Consensus on Compromise Re: Broadcast/Internet Copyright
GENEVA -- A proposed compromise on broadcast copyright rules was floated here Thurs., but the issue remained delayed (CD Sept 28 p5) by U.S. insistence on an escape clause, said officials. The compromise addresses issues raised in the WIPO debate on holding a diplomatic conference on the broadcast treaty. A consensus seems to be emerging, but it is not mature, said WIPO Gen. Assembly (GA) Chmn. Enrique Manalo.
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A new conference date was proposed in the compromise -- Nov. 19-Dec. 7, 2007. That isn’t ideal, but the issue hasn’t crashed, a broadcast official said. The proposal is the basis for talks, the compromise said. Other features include a June 2007 meeting of a committee to prepare for the conference. Two sessions by the standing committee on copyright & related rights (SCCR) would clarify outstanding issues. The first SCCR would be in Jan., the 2nd in June, scheduled alongside the preparatory committee, the compromise proposal said. The SCCR “should aim to agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised basic proposal,” the compromise said.
Parties generally accepted the compromise, save for U.S. insistence on an escape clause that would let parties call off the diplomatic conference if SCCR results weren’t acceptable, officials said. The escape clause seems like overkill, one broadcast official said, since any treaty requires consensus. The likelier scenario is that the clause sees use to push back the conference even further, said an official involved in the talks. One official said telcos have put more pressure on the U.S. position since the SCCR. Another telco official cited additional pressure from the high tech and consumer products industries and telcos investing in the technology. Telcos generally like the progress, the official added, provided the new text stays on target for the signal protection approach. A developing country diplomat engaged in the talks speculated that the U.S. might be aiming for a modest treaty to serve as a foundation for future work. But one official close to the negotiations suggested the escape clause campaign might be an effort to maneuver the talks toward failure.
Officials engaged in the talks hoped to have a compromise before the Thurs. General Assembly session ended, but the meeting ended before the matter was brought back to the floor. Informal, bilateral and trilateral meetings were anchored Thurs. by the U.S. and the EU, with Japan, India, Argentina, Mexico, The African Group and other interested nations taking part, an official close to the talks said. Ninety percent of the remaining issues were political and 10% technical, a broadcast official said.