WIPO negotiations on the treaty have not yet adequately analyzed even the most basic issues, including, for example, the impact of the treaty on the Internet, or the required changes in U.S. law.
The Union for the Public Domain board has passed a resolution in support of Downhill Battle's campaign to organize screenings of the U.S. civil rights documentary, "Eyes on the Prize":
UPD BOARD RESOLUTION
Whereas, the award-winning US documentary film series "Eyes on the Prize" on the US civil rights movement -- called "the principal film account of the most important American social movement of the 20th century" by one expert -- has not been available for public viewing for the past 10 years;
Whereas, copyright laws and related licensing restrictions have been the
chief barrier to this lack of access,
Whereas, "Eyes on the Prize" will be screened over the Internet and in
public showings across the US as part of Black History Month (February),
despite the objections of various corporations and others that hold copyrights on songs and historic footage that appear in the documentary; the documentary maker is deceased.
We, the board of the Union for the Public Domain,
(1) endorse the work of the group "Downhill Battle" in organizing these screenings and making this important documentary available to the public, and
(2) call upon national governments to implement specific limitations to copyright that permit such works to be shown, when the social, cultural, educational or developmental benefit of a use outweigh the costs imposed by it on private parties.
For more info contact updinfo at public-domain dot org
See Downhill Battle for more background,
From Eric Hellweg at Technology Review:
Is 'Fair Use' in Peril?
...
Do you like fast-forwarding through commercials on a television
program you've recorded? How much do you like it? Enough to go to
jail if you're caught doing it? If a new copyright and
intellectual property omnibus bill sitting on Congress's desk
passes, that may be the choice you'll face.
[more after the break]
It was an amazing three days at the World Intellectual Property Organisation, with a strong push at the very end for transparent procedure at WIPO. The main outcomes were:
Chile successfully added an agenda item to the next meeting of the committee, to address the rights of users to access and use knowledge.
There was very little support for giving webcasters the broad new powers that the broadcasters are gunning for.
There was little agreement on including technological protection measures.
There was a good deal of dramatic debate over WIPO's procedures, their transparency, and how much they reflected a process driven by member states.
UPDATE: Notes on the proceedings from all three days are now posted at http://www.public-domain.org/?q=node/view/66
Many of you will remember the broadcasting industry's efforts to push a power-grabbing treaty through the World Intellectual Property Organization (WIPO). If the broadcasters have their way, the treaty will:
- Give broadcasters copyright privileges over material they did not create, but merely broadcast, including control over public domain material. They would get these powers for up to 50 years.
- Make it illegal to circumvent technology locks that enforce broadcasters' control over what users can do with broadcasts.
And if a small group of webcasters gets their way, they'll get these powers too.
In the last session the pro-treaty forces were pushing to move to the final stages of negotiation, while the developing countries in opposition were trying to slow down the process to get rid of the most odious positions.
The round of negotiations this week is more of the same, except that now there are even more civil society NGOs in attendance and WIPO recently welcomed a "Development Agenda" that explicitly acknowledges the need for these treaties to promote access to the public domain, not inhibit it. On the other side, the webcasters are making an extra hard push, and there still isn't a great deal of transparency and media coverage to keep the dogs at bay.
Stay tuned. Union for the Public Domain has two people here to make the arguments for the public domain, and we'll be posting daily updates to the UPD site (http://public-domain.org), including detailed notes on everything that happens in the assembly hall. In the meantime, don't hesitate to contact your country's copyright office to urge them to take a stand against this treaty.
(For more details on the treaty, see: http://www.public-domain.org/node/view/47)
Delivered by Shyamkrishna Balganesh on November 19, 2004.
[A slightly abbreviated version of this intervention was delivered
in the interest of time.]
The Union for the Public Domain is an international membership
organization that works for the promotion and enhancement of the public
domain in matters concerning patents, copyrights and other forms of
government imposed ownership of knowledge and technology. This is our
second time participating in the work of the Standing Committee and
Copyright and Related rights, and we would like to thank the member
states and secretariat for this opportunity.
