New WIPO Treaty Needed—a While Ago, NAB says
A “clear and pressing need” to update broadcasters’ signal rights justifies the proposed WIPO treaty, the NAB said in a letter to officials Thurs. The treaty would grant broad new intellectual property rights to broadcasters, “cablecasters” and possibly webcasters, critics have warned (CD June 12 p12.)
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“Broadcasters’ rights at the international level have not been updated for over 45 years and broadcasters are being harmed,” wrote NAB Pres. David Rehr in letters to Jon Dudas, Commerce undersecy. for intellectual property, and to Marybeth Peters, register of copyrights at the Library of Congress. The letter sought to pick apart a Tues. statement from AT&T, Verizon, the U.S. Internet Industry Assn., Electronic Frontier Foundation, USTelecom and others opposing the treaty (CD Sept 6 p6). “Our concern is that we don’t understand what this new right is… It’s not a theft of services [matter] -- it’s an intellectual property right” that will “thwart innovation,” attorney Jim Burger, who represents Dell, HP, Intel and TiVo, said during a conference call Thurs.
“That focus misses the mark because without an international recognition of substantive rights in broadcast signals, foreign satellite cable and Internet providers can expropriate U.S. broadcast signals… no such right currently exists,” NAB said.
Other opponents of the treaty said it could stifle creativity. The treaty would jeopardize the Internet’s future and hurt “new applications and new developments,” Michael Nelson, Internet Society vp, said on the call: “The most exciting developments involve collaboration.” But NAB insisted those interests would be protected: “Any final version of this treaty will include a section on the limitations and exceptions that permits countries to adopt limits and exceptions to rights crafted under the treaty. The limitations would allow fair use, private home copying, use by libraries and schools” and other exceptions.
Broadcasters should take their fight to Congress, said several representatives of groups opposing the treaty. NAB said the upcoming WIPO sessions provide the proper forum: “The time to move to a diplomatic conference to adopt a treaty updating the rights of broadcasters is long overdue.”