SCCR 31 Intervention by Teresa Hackett for eIFL re broadcasting treaty

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>> Good afternoon. I’m speaking on behalf of electronic information for libraries, the works with libraries in developing and transitioning countries. I’d like to make a comment on the object of protection that has been under discussion here this afternoon. And the importance that any new instrument that might be created limits the object of protection to the signal and not to any underlying content.
The reason for this is because the creation of a new layer of rights that affects access to content is of great concern to libraries, because it imposes additional barrier to access to knowledge especially to content in the public domain. A new layer of rights will in addition to creating problems for users also we believe create problems for rights-holders of content that will impact on their ability to freely license their works.
Libraries have practical experience of such protection, of such overprotection caused by multiple layers of rights. A library in Europe wanted to publish a sound recording from their archive that was originally broadcast in the 1950s.
The recording was taken from a rebroadcast in the 1980s, although the performers’ right had expired and the author’s errs waived fuse due to cultural importance of the work the library had to pay the broadcast organization approximately $10,000 for permission to use the recording because the signal protection also applied to the retransmission — heirs. For many libraries such costs are out of the question. As a result, socially valuable works remain inaccessible in libraries and archives depriving the public of their enjoyment of the work.
Distinguished Delegates, we would ask you, please, to consider the costs to taxpayer and society of any proposed treaty as well as perceived benefits of this document. Thank you.

to get the live transcript:
http://www.streamtext.net/player?event=WIPO
code: sccr31
webcast: http://www.wipo.int/webcasting/en/includes/newplayer/Player_EXT_roomN.html