Sean Flynn, on behalf of the Global Expert Network on Copyright User Rights, made the following statement to the World Intellectual Property Organization Standing Committee on Copyright and Related Rights during the negotiation of the Broadcast Treaty. The negotiations of the treaty have picked up pace, with Brazil announcing that they would support a diplomatic conference on the current Chair’s draft. As the Committee transitions into informal discussions on the treaty, the United States stands as the only country who appears prepared to vote against a Diplomatic Conference to finalize the treaty.
Thank you chair. I want to speak quickly to the issue of limitations and exceptions for the Broadcast treaty should one proceed.
We should not be using a 20 year old model that ignores the many advancements in this area. With all due respect, both the chair’s text and the proposal by Argentina and Brazil at the last round are unduly limited. They do not include mandatory exceptions from other agreements, including Berne and Marrakesh. Nor do they consider the needs of libraries, archives, museums or for education or research activities currently in discussion in this committee. Nor do they include the best examples of provisions protecting domestic policy space, such as
- the broad statement of permissive exceptions, using the original formulation of Berne Article 9(2) (“It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works”),
- the WCT agreed statement provision making clear that countries can develop new exceptions appropriate to broadcast in the digital environment
- the protection of flexible exceptions, like fair use and fair dealing, included in the Marrakesh treaty
- the protection of exceptions to technical protection measures, included in the Beijing treaty.
This committee should debate and draft a modern limitations and exceptions provision for the Treaty before progressing to a diplomatic conference.
