International Protection of Rights of Broadcasting Organizations Seminar

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 1

Standing Committee on Copyright and Related Rights (SCCR) 1. 2. 3. 4. Update rights of broadcasting organizations Protection of audiovisual performances Exceptions and limitations Protection of non-original databases 2

Broadcasting is at the centre of the convergence triangle Broadcast, Media & Entertainment Information Technology RAI, TF Communications (EBU) 3

Internet Piracy/Europe 4

Internet n n n Offers new types of services (e. g. audio-on demand 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 5

Internet /Webcasting n n n 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) 6

Mobile TV n n n 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 3 G 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 7

Kazaa and Morpheus-1. 81 billion files in a month 8

Illegal Peer-to-Peer file distribution is now mainstream n n n 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 P 2 P traffic volumes are at least double that of [web traffic] during the peak evening periods and as much as tenfold at other times. ” 9

A wide array of file-sharing applications and websites The vast majority of popular US and UK TV series are available for download n According to web monitoring firm ENVISIONAL the amount of TV show piracy increased 150 per cent over the past year. n UK which leads the way, accounting for The around one fifth of global television piracy, ahead of Australia in second and the USA in third. n 10

Broadcasting Piracy n n n 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 11

Webcast Piracy Unauthorized taking of streams from the server, and retransmitting them through the pirate’s website n Hacking into the webcaster’s servers and stealing hidden content files n Technological measures are temporary fixes against piracy n 12

Rationale for protection Broadcasters are Aggregators: IP protects entrepreneurial efforts and investments in assembling and scheduling programs n Broadcasting major economic sector in developed and developing countries. Protection of BO contributes to development of local content n Broadcasters provide access to information to everyone n 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 n Piracy affects all content owners chain: fight against signal piracy ultimately benefits all content owners n 13

FILM /TV : Rights in respect of cable retransmission of broadcast programs n n n simultaneous and unchanged transmissions of broadcast programs Article 11 bis(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 society. 14

The Proposed Treaty on the Protection of Broadcasting Organizations n n n 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 15

The bone of contention Rome Convention adopted in 1961, never revised n Does not provide protection against : n Unauthorised cable distribution of signals n Unauthorised deferred rebroadcasts n Unauthorised distribution of recordings of broadcasts n Piracy of prebroadcasts signals n No Internet or on line delivery n Increase in cross border piracy n National update of laws not sufficient n Provide level playing field at international level which will generate activity and employment 16

Scope of the Treaty – 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 ? 17

Rights – – – 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 18

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 footballfootballium 19

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 20

The Proposed Treaty on the Protection of Broadcasting Organizations n n 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 21

“objectives” of the treaty n to provide a stable legal framework for the activities of the broadcasting organizations n focus is on the “anti-piracy” function n protection against competitors and against unfair exploitation, and against free-riding 22

Two special sessions January 17 to 19, 2007 n June 18 to 22, 2007 n Lack of consensus on central issues n Safeguarding of cultural diversity n Rights regarding retransmission of broadcasts over the Internet n Recommandation to GA n 23

Follow up General Assemby 2007 decided that the issue would be retained on the agenda of regular sessions of the SCCR n Convening of DC would be considered after agreement on objectives, scope, object of protection n SCCR 16 March 10 -12, 2008 decided to continue discussions n Informal paper on main positions to be prepared before next session n 24

Thank you www. wipo. int/copyright carole. croella@wipo. int 25