SCCR 32 Day 1: US Delegation Statement on some definitions

UNITED STATES: Thank you, Mr. Chairman. Just to weigh in on a couple of the definitions that have been under discussion to date, so with respect to program carrying signal on the bracketed, the first bracketed language as originally transmitted and in any subsequent technical format, we agree with the E.U. that that is probably an important phrase to retain in as much as it makes clear that subsequent technical modifications of the signal will not result in the loss of protection of the originally transmitted signal.

And I think that’s consistent with thinking that informed the delegates to the Brussels Convention. With respect to the second phrase, the second bracketed phrase for reception by the public, there is an argument that it underscores the narrow scope of signals that are protected under this treaty, but we did listen to the point made by the E.U. that it arguably superfluous and, therefore, we could go along with the idea that that be deleted.

\With respect to the definition of program, and that phrase that is authorized for transmission by the right holder, we have heard, I think, in the last session that it raised difficult concerns with respect to public domain materials, and we think the notion that only lawful materials ought to be the lawfully transmitted materials, transmitted by a broadcast signal shall be the subject of this treaty, so we would like to see that lawful transmissions, that concept retained somewhere in the text. But we certainly understand the difficulties with this particular phrase and would go along with, with the thinking along those lines of the problem problem that is suggested. With respect to alternatives A and B under the definition of broadcasting, this delegation does have a preference for alternative A. Alternative B as you pointed out earlier is much more wide open containing the phrase or any other means for reception.

And in our view, it’s not consistent with the emerging consensus, if not adopted consensus that this treaty ought to be narrowly focused. With respect to the alternatives for the definition of retransmission, this delegation has a preference for the more narrowly focused alternative, alternative B.

Thank you, Mr. Chairman.