Broadcast Treaty Is Progressing, WIPO Says
There has been some positive movement in talks on a treaty updating broadcasting protections, a World Intellectual Property Organization official told us Tuesday. At the end of the March 13-17 meeting of the Standing Committee on Copyright and Related Rights,…
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however, several observers cited continuing unresolved key issues and not much progress (see 2303170003). But Copyright Law Division Director Michele Woods noted the secretariat is in the hands of the member states and is ready to support their efforts to reduce their differences. Based on their statements, the talks "progressed in terms of refining the compromise text that many delegations said could serve as the basis for moving forward," and while acknowledging the work that remains to be done, many "reiterated that they want the treaty to move forward." Woods said the document under discussion at the meeting is a compromise in the sense it would grant exclusive rights at some level (fixation), while also giving governments the possibility of implementing the treaty obligations through other adequate and effective legal means. Previous drafts had always contained alternative proposals, but "this time we heard multiple statements suggesting that the compromise is a good basis to move forward." A committee chair's summary noted delegations had different views on whether the treaty should offer some minimum level of protection for broadcasting over computer networks. Asked whether the issue of including webcasting in the treaty had long since been settled (the consensus was not to), Woods said the question of broadcasting over computer networks may be a similar issue, but the choice of terminology is significant. According to the explanation from the drafters, the term "computer networks" was used in an effort to be technology neutral and future-proof, she said: At the same time, the discussion and positions of various delegations have changed over time as the broadcasting industry has evolved.