July 23, 2012. Broadcasting organizations (and MPA) views on why they need a treaty

July 23, 2012. Broadcasting organizations (and MPA) views why they need a treaty

I am not sure if the best film analogy here would be Groundhog Day or The Bridge on the River Kwai but the following NGOs are re-affirming that they need a treaty because:
1. there is a piracy problem that can be fixed by giving them more exclusive rights for 20 years
2. the Internet treaties trilogy: there is a WCT and a WPPT so there has to be a WBT. To be fair.

I still do not understand how an enforcement problem can be solved by more rights. I still do not understand how you can fix a signal. I still do not understand the benefits for society but I will let you read, in their own words their rational for a treaty for broadcasting organizations:

JBA: [...] Up to this point JBA the Japan commercial Broadcasters Association has a view that the new treaty should protectonly traditional broadcasting as a first step not other activities even if they would be conducted by traditional Broadcasting Organisations.
An international treaty sets a minimum standard which should have a common denominator among all Member States and that is to protect the traditional broadcasting of traditional broadcasters.
Therefore, the Scope of Protection should be only traditional broadcasting at this stage.
Of course we can think of protecting other activities done by Broadcasting Organisations soon after establishing the protection of traditional broadcasting.
Last month Beijing treaty on audiovisual performances has been established and the only work left to finish the Internet treaties is that of protecting Broadcasting Organisations. We have to make steady progress to move the process forward. Thank you, Madam Chair.
Of course we will reserve the right to come back with significant textual language. But we are committed to seeing that this process go forward given the amount of time it has spent on the agenda. Thank you, Madam Chair.
>> NABA: Thank you, I will be brief Madam Chair NABA on behalf of Broadcasting Organisations in the United States Mexico and Canada commends the Chair on it's non-paper it's an excellent proposal for this meeting as well as documents from the past it efficiently reflects positions with broad support in the text while noting provisions not consistent broadcasters believes it provides the basis for formulation of a treaty that meets their needs a key element of a forward-looking treaty that will stand the test of time is inclusion of technologies broadcasters must have the needs to protect against unauthorized signals on the Internet protection of traditional broadcasting in accordance with the mandate of the General Assembly in 2007 does not preclude protection in relation to new technologies for traditional broadcasters.
In attendance at this meeting are representatives from Broadcasting Organisations from many regions. We're willing to work with delegations to assist taking this paper with the next level of support with a view towards moving towards a final negotiation of the treaty for the diplomatic conference in the future.

CRIC That is whether transmission over the Internet done by traditional broadcasters should be protected or not. I should say without observing this issue we cannot make substantive progress. As to the scope of application, although we find only one proposal submitted by South Africa, Mexico joint proposal in the Chair's non-paper, now there are various proposals not only Japan's proposal but also EU proposal and so on on the tab. We have to focus our discussions on this important issue based on various proposals, concepts, not only one proposal. And also the -- that an international treaty is to provide a minimum criteria by consensus not the maximum. I hope constructive discussion on this point would bring us harmonization to our establishment of broadcasters treaty. Thank you, Chair.

MPA. Thank you, Madam Chairman. The MPA would like to reiterate it's support for a balanced approach to the legal broadcast organisations. At the international level. Broadcasters and indeed Webcasters already enjoy a significant level of balanced process for example at the EU level and indeed in other countries EEDC through related rights or other forms of protection. By way for example this protection along with the protection established for underlying content has co-existed at the EU level for a couple of decades at least and it's coincided with the development of strong audiovisual broadcast sector in Europe and by the way the Internet is flourishing there, too it's also driving the launch of new services moreover this protection does not appear to have interfered with the rights held by other rights holders in the underlying content indeed they generally benefit from it. Consumers benefit from new services and wider choice. In our view the treaty should lead to protection in countries where it is lacking. This is not about transplanting systems of protection the treaty should permit Member States to take different paths to achieving that protection however it is indeed needed. At the MPA we are struggling still with traditional TV piracy in some regions in this regard we share the desire of Japan, Mexico, South Africa, and indeed the African Group as well as other Member States to move forward on this dossier. The absence of a specific cause of action in the hands of Broadcasting Organisations does seriously constrain our ability to address signal theft issues in many places around the world. To the extent that there is movement forward on this treaty it must take place in a manner entirely consistent with the international copyright key the treaty also needs to be fit for purpose in the Digital Age. Broadcasting Organisations require protection on the Internet but merely updating protection for traditional organisations while neglecting new players does seem short sided as a general manner Member States should have room to maneuver in determining how to provide adequate and legal protection for the signal while at the same time protecting the underlying content in accordance with the relevant treaty. Thank you. Peace, love and broadcasting rights.

ABU urges Government delegations to consider adopting today a single text treaty where traditional Broadcasting Organisations should be granted protection in various platforms considering the impact on digital technological development. Thank you, Madam Chairman