[Fsfe-ie] Another awful treaty in the works

teresahackett at eircom.net teresahackett at eircom.net
Wed Jun 2 18:48:14 CEST 2004

This one has been in the pipeline at WIPO for a couple of years. At the meeting next week of the WIPO copyright committee, a decision will be made on whether to go ahead with a diplomatic conference in 2004/2005 to agree on a Treaty text. There are some important outstanding issues however and unless agreement can be reached in advance, it is unlikely that WIPO member states will wish to go ahead (a diplomatic conference on the protection of AV performances in 2000 failed).

*The Treaty would create a new layer of exclusive rights to transmitters of information, even if they are not the creators
*The proposal may include broadcast, cablecast, webcast (US in favour of webcast, others such as Singapore [and I think Japan] are against)
*No agreed definition on content, it is argued the whole web if sounds/images/text included
*Term of protection is 50 years, in contrast to 20yrs for TRIPS and 15yrs for database rights
*Could cover public domain, non-copyrightable materials e.g. facts and GPL material.

I will be at the WIPO meeting next week with a coalition of NGOs. More info at: http://www.cptech.org/ip/wipo/wipo-casting.html


An agent of the UN, WIPO has 180 member states. The Standing Committee on Copyright and Related Rights meets twice a year and comprises national civil servants responsible for copyright issues. Ireland is represented by the IP Unit at the Dept of Enterprise. WIPO Treaties are important e.g. one of the purposes of the EUCD 2001 was to implement the WIPO Copyright Treaty 1996 into Community law.

"Malcolm Tyrrell" wrote:
> I'm not suggesting IFSO take this one on, but perhaps some
> of you would be interested.
> Apparantly there are moves at the WIPO level to give
> broadcasters (not copyright holders) exclusive rights over
> the material they broadcast. These rights apply even if the
> material is public domain.
> Check out:
> http://www.public-domain.org/?q=node/view/31
> Malcohol

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