Transcript International Protection of Rights of Broadcasting Organizations Seminar on Intellectual Property and Creative Small and Medium-sized enterprises in the digital environment Geneva, May 20,

International Protection of
Rights of Broadcasting Organizations
Seminar on Intellectual Property and Creative Small and
Medium-sized enterprises in the digital environment
Geneva, May 20, 2008
Standing Committee on Copyright
and Related Rights (SCCR)
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Update rights of broadcasting
organizations
Protection of audiovisual performances
Exceptions and limitations
Protection of non-original databases
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Broadcasting is at the centre of the
convergence triangle
Broadcast, Media & Entertainment
Information
Technology
RAI, TF
Communications
(EBU)
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Internet Piracy/Europe
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Internet
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Offers new types of services (e.g. audio-on demand and
eventually video-on-demand) and is widely used by
broadcasters
–it can extend the reach of live radio & TV
–it can provide on-demand services (unlike traditional
broadcasting)
–it allows producers to deliver their content directly to
the public
–it lowers the barriers to entry –and overcomes the
restrictions of spectrum scarcity
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Internet /Webcasting
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Webacasting is based on streaming technology
Is the real-time transmission of audio and/or video
from a source (server) via a computer network to many,
or point-to point, for immediate performance.
Difference with downloads.
Technical problems
Broadcasters typically have to pay $0.50 per listener per
hour to deliver audio via the Internet (EBU)
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Mobile TV
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Mobile telephones have become an essential part of
modern life
Development of high bandwith wireless networks
makes webcasting portable
The mobile “infotainment” market is expected to be
worth $30 billion globally by 2008
3G phones open up new possibilities
Football fans can get their phone to ring and show
them a clip whenever their team scores a goal
Kids can play games with their friends or send live
video clips from a party
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Kazaa and Morpheus-1.81 billion files in a month
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Illegal Peer-to-Peer file distribution is now
mainstream
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Kazaa, Limewire, Edonkey & Bittorrent
Research conducted by Cachelogic shows that
illegitimate peer-to-peer file sharing of music, video and
software is now the single largest source of consumer
data on ISP networks
“Traffic analysis conducted as part of a European Tier
1 Service Provider field trial has shown that P2P traffic
volumes are at least double that of [web traffic] during
the peak evening periods and as much as tenfold at
other times.”
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A wide array of file-sharing applications and
websites
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The vast majority of popular US and UK TV
series are available for download
According to web monitoring firm
ENVISIONAL the amount of TV show piracy
increased 150 per cent over the past year.
􀁻The UK which leads the way, accounting for
around one fifth of global television piracy,
ahead of Australia in second and the USA in
third.
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Broadcasting Piracy
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Licensed or unlicensed operators broadcasting
unauthorized content obatined from satellite spill over
Licensed/unlicensed operators braodacsting unauthorized
contained obtained from signal theft
End users with pirate set top boxes or smart cards
commercial sale to the public of videocassettes of
unauthorized copies of a sports programme, in the
broadcaster's country and abroad
distribution of copies of broadcast programmes via
Internet sites
cable distribution of complete broadcast programmes in
the broadcaster's neighbouring country or countries within
a satellite footprint
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Webcast Piracy
Unauthorized taking of streams from the
server, and retransmitting them through
the pirate’s website
 Hacking into the webcaster’s servers and
stealing hidden content files
 Technological measures are temporary
fixes against piracy
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Rationale for protection
Broadcasters are Aggregators: IP protects entrepreneurial
efforts and investments in assembling and scheduling
programs
 Broadcasting major economic sector in developed and
developing countries. Protection of BO contributes to
development of local content
 Broadcasters provide access to information to everyone
 Legal protection granted because of:
- the investment required for providing programme content to
the public
- the easiness of exploitation by others, of the result of this
investment in the new technological environment
 Piracy affects all content owners chain: fight against signal
piracy ultimately benefits all content owners
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FILM /TV : Rights in respect of cable
retransmission of broadcast programs
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simultaneous and unchanged transmissions of
broadcast programs
Article 11bis(1)(ii) of the Berne Convention “[a]uthors ...
