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.
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SCCR 31 KEI Intervention on the again-expanding scope of the broadcasting treaty

Martin Moscoso, the Chair, invited NGOs’ comments.
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>> KEI: Thank you, Mr. Chairman. In listening to the conversation today and yesterday on this notion of signal versus the content, or container versus the content, it sounds appealing and people have been talking about this now for some years, the idea that you can separate the idea that there is a signal and there is content and things like that.

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SCCR31 Object of Protection Discussions

Day 2 SCCR31 Object of Protection discussion started a 12:45pm. At 1pm we left for lunch and a meeting on education.

II. OBJECT OF PROTECTION

(1) The protection granted under this Treaty extends only to broadcasts transmitted by, or
on behalf of, a broadcasting organization, but not to works or other protected subject
matter carried on them.

(2) The provisions of this Treaty shall not provide any protection in respect of mere
retransmissions by any means.

(3) Broadcasting organizations shall also enjoy protection for simultaneous or near
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SCCR31 Morning Discussion on Definitions of Retransmission

Day 2 of SCCR31. The morning session was well attended and took place in the “old” and smaller meeting room. Delegates and NGOs can see each other in this room and it was leading to quite a bit of diplomacy and thus most probably consensus. Here is a selection of interventions regarding definitions of retransmission as stated in the Chair’s text under discussion:

(d) (1) “retransmission” means the transmission by any means of a broadcast [/cablecast] by any other entity than the original broadcasting [/cablecasting] organization, whether
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KEI intervention on definition of broadcasting

WIPO SCCR 31 is having a text based discussion of the language for a proposed broadcasting treaty. The meeting is open to NGOs, instant transcripts are streamed over the Internet, and the proceedings are webcast. I was allowed to make to technical interventions this afternoon on the definitions. This is a slightly edited version of my second intervention, on the question of whether or not to have separate definitions for broadcasting and cable casting.

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SCCR 31 Day 1. Statement of India regarding the broadcasting treaty

The Delegation of India made the following elegant but extremely to the point statement:

Opening Statement by India on the Broadcasting Treaty at the 31st session of the Standing Committee Copyright and Related Rights at WIPO on 7 December 2015, delivered by Dr. Sumit Seth, First Secretary (Economic)

Thank your Mr. Chairman

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SCCR 31 Day 1. Debate on Definitions for Broadcasting & Cablecasting Treaty

DAY 1 (12/7/15) SCCR 31 Re Definitions

This is the text the member states are dicussing this afternoon:

For the purposes of this Treaty:

(a) “signal” means an electronically generated carrier capable of transmitting a broadcast or
cablecast encrypted or not which carries the programmed output of a broadcasting organization.

ALTERNATIVE A

(b) (1) “broadcasting” means the transmission by wireless means for reception by the
public of sounds or of images or of images and sounds or of the representations thereof, such
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SCCR 31 Check out the Text for Broadcasting & Cablecasting Treaty

At the close of the last meeting (June 29 to July 3, 2015), the WIPO Standing Committee on Copyright and Related Rights (SCCR) requested that the Chair prepare for its next session (December 7 to 11, 2015) a “consolidated text” with respect to 1) definitions, 2) object of protection, and 3) rights to be granted for the proposed treaty for the protection of broadcasting and cablecasting organizations.

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