October 3-4, 2018: Appraising the WIPO Broadcast Treaty and its Implications on Access to Culture

October 3-4, 2018
Geneva
Graduate Institute, C1
Chemin Eugène-Rigot 2
Petal 5

KEI is hosting a 1.5 day seminar on the WIPO broadcasting treaty October 3-4, 2018, at the Graduate Institute of International and Development Studies (IHEID), which is walking distance from WIPO. For those interested in attending this seminar, please contact Thiru Balasubramaniam at thiru [at] keionline.org

The current negotiating text for the WIPO Broadcasting Treaty is document SCCR/36/6 (Revised Consolidated Text on Definitions, Object of Protection, Rights to be Granted and Other issues) prepared by Daren Tang (Singapore), the Chair of the WIPO Standing Committee on Copyright and Related Rights (SCCR).

KEI has developed a timeline of the negotiations which can be found here.

This seminar will be webcast.

Links to the webcast can be found here:

October 3: https://www.youtube.com/watch?v=QYcvaeyS04k
October 4: https://www.youtube.com/watch?v=NC5AdokTF2o

The seminar will begin on Wednesday afternoon, October 3rd, and will continue all day Thursday, October 4th. The meeting will feature speakers with diverse perspectives. The first day afternoon program will provide an overview of the treaty and the issues the proposed treaty raises for copyright holders and the public, including a keynote address by Professor Bernt Hugenholtz. The keynote address will then be followed by a panel that summarizes the Chair’s text and provides context, such as the history of the negotiations.

The second day will feature four panel discussions. The first three panels will address specific issues in the draft treaty as described in the recent SCCR text SCCR/36/6. [1] The last panel on October 4th will offer reflections on the discussions from a variety of perspectives.

Each of the panels will feature experts and stakeholders who have diverse views, and will have sufficient time for the audience to engage the panel members.


Agenda

Wednesday, October 3, 2018


14:30 – 16:00 Keynote address followed by discussion

Implications of the WIPO Broadcast Treaty on Access to Culture – Professor Bernt Hugenholtz, University of Amsterdam

Presentation of proposed WIPO Treaty for the Protection of Broadcasting Organizations – Carole Croella, World Intellectual Property Organization

16:50 – 18:00 Panel 1: The history and context of the negotiation

Viviana Munoz, South Centre
Thiru Balasubramaniam, Knowledge Ecology International – His presentation, Appraising the WIPO Broadcast Treaty and its Implications on Access to Culture: The history and context of the negotiation, can be found here.
Heijo Ruijsenaars, European Broadcasting Union
Q&A session.

Moderator: James Love, Knowledge Ecology International

End of day one

Thursday October 4, 2018

10:00 to 11:15 Panel 2: Rationale, Beneficiaries and Scope

Panel members will be asked to address four questions: (1) what is the rationale for the treaty, (2) who will be the beneficiaries, (3) to what degree will the treaty be applied to works that are distributed on the Internet, and (4) how realistic is it to limit the beneficiaries to one group of publishers based upon the ownership of a broadcast license?

Hannu Wager, World Trade Organization
Heijo Ruijsenaars, Chairman of the World Broadcasters Unions’ working group
Dr. Peter Munkacsi, Ministry of Justice, Hungary – Dr. Munkacsi’s presentation on the Orphans of Rome can be found here.

Anubha Sinha, Centre for Internet and Society
James Love, Knowledge Ecology International (KEI) – Jamie’s presentation – “Why, who, what and how?” can be found here. His timeline on Selected developments in technologies to distribute, broadcast or streamaudio and audiovisual content can be found here.
Q&A session.

Moderator: Teresa Hackett, Electronic Information for Libraries

Break 11:15 to 11:40

11:40 to 13:00 Panel 3: Rights Granted, Term of Protection, and Impact on Public Domain

Cristiana Gonzalez, CNTR. | Centro: tecnologia, espaços, políticas públicas
Ryan Merkley, Creative Commons – A written excerpt of Ryan Merkley’s remarks can be found here.
Ariadna Matas, International Federation of Library Associations and Institutions
Amalia Toledo, Karisma Foundation
Q&A session.

Moderator: Priscilla Yap, Permanent Mission of Malaysia

Panel members will be asked to address four questions: (1) what rights should be granted, (2) what is the proposed term of protection for a “signal” and will a durable term create perpetual rights in works, (3) how will the treaty impact copyright holders economic rights, and (4) what are the consequences for the public domain?

Break for Lunch at the Graduate Institute 13:00 to 14:30


14:30 to 16:00 Panel 4: Limitations and Exceptions to Rights

Panel members will be asked to evaluate the proposed limitations and exceptions in SCCR/36/6 as well as propose alternatives, and if the need for exceptions expand with broader and more durable rights?

Teresa Hackett, Electronic Information for Libraries
Sean Flynn, American University Washington College of Law
Teresa Nobre, Communia
Felipe Saona, Alliance of Ibero-American Broadcasters for Intellectual Property
Q&A session.
Moderator: Thiru Balasubramaniam, Knowledge Ecology International


Break 16:00 to 16:30


16:30 to 18:00 Panel 5: Closing Reflections on the Proposed Broadcasting Negotiations

Viviana Munoz, South Centre
Alexander da Costa, Deputy Permanent Representative, Permanent Mission of the Gambia
Cauê Fanha, Permanent Mission of Brazil to the World Trade Organization
Erry Prasetyo, Permanent Mission of Indonesia
James Love, Knowledge Ecology International
Q&A session.

Moderator: Thiru Balasubramaniam, Knowledge Ecology International

Note [1] Standing Committee on Copyright and Related Rights, Thirty-Sixth Session Geneva, May 28 – June 1, 2018, SUMMARY BY THE CHAIR. 7. Discussions based on document SCCR/35/12 and document SCCR/ 36/5 were held in informal sessions of the Committee. These discussions were instrumental in helping to clarify various technical issues and delegations’ positions with a view to achieving a common understanding on definitions, object of protection, right s to be granted and other issues. Following these discussions, the Chair prepared document SCCR/36/6 to reflect his understanding of the state of discussion.