enjoy the exclusive right of authorizing ... any
communication to the public by wire ... of the
broadcast of the work when this communication is
made by an organization other than the original one
national law grant some rights to the beneficiaries of
related rights also for such retransmissions
EC Council Directive 93/83 1993
Article 9(1) of the Directive, member states must
ensure that the right of copyright owners and holders of related
rights to grant or refuse authorization to a cable operator for a
cable retransmission may be exercised only through a collecting 14
The Proposed Treaty on the Protection
of Broadcasting Organizations
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Piracy has huge economic implications
Affects the broadcaster’s advertising revenues,
revenues from sublicensing, dissipates viewership
Process initiated by Member States at WIPO Manila
forum on broadcasting in 1997.
6 regional consultations
Discussions based on treaty language proposals
from 18 Member states from developing and
developed countries
discussions took place in 16 consecutive sessions of
the SCCR
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The bone of contention
Rome Convention adopted in 1961, never revised
 Does not provide protection against :
 Unauthorised cable distribution of signals
 Unauthorised deferred rebroadcasts
 Unauthorised distribution of recordings of broadcasts
 Piracy of prebroadcasts signals
 No Internet or on line delivery
 Increase in cross border piracy
 National update of laws not sufficient
 Provide level playing field at international level which will
generate activity and employment
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Scope of the Treaty
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a.
b.
c.
d.
Which forms of transmissions to be
protected
Prtection of traditional broadcasters
Protection of webcasting and
simulcasting
What about simulcasts of tarditional
braodcasters ?
Optional Appendix ?
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Rights
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Rights to be granted ? articles 6 to 10
Post fixation rights- Right of Retransmission by
any means/over computer networks:
“broadcasting organizations shall enjoy the exclusive
right of authorizing the retransmission of their
broadacsts by any means including rebroadcasting,
retransmission by wire and retransmission over
computer networks”
Right to authorize vs Right to prohibit or 2 tier
approach
Protection of prebroadcast signal
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Signal porteur de programmes précédant l’émission
Télécommunication pour la transmission d’émissions
télévisées (point à point)
Radiodiffusion
(point-multiploint)
Intercepté par des pirates
Intercepted by Pirate
Types de transmissions
Satellite
Transmission
précédant
l’émission
Satellite
TV -A
TV
Stade de football
footballfootballium
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Other Issues
Public interest clauses
Access to knowledge,
– Cultural Diversity,
– Defense of Competition
Limitations and Exceptions
Term of protection,
Technological protection measures: will TPM restrict
access to knowledge, will it conflict with copyright
exceptions ?
Eligibility
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The Proposed Treaty on the Protection of
Broadcasting Organizations
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WIPO General Assemblies in September 2006
decided to:
Two special sessions of the SCCR would be
convened to clarify the outstanding issues
Sessions should aim to finalize on a signal based
approach the objectives, specific scope and object
of protection
With a view to submitting to a diplomatic
conference a revised basic proposal
Diplomatic Conference would be convened Nov 19
to Dec 2007
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“objectives” of the treaty
to provide a stable legal framework for
the activities of the broadcasting
organizations
 focus is on the “anti-piracy” function
 protection against competitors and
against unfair exploitation, and against
free-riding
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Two special sessions
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January 17 to 19, 2007
June 18 to 22, 2007
Lack of consensus on central issues
Safeguarding of cultural diversity
Rights regarding retransmission of broadcasts
over the Internet
Recommandation to GA
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Follow up
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General Assemby 2007decided that the issue
would be retained on the agenda of regular
sessions of the SCCR
Convening of DC would be considered after
agreement on objectives, scope, object of
protection
SCCR 16 March 10-12, 2008 decided to
continue discussions
Informal paper on main positions to be
prepared before next session
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Thank you
www.wipo.int/copyright
[email protected]