WIPO General Assembly 2019: KEI statement on the Report on the SCCR

On Wednesday, 2 October 2019, Knowledge Ecology International delivered the following statement on Agenda item 15, Report on the SCCR.

WIPO General Assembly
Agenda item 15, Report on the SCCR

Statement of Knowledge Ecology International

With respect to the broadcasters treaty, KEI proposes the SCCR publish a report on the ownership, concentration of ownership, and nationality of ownership, of the new streaming services that are rapidly replacing traditional broadcasting in many markets.

It is irresponsible to adopt a treaty that will include any Internet streaming without taking stock of where the technology and ownership of the technology is headed, particularly if all one has to do to qualify as a broadcasting organization is to buy a broadcasting license, something that Pandora and other streaming services do now to qualify for other benefits.

For most countries, the broadcaster right will turn out to be a massive transfer of income from their nationals, including artists, to foreign-owned streaming companies.

On limitations and exceptions, KEI suggests the SCCR evaluate if norrm-setting for archives and preservation is an achievable objective in the near term. This appears to be an area where harmonization is less challenging, and the global and social issues are significant, and conflicts with right owners are not significant.

As regards education and other exceptions, KEI asks the SCCR to review the exceptions in the 1976 Tunis model law for copyright, as well as the modalities that were used for the development of the model law.

KEI supports work at the SCCR on an artist’s resale right for physical works of art, but this treaty should not extend copies of works.