A new broadcasting right proposed by the
World
Intellectual Property Organization (Wipo) is being opposed by freedom
organisation the
Electronic
Frontier Foundation (EFF).
The Broadcast Treaty seeks to allow 50 years of copyright-like control over
the content of broadcasts, even when the broadcaster has no copyright in what it
shows, according to the EFF.
The campaign group is urging podcasters to
sign
a letter opposing the treaty being extended to cover the internet.
"A TV channel broadcasting your Creative Commons-licensed movie could legally
demand that no one record or redistribute it, and sue anyone who does,"
explained the EFF.
"TV companies could use their new rights to go after
TiVo or
MythTV for
daring to let you skip advertisements or record programmes in DRM-free formats.
"
Some countries also support expanding the treaty to cover the internet. "
That means that anyone who feeds any combination of 'sound and images' through a
web server would have a right to meddle with what you do with the webcast simply
because they serve as the middleman between you and the creator," said the EFF.
"If the material is already under copyright, you would be forced to clear
rights with multiple sets of rights holders. Not only would this hurt innovation
and threaten citizens' access to information, it would change the nature of the
internet as a communication medium."
The Broadcast Treaty also does not incorporate traditional fair use, a legal
defence to copyright infringement, according to EFF fellow and author Cory
Doctorow.
"Fair use does not apply to the broadcast right. It will have its own rules
for fair use, separate from copyright," Doctorow wrote on the
Boing
Boing blog.
"You will have to pay your lawyer twice: once to make sure you've got a fair
copyright use, and again to make sure you've got a fair broadcast right use. And
you might get sued twice: once for violating copyright and again for broadcast
right violations."
Doctorow encouraged podcasters to fight the legislation and sign the
EFF
open letter.
"If you are a podcaster, or better yet a podcasting organisation, sign this
letter now," he wrote. "It will be presented on Monday morning to the Wipo
committee that's creating the Broadcast Treaty in Geneva. This is your best-ever
chance to be heard."
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