18 November 2004
Mrs. Rita Hayes, WIPO Deputy-Director General
Dear Mrs. Hayes:
We welcome WIPO's recent efforts at greater transparency and support for civil society participation at these important meetings. It is therefore with regret that we have to inform you of difficulties we have experienced during this 12th Session of the Standing Committee on Copyright and Related Rights. We write to you to request your assistance to avoid a repetition of these unfortunate events.
Both yesterday and again today, written statements provided by IP Justice and the Electronic Frontier Foundation, which were placed on the table designated for floor papers, were stolen within minutes of being deposited on the table. Additionally yesterday documents provided by the Union for the Public Domain were also missing shortly after being placed on the table.
This morning, many of these documents were recovered from the trash can in the first floor men's restroom. Another set of IP Justice statements as well as copies of the alternative NGO Proposal for a Broadcasting Treaty were recovered from behind a desk on the ground floor. These documents provided by IP Justice, EFF, and the Union for the Public Domain were critical of the Broadcasting Treaty. The papers drafted by the broadcasting industry, urging the treaty's adoption, however, remain undisturbed on the table for floor papers.
Delegates' receipt of written statements provided by civil society are doubly crucial because of the limited time that has been allocated for interventions for civil society during this meeting. The briefing papers' disappearance causes us particular difficulty given WIPO's new procedure to no longer photo-copy NGO floor papers for the delegates. In order for us to get replacements, we would have to get on a bus and travel back into town to make more copies for the delegates, who have invited us to submit advice on these issues.
Currently, we have placed a representative from civil society near the table for floor papers to "guard" these written statements. But clearly this in not an acceptable situation for NGOs or WIPO. We request that you take adequate and effective measures to protect the materials placed on the floor paper table, regardless of the views expressed in those statements. Thank you for your attention to these matters.
Very truly,
Robin Gross
12th Session of the SCCR, Geneva
Election of Chair and Vice Chair
Chair: Jukka Leides
17 November, 2004
Notes by:
Thiru Balasubramaniam, thiru@cptech.org, Consumer Project on Technology
[TB]
David Tannenbaum, davidt@public-domain.org, Union for the Public Domain
[DT]
Cory Doctorow, cory@eff.org, Electronic Frontier Foundation [CD]
Jamie King, jamie@jamie.com [JK]
Volker Grassmuck, vgrass@rz.hu-berlin.de [VG]
--
Copyright-Only Dedication (based on United States law)
The person or persons who have associated their work with this document
(the "Dedicator") hereby dedicate the entire copyright in the work of
Recent coverage
- WIPO Secretariat ramps up the Pressure for a new Treaty on Broadcasting Organisations, IP-Watch, 4 November 2004
- Talks on broadcasting move ahead despite differences, TechDaily, 14 June 2004
- Proposal would extend broadcasters' rights, Associated Press, 10 June 2004
- Talks on broadcast rights may lead to new pact, Financial Times, 11 June 2004
- WIPO Press Release, 10 June 2004
- Look Inside A PC-killing WIPO treaty, Slashdot, 9 June 2004
- WIPO Broadcast Treaty Creates New Legal Rights for Broadcasters, Slashdot, 8 June 2004
- News Broadcasting rights: proposed treaty under fire, outlaw.com, 9 June 2004
Concise Analysis
Detailed Analysis
Treaty text
Click here for more info on the treaty and this meeting of the copyright committee at WIPO.
Day 1 Notes
Day 2 Notes
Day 3 Notes
12th Session of the SCCR, Geneva
Election of Chair and Vice Chair
Chair: Jukka Leides
17 November, 2004
Notes by:
Thiru Balasubramaniam, thiru@cptech.org, Consumer Project on Technology
[TB]
David Tannenbaum, davidt@public-domain.org, Union for the Public Domain
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