SCCR 32 Day 1: EU statment on some definitions

EUROPEAN UNION: Thank you, Chair, for giving us the floor again. Just for clarity on our position, I think that on the definition of program, we would count ourselves as one in this delegation that see such addition as an obstacle to exercising rights under this treaty and that’s why we maintain after your clarifications also that we would prefer to see it deleted from the definition of program the phrase that is authorized by the right holder for transmission.

Coming back to definitions of broadcasting and cablecasting, I just wanted to clarify that we are not looking for adding some intermediate definition. We have a preference for alternative A as also mentioned by the Delegation of United States, but that is the one that in our view represents better the emerging consensus here. We just wanted to be clear that it is to denote traditional means of broadcasting and cablecasting.

And we think that without a clarification as to this not covering transmissions of a computer networks, this is not clear. Because if you had wireless wire together it can mean everything. It can mean by any means basically, and that’s why we think that clarification here is required as to transmissions over computer networks, but this is our preferred, preferred alternative.

Just to add on the remaining definitions, we were wondering whether possibly since we have a definition here of near simultaneous transmission, whether we should not have a definition of deferred transmission because it is being used throughout the document. It’s quite an important term also for the object of protection and for the definition of rights. So possibly this would have to be defined, would have to be defined as well.

And finally, we were wondering whether in the definition of pre broadcast signal which now says it’s for the purpose of subsequent transmission to public, whether we should not clarify even further that this signal when transmitted is not intended for direct reception by the public so when it is transmitted it is not for reception by the public but it is for the purpose of subsequent transmission for the public, so it is the same logic but just a little more clarification on that. Thank you.