WIPO has posted responses to the latest draft non paper Broadcast Treaty. This paper created after the last meeting in January proposes following the “signal-based” approach to the treaty (rather than “rights-based”).
The EU response includes
- reiteration that the European Community and its Member States remain convinced that a rights-based Treaty is the way forward not ‘signal’ based.
- worries that the draft would exclude not only webcasting (which is to get its own treaty) but also trans mission via IPTV and DSL.
- questions as to why the list of exception is so long/open and clarification of why “legal deposit requirements” have been introduced and what exactly they refer to.
- suggestion that the definition of “program” and “broadcast” be clarified to make clear the exact protection intended.
The aim of this treaty is to ‘update’ (or totally expand – depending on your view) the The Rome Convention which gave European broadcasters the right to control rebroadcasts, “fixations” (recordings), and public performance of their transmissions for 20 years after the broadcast was first made (signed in 1961).
The final version of the non paper will be published on 1 May 2007.