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Joint Statement of Certain Civil
Society, Industry and Rightsholders
Representatives Regarding theDraft Basic Proposal for SCCR 15
The undersigned organisations represent a broad set of constituencies
with a direct interest in the discussions underway regarding aninternational instrument relating to broadcasting. We submit that theDraft Basic Proposal for a WIPO Treaty on the Protection ofBroadcasts and Broadcasting Organizations, as currently drafted,
would harm important economic and public policy interests.
Fundamentally, we remain unconvinced that a treaty is necessary
at all. We note with concern that treaty proponents have not clearly
identified the particular problems that the treaty would ostensibly solve,
and we question whether there are in fact significant problems that
require a multilateral solution. However, in the spirit of constructiveengagement, we submit the following for consideration of delegations:
If the treaty moves forward in any form, we believe that thecurrent rights-based approach of the treaty must be abandoned.
We submit that creating broad new intellectual property rights in order toprotect signals is fundamentally flawed and, in any case, unnecessary, andrisks serious unintended negative consequences. We recommend insteada signal protection-oriented approach, which we submit should focus, tothe greatest extent possible, narrowly and specifically on protecting
signals from intentional misappropriation or theft. We submit that thisInstrument need not be negotiated in either a ‘Rome+’ or ‘Rome–’
context. The TRIPS Agreement, The Brussels Satellite Convention
and the Phonograms Convention are all ‘Rome–’ as regards various
Rome beneficiaries and all postdate the Rome Convention.
1To the degree that the treaty allows for Contracting Parties tocreate broader rights or protections beyond protection against intentionalsignal theft, then we submit that a mandatory set of limitations andexceptions must be included in the treaty in order to ensure thatuses of broadcast content that are lawful under copyright law are
not inhibited by the treaty. At a minimum, limitations and exceptions
under the treaty should be equivalent to those that an implementing stateprovides under its copyright laws, and should provide flexibility for
additional limitations and exceptions that are appropriate in a digital
network environment.
23Under the current draft of the treaty, the broad scope of the
proposed rights, combined with proposed additional rights to use
technological protection measures (TPMs) in connection with theserights, raises questions about whether the beneficiaries would gain theability to control signals in the home or personal network environment.
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INTERNATIONAL MUSICMANAGERS FORUM

ISINTERNET SOCIETY

IPJ
IP JUSTICEMAP
MEDIA ACCESS P ROJECT

Such control is without precedent and would interfere with the rollout ofbroadband and home and personal networking services and limit thedevelopment of innovative devices that provide home and personal
networking functionality. Accordingly, the treaty should include a
provision excluding coverage of fixations, transmissions orretransmissions across a home network or personal network.
Further, we should note that many organisations within our groupbelieve that TPM provisions are inappropriate in connection with thistreaty and should be excluded from the treaty entirely.

4Whilst we understand that SCCR 15 is to be devoted todiscussing the protection of broadcasting and cablecasting, theinclusion of ‘by any means’ in important elements of the Draft
NA PIRGs
Basic Proposal clearly provides for control over Internet
NATIONAL ASSOCIATION OF S TATE
retransmissions of broadcasts and cablecasts. Whilst members ofPIRGS
our group do not share a common view about the best approach toOKF
addressing Internet-related issues, we are united in our belief that theOPEN KNOWLEDGE FOUNDATION
current approach is unacceptable. Further, to the extent that thetreaty continues to take a rights-based approach rather than aPanasonic
PANASONIC CORPORATION OFsignal theft or signal protection approach, we oppose the treaty’s
NORTH AMERICAapplication to the Internet.

MLA

MEDICAL LIBRARY ASSOCIATIONPKPUBLIC KNOWLEDGE

RadioShack
RADIOSHACK CORPORATIONSLASPECIAL LIBRARIES ASSOCIATIONSonySONY ELECTRONICS I NC .

TiVo
TIVO INC .

UPDUNION FOR THE PUBLIC DOMAINUSIIAU.S. INTERNET INDUSTRYASSOCIATIONUSPIRG
US PUBLIC I NTEREST RESEARCHGROUPUSTA

5To the extent that the Treaty continues to include Internettransmissions in its scope, we wish to make clear our serious concernsthat network intermediaries would face the threat of direct orsecondary liability for infringement of the broad rights granted
under the current Draft Basic Proposal. The limitations of liability
afforded to intermediaries today under existing national laws would only
protect against copyright infringement, not against a violation of thesebroad new rights. Should a new Instrument result from thesenegotiations that includes any protection of Internet transmissions of any
kind, we submit that the treaty must ensure that network
intermediaries do not face liability for alleged infringement ofrights or violations of prohibitions by virtue of actions they take intheir normal course of business or as a result of the actions of theircustomers.
We wish to draw to distinguished delegates’ attention that the issues
identified in this Statement do not represent a comprehensive list of theconcerns of all the undersigned. Individual organisations intend toindependently raise other issues of serious concern. We also referdelegations to the treaty language proposals many of theundersigned have provided separately.

US TELECOM

Verizon
VERIZON COMMUNICATIONS
INC ./VERIZON WIRELESSWe are at the disposal of the distinguisheddelegates to the SCCR to discuss these views.

YISP
YALE I NFORMATION SOCIETY
PROJECT

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