Today, right after the NGOs were allowed take the floor for 2 minutes each, the secretariat distributed the "new treaty". It's called "Chair's non-paper Combination of the four non-papers on Articles". Check out the rights, the limitations and exceptions and the term... and let me know if you think this is really about signal? Or maybe signal is not what I think?
This is the new text the delegates discussed (without NGOs permitted in the room this afternoon and tonight)
1) The provisions of this Treaty shall apply to the protection of broadcasting organizations in respect of their broadcasts.
2) The provisions of this Treaty do not give rise to any rights in the programme content that is transmitted by the broadcasting organizations.
[Manon: ALT CC of SCCR 15/2] (1) Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under any international, regional or bilateral treaties addressing copyright or related rights
(2) Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright or related rights in program material incorporated in broadcasts. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection.
[Manon: NEW] 4) If this Treaty does not provide rights or protection for the same scope and on the same level as the Rome Convention or the TRIPS Agreement, Contracting Parties, who are Contracting States of the Rome Convention or members of the TRIPS Agreement, will apply the provision of these treaties between themselves.
a) "broadcast" means the programme-carrying signal used for transmission by the broadcasting organization;
c) "broadcasting" means the transmission by wireless means of broadcast for the reception by the public;
- wireless transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;
e) "broadcasting organization" and "cablecasting organization" mean the legal entity that takes the initiative and has the responsibility for the transmission of a broadcast tot he public, and for the assembly and scheduling of the programme content;
g) "communication to the public" means making the programme content of broadcasts perceptible to the public;
1) The provisions of this Treaty shall apply mutatis mutandis to the protection of cablecasting organizations in respect of their cablecasts.
[Manon: new] 3) The provisions of this treaty shall not provide any protection for netcasting organizations in respect of their netcasts transmitted over the computer networks.
(2) Each Contracting Party may choose to apply the obligation provided for in paragraph (1) only to the extent that the other Contracting party applies [Articles ] of this Treaty. If a Contracting Party avails itself of the possibility provided for in this paragragh, the Contracting Party shall notify this application to the Director General of WIPO.
i) the simultaneous or deferred retransmissio of their broadcasts by any means, including rebroadcasting, retransmission by wire, and retransmission over computer networks; and
(iii) the making available to the public of their broadcasts from fixations, by wire or wireless means, in such a way that members of the public may access them from a place and a time individually chosen by them; and
iv) the communiation to the public of their broadcsts, if such communication is made in places accessible to the public against payment of an entrance fee, or using very large screens in places accessible to the public, or made in a profit making purpose.
any acts referred to in [Article on rights abd Article on encryption] of this Treaty in relation to their signals prior to
(1) Contracting Parties may, in their national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of broadcasting organizations as they provide for, in their national legislation, in connection with the protection of copyright in literary and artistic works, and the protection of related rights.
(2) Contracting Parties shall confine any limitations of or exceptions to rights provided for in this Treaty to certain special cases which do not conflict with a normal exploitation of the broadcast and do not unreasonably prejudice the legitimate interests of the broadcasting organization.
(3) Subject to the provisions in paragraphe 2, and in accordance with paragraph 1, Contracting Parties may provide for limitations and exceptions to the exclusive rights provided in this Treaty for such purposes as private use, educational uses, scientific research, uses for the benefit of disabled persons, legal deposit requirements, reporting of current events, and use for public security and judicial purposes.
In the case of a more flexible standards of protection, such as "adequate and effective legal protection", the need for "limitations and exceptions" is less. The reason for this is the fact that it would be a matter for the Contracting Parties to design the form of protection, the level of protection, the details of protection, and the areas where there is no protection concerning some uses. The guiding standard would be the adequacy of the protection.]
The term of protection to be granted to broadcasting organizations under this Treaty shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcasting took place.
Contracting Parties shall provide for adequate legal protection and effective legal protection against unauthorized
ii) manufacture, importation, sale or any other act that makes available a device or system capable of decrypting an encrypted broadcast